Search and Seizure
A. Generally
The Clermont County Educational Service Center Governing Board believes that
an atmosphere must prevail in the schools where learning can flourish. The
learning atmosphere must be free of oppression, uncertainty and
discrimination but also free of fear, disruption and disorder. The school
environment should be one in which each student will be safe from harm or
threat of harm to his person, his property, his peace of mind and his right
to learn. It is the belief of the Governing Board that self-discipline,
positive reinforcement and social skill developments are more effective than
punitive measures in creating and maintaining an atmosphere conductive to
learning. Each person associated with the Clermont County Educational
Service Center is expected and required to adhere to all laws, policies,
rules and regulations designed to promote such an atmosphere.
In maintaining the atmosphere conducive to learning, the Board wishes to
protect the rights of all students against unreasonable search and seizure
as guaranteed by the United States Constitution.
B. Search of a Student, His/Her Locker or Personal Property by a Law
Enforcement Officer:
Although the Governing Board wishes to cooperate with law enforcement
agencies, a search of a student or his/her property by a law enforcement
officer, absent of a reasonable request by a school administrator, should
take place while a student is outside the jurisdiction of the Governing
Board unless this restriction would unreasonably impede law enforcement
activities. Unless the search is otherwise permissible by law, or a school
administrator requests the law enforcement officer to conduct a search, a
law enforcement officer shall present a search warrant to the principal in
order to search a student, his/her locker/desk or personal property while
the student is under jurisdiction of the Governing Board.
C. Search of a Student or Personal Property by School Authorities/
Administration:
If a school administrator has reasonable suspicion to believe that a student
possesses a dangerous weapon, contraband, illegal or stolen item, the
administrator may search the student or his/her personal property and may
remove the item and contact any appropriate authorities.
D. Search of Lockers and Other School Property by School Authorities:
Although the student and the Governing Board may have joint control of
lockers, desks or other school property, the student does not have exclusive
control over this property and does not possess a reasonable expectation of
privacy regarding the property. Student lockers/desks are provided as a
convenience to be used for limited purposes and are the property of the
school district. Students have exclusive use of their lockers/desks as to
other students, but not as it relates to official representatives of the
school district. Since random searches and reasonable suspicion searches
have a positive impact on reducing drugs, criminal activity, contraband and
disruption of the educational mission it is a policy of the Governing Board
to permit the building administrator to search any locker or student desk
and its contents as an administrator believes necessary in accordance with
federal and state laws as well as Governing Board policy. The policy shall
be posted in a conspicuous place in every school building and near student
locker/ desk areas. Principals and their representatives have a duty to
inspect student lockers/desks whenever they consider it appropriate for the
following reasons:
(i) To encourage cleanliness and a healthy environment,
(ii) To prevent waste accumulation,
(iii) To promote safety, health, welfare and fire prevention,
(iv) To recover stolen or missing property,
(v) To prevent storage of unauthorized, illegal or dangerous items such as
weapons, drugs, narcotics, drug paraphernalia, alcohol and/or other
contraband.
Grounds Used for Search:
1. As to specific students, if, in the judgment of an administrator or their
designees, there exists a reasonable suspicion to believe that the
unscheduled inspection of a specific locker/desk may promote the reasons
listed above, or that such inspection may eliminate a threat to the
maintenance or discipline of order in the school, the locker/desk will be
opened in the presence of an adult witness. Except in those cases where the
safety, health or welfare of the school community dictates otherwise,
reasonable efforts will be taken to notify the student in advance, inform
him or her of the grounds for the inspection, and give him or her the
opportunity to be present during the inspection.
2. As to general locker/desk searches, an administrator or its designees may
conduct random searches of lockers/desks. Reasonable suspicion is not
required to conduct random locker/desk searches. Searches of all or a
limited number of locker/desks may be conducted at any time.
3. If any item is confiscated or removed because it is unauthorized,
illegal, dangerous, or contraband in violation of the school code of
conduct, the entire contents of the locker/desk shall be inventoried, the
grounds for the inspection will be documented, and the student will be given
the opportunity to explain the presence of the confiscated and removed
items. Upon completion of the locker or desk search, and confiscation of the
item, appropriate disciplinary action will be taken and appropriate
authorities notified.
E. Security Devices
In accordance with the Clermont County Educational Service Center’s
commitment to providing a quality education conducive to learning which
protects the health and safety of the school community, the Governing Board
has authorized the administration to utilize security devices such as metal
detectors, surveillance cameras, entry systems, identification badges, and
facility regulations, etc.
Utilization of security devices will be consistent with the intent of this
policy and will consider the protection and rights of all students against
unreasonable search and seizure as guaranteed by the United States
Constitution. Therefore, individual searches will be conducted if there is
reasonable suspicion and random searches will be conducted in accordance
with reasonable standards adopted by the administration.
[Adoption date: June 21, 2001]
[Revised: August 16, 2007]
Clermont County Educational Service Center Governing Board
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