SEARCHES, SEIZURES AND ARRESTS

 

School district property is held in public trust by the board.  School district authorities may, without a search warrant, search students or protected student areas based on a reasonable and definable suspicion that a school district policy, rule, regulation or law has been violated.

 

The search shall be in a manner reasonable in scope to maintain order and discipline in the schools, promote the educational environment, and protect the safety and welfare of students, employees and visitors to the school district facilities.  The furnishing of a locker, desk or other facility or space owned by the school and provided as a courtesy to a student, even if the student provides the lock for it, shall not create a protected student area and shall not give rise to an expectation of privacy with respect to the locker, desk, or other facility.

 

School authorities may seize any illegal, unauthorized or contraband materials discovered in the search.  Items of contraband may include, but are not limited to, nonprescription controlled substances, marijuana, cocaine, amphetamines, barbiturates, apparatus used for controlled substances, alcoholic beverages, tobacco, weapons, explosives, poisons and stolen property.  Such items are not to be possessed by a student while they are on school district property or on property within the jurisdiction of the school district; while on school owned and/or operated transportation; while attending or engaged in school activities; and while away from school grounds if misconduct will directly affect the good order, efficient management and welfare of the school district.

 

Possession of such items will be grounds for disciplinary action including suspension or expulsion and may be reported to local law enforcement officials.  The board believes that illegal, unauthorized or contraband materials may cause material and substantial disruption to the school environment or presents a threat to the health and safety of students, employees, or visitors on the school district premises or property within the jurisdiction of the school district.

 

The superintendent or building principals may release minor students into the custody of a law enforcement officer upon presentation of a court order or warrant for the student's arrest, or to  remove a student from school premises if the officer or school administrator has reason to believe that the student has violated the law. 

 

The principal or designee will immediately attempt to notify the parent/guardian or responsible relative of the student's release and the place to which the student is reportedly taken, except in cases of child abuse.

 

It shall be the responsibility of the superintendent, in conjunction with the administrative team, to develop administrative regulations regarding this policy.

 

Approved ________________ Reviewed _______________ Revised ________________

Legal Reference:                     Neb. Statute 79-294

New Jersey v. T.L.O., 469 U.S. 325 (1985).

                                                Cason v. Cook, 810 F.2d 188 (8th Cir. 1987), cert. den.,                                                                  482 U.S. 930 (1987).

 

Cross Reference:                     504      Student Rights and Responsibilities

                                                505      Student Discipline

                                                508.10 Referral of Students to Other Agencies