5145.12

Students

Search and Seizure

Desks, lockers and other such property are owned by the East Haddam Board of Education and the school exercises exclusive control of all school property. Students should not expect privacy regarding any items stored in school property such as a student assigned locker which is subject to a search at any time by a school administrator. Since lockers in the school are sometime shared by more than one student, great care will be exercised in determining which student is responsible for contraband found in a locker or other school property during a locker search. The decision to search shall be made by a member of the school administration. The search shall be made in the presence of at least one witness, after which each participant in the search shall sign a dated register attesting to what was found. The discovery of illegal or dangerous contraband shall be reported to the office of the Superintendent of Schools and/or the police.

Spot checks of school property for contraband materials such as drugs, alcohol, etc. may be conducted by a school administrator under the following conditions:

1. There is reason to believe that contraband materials are contained in a student locker/desk and the presence of said materials poses a serious threat to the maintenance of discipline, order, health and safety in the school.

2. The search of a group of students’ desks/lockers where no particular individual within the group is suspected may be conducted only if there is a reasonable suspicion of conduct immediately harmful to students, staff or school property.

3. Students shall be informed annually of the Board Policy that allows the search of all school property such as lockers, desks, etc.

4. Locker/school property/building spot checks/searches may be conducted by any means deemed appropriate, such as the use of drug/contraband dogs by the resident state police, at any time without any prior warning.

The exercise of the right to inspect school property also requires the protection of each student’s privacy and protection from coercion, with reasonable care for the Fourth Amendment rights of students.

Legal Reference: Connecticut General Statutes

Section 10-221 Boards of education to prescribe rules

Section 54-33n, Searches

New Jersey v. T.L.O., 469 US 325; 105 S.CT.733

Policy adopted: March 9, 2004 EAST HADDAM PUBLIC SCHOOLS

Moodus, Connecticut