Glenbard Township High School District 87
Policy 7:140

Students

Search and Seizure

To maintain order and security in the schools, school authorities are authorized to conduct searches of school property and equipment, as well as of students and their personal effects. “School authorities” includes school liaison police officers.

School Property and Equipment as well as Personal Effects Left There by Students

School authorities may inspect and search school property and equipment owned or controlled by the school (such as lockers, desks, and parking lots), as well as personal effects left there by a student, without notice to or the consent of the student. Students have no reasonable expectation of privacy in these places or areas or in their personal effects left there. These searches may be conducted without notice to or consent of the student or the student’s parents, without suspicion of wrongdoing, and without a search warrant.

This policy applies to vehicles and their contents parked on property owned or controlled by the school or on any public or private property for which school authorities issue a parking permit. In addition, each school shall require students, in return for the privilege of parking on school or other property, to consent in writing to searches of his or her vehicle and its contents without notice, suspicion of wrongdoing or a search warrant.

The Superintendent or designee may request the assistance of law enforcement officials to conduct inspections and searches of lockers, desks, parking lots, other school property and equipment and vehicles as provided above for illegal drugs, weapons, or other illegal or dangerous substances or materials, including searches conducted through the use of specially trained dogs. School officials may turn over items obtained in a search to law enforcement officials.

Students

When there is a reasonable ground for suspecting that the search will produce evidence the particular student has violated or is violating either the law or the District’s student conduct rules, school authorities may search a student and/or the student’s personal effects in the student’s possession such as purses, wallets, knapsacks, book bags, lunch boxes, and electronic equipment and/or devices capable of storing, sending, and/or receiving data etc., such as, but not limited to computers, cellular telephones, personal digital accessories (PDAs), universal serial bus (USB) flash drives.

The search itself must be conducted in a manner that is reasonably related to its objectives and not excessively intrusive in light of the student’s age and sex, and the nature of the infraction. When feasible, the search should be conducted as follows:

2252008_122550_0.png Outside the view of others, including students;

2252008_122550_0.png In the presence of a school administrator or adult witness; and

2252008_122550_0.png By a certificated employee or liaison police officer of the same sex as the student.

2252008_122550_0.png By a network Administrator or designee – when a search of equipment and/or devises capable of storing, sending, and/or receiving data is required.

Immediately following a search, a written report shall be made by the school authority who conducted the search, and given to the Superintendent.

Seizure of Property

If a search produces evidence that the student has violated or is violating either the law or the District’s policies or rules, such evidence may be seized and impounded by school authorities, and disciplinary action may be taken. When appropriate, such evidence may be transferred to law enforcement authorities.


LEGAL REF.:  Veronia School District 47J v. Acton, 115 S.Ct. 2385 (1995).
                      T.L.O. v. New Jersey, 105 S.Ct. 733 (1985).
                      Cornfield v. Consolidated High School Dist. No. 230, 991 F.2d 1316 (7th Cir. 1993).
                      People v. Dilworth, 661 N.E.2d 310 (1996).
                      People v. Pruitt, 662 N.E. 2d 540 (Ill. App. 1st Dist. 1996).
                      105 ILCS 5/10-20.14, 5/10-22.6, and 5/10-22.10a.

CROSS REF.: 7:130, 7:140 (police interrogation), 7:190 (student discipline)

ADOPTED:     December 8, 1997

REVIEWED:    May 15, 2006

REVISED:       October 23, 2006



 
 

Glenbard Township High Schools District #87 | Glen Ellyn, IL 60137 | Phone: (630) 469-9100 Fax: (630) 469-9107