502 - Search Of Student Lockers, Desks, Personal Posessions, And Student's Person
I. PURPOSE
The purpose of this policy is to provide for a safe and healthful educational environment by enforcing the school district’s policies against contraband.
II. GENERAL STATEMENT OF POLICY
A. Lockers and Personal Possessions Within a Locker
Pursuant to Minnesota statutes, school lockers are the property of the school district. At no
time does the school district relinquish its exclusive control of lockers provided for the
convenience of students. Inspection of the interior of lockers may be conducted by school
officials for any reason at any time, without notice, without student consent, and without a
search warrant. The personal possessions of students within a school locker may be
searched only when school officials have a reasonable suspicion that the search will uncover
evidence of a violation of law or school rules. As soon as practicable after the search of a
student’s personal possessions, the school officials must provide notice of the search to
students whose lockers were searched unless disclosure would impede an ongoing
investigation by police or school officials.
B. Desks
School desks are the property of the school district. At no time does the school district
relinquish its exclusive control of desks provided for the convenience of students. Inspection
of the interior of desks may be conducted by school officials for any reason at any time,
without notice, without student consent, and without a search warrant.
C. Personal Possessions and Student’s Person
The personal possessions of students and/or a student’s person may be searched when
school officials have a reasonable suspicion that the search will uncover a violation of law or
school rules. The search will be reasonable in its scope and intrusiveness.
D. It shall be a violation of this policy for students to use lockers and desks for unauthorized
purposes or to store contraband. It shall be a violation for students to carry contraband on
their person or in their personal possessions.
III. DEFINITIONS
A. “Contraband” means any unauthorized item possession of which is prohibited by school
district policy and/or law. It includes but is not limited to weapons and “look-alikes,” alcoholic
beverages, controlled substances and “look-alikes,” overdue books and other materials
belonging to the school district, and stolen property.
B. “Personal possessions” includes but is not limited to purses, backpacks, bookbags, packages,
and clothing.
C. “Reasonable suspicion” means that a school official has grounds to believe that the search will
result in evidence of a violation of school district policy, rules, and/or law. Reasonable
suspicion may be based on a school official’s personal observation, a report from a student,
parent or staff member, a student’s suspicious behavior, a student’s age and past history or
record of conduct both in and out of the school context, or other reliable sources of
information.
D. “Reasonable scope” means that the scope and/or intrusiveness of the search is reasonably
related to the objectives of the search. Factors to consider in determining what is reasonable
include the seriousness of the suspected infraction, the reliability of the information, the
necessity of acting without delay, the existence of exigent circumstances necessitating an
immediate search and further investigation (e.g. to prevent violence, serious and immediate
risk of harm or destruction of evidence), and the age of the student.
IV. PROCEDURES
A. School officials may inspect the interiors of lockers and desks for any reason at any time,
without notice, without student consent, and without a search warrant.
B. School officials may inspect the personal possessions of a student and/or a student’s person
based on a reasonable suspicion that the search will uncover a violation of law or school
rules. A search of personal possessions of a student and/or a student’s person will be
reasonable in its scope and intrusiveness.
C. As soon as practicable after a search of personal possessions within a locker pursuant to this
policy, the school officials must provide notice of the search to students whose possessions
were searched unless disclosure would impede an ongoing investigation by police or school
officials.
D. Whenever feasible, a search of a person shall be conducted in private by a school official of
the same sex. A second school official of the same sex shall be present as an observer
during the search of a person whenever feasible.
E. A strip search is a search involving the removal of coverings or clothing from private areas.
Mass strip searches, or body cavity searches, are prohibited. Strip searches will be
conducted only in circumstances involving imminent danger.
F. A school official conducting any other search may determine when it is appropriate to have a
second official present as an observer.
G. A copy of this policy will be printed in the student handbook or disseminated in any other way
which school officials deem appropriate. The school district shall provide a copy of this policy
to a student when the student is given use of a locker.
V. DIRECTIVES AND GUIDELINES
School administration may establish reasonable directives and guidelines which address specific needs of the school district, such as use of tape in lockers, standards of cleanliness and care, posting of pin-ups and posters which may constitute sexual harassment, etc.
VI. SEIZURE OF CONTRABAND
If a search yields contraband, school officials will seize the item and, where appropriate, turn it over to legal officials for ultimate disposition.
VII. VIOLATIONS
A student found to have violated this policy and/or the directives and guidelines implementing it shall be subject to discipline in accordance with the school district’s Student Discipline Policy, which may include suspension, exclusion, or expulsion, and the student may, when appropriate, be referred to legal officials.
Adopted: 7-14-2008; Reviewed: 7-13-2009
Download Policy: 502-Search Of Student Lockers