Pomperaug Regional
School District 15
286 Whittemore Road,
P.O. Box 395
Middlebury, CT 06762-0395
203-758-8258

Policies
 

No. 2476

ADMINISTRATION

 

Series 2000

 

Search and seizure

 

Policy

 

It is the policy of the Region 15 Board of Education that due process of search and seizure be used:

 

1.

Search of a Student and His/Her Effects

 

A.

Fourth Amendment rights to be free from unreasonable searches and seizures apply to searches conducted by public school officials.  A student and his/her effects may be searched if there are “reasonable grounds for suspecting that the search will turn up evidence that the student has violated or is violating either the law or the rules of the school.”  The way the search is conducted should be “reasonably related to the objectives of the search and not excessively intrusive in light of the age and sex of the student and the nature of the infraction.”

 

 

 

2.

Search of a Locker, Desk, and Other Storage Area

 

A.

Lockers, desks, and other storage areas provided by the school system for use by students are the property of the school system.  Such storage areas are provided for the temporary convenience of students only.  The Board of Education authorizes the administration and/or law enforcement officials to search lockers and other school property available for use by students if there are reasonable grounds at the inception of the search for suspecting that the search will reveal evidence that the student has violated or is violating either the law or the rules of the school.  Moreover, the scope of the search shall be reasonably related to the objectives of the search and shall not be excessively intrusive in light of the age and sex of the student and the nature of the infraction.

 

B.

If the school administration reasonably suspects that a pupil is not maintaining a locker or other storage area assigned to him/her in a sanitary condition, or that the storage area contains items the possession of which is illegal or in violation of school regulations or that endangers the health, safety, or welfare of the students or others, it has the right to open and examine the storage area and to seize any such items that are found.

 

C.

When required by law and otherwise at the option of the building Principal, items that have been seized shall be submitted to the Police Department for proper disposition.  Items not submitted to the Police Department shall be disposed of as directed by the building Principal.

 

 

 

3.

The decision to search shall be made by the Principal, the Assistant Principal, or the administrative designee.  The search shall be made in the presence of at least one witness.  Discovery of illegal or dangerous materials shall be reported to the Office of the Superintendent.

 

Legal References:

  Connecticut General Statutes

     - Section 10-221, Boards of Education Prescribe to Rules

     - Section 54-33n, Searches

 

 

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

 

 

Adopted:

28

June

1999