FILE:  JCAB

Cf:  JCDAC, JCDAE

 

INTERROGATIONS AND SEARCHES

 

 

INTERROGATIONS

 

Students under the supervision of Beauregard Parish School Board personnel during the school day or during school approved extra-curricular activities are entitled to have their rights protected by School Board personnel with respect to reasonable interrogations or detainment by law enforcement officials.  Therefore:

 

  1. When law enforcement officials demand to interrogate or detain a student during the school day or while the student is participating in a school approved extra-curricular activity, the school principal or principal's designee will make a reasonable effort to contact the parent or guardian having custody of the child to inform them of the activity.

  2. If the parent or guardian cannot be contacted after a reasonable effort has been made, the school principal or principal's designee will be present during interrogation or detainment when permissible or possible.

  3. If a situation requires the immediate removal of a student from campus by law enforcement officials to insure the safety of the student or other students, the principal or principal's designee shall immediately notify the student's parent or guardian.

 

SEARCHES

 

The Beauregard Parish School Board is the exclusive owner of all public school buildings and all desks and all lockers within the building assigned to any student and any other area of any public school building or grounds set aside specifically for the personal use of students attending public school in Beauregard Parish.  This is so, even if students are allowed to purchase locks for their lockers.  In the event that these purchases are made, students are notified that either a master key and/or a master combination list of all locks will be retained by the principal or the principal's designee.  Consequently, students shall not have an expectation of privacy in these areas.

 

Any teacher, school security monitor, principal or administrator employed by the Beauregard Parish School Board may search, either physically or with a metal detector, any building, desk, locker, area or grounds for weapons, illegal drugs, alcohol, stolen goods, or other materials or objects, the possession of which is a violation of state law, School Board policy, or a school rule when the person has reasonable belief that the item or proof of its presence will be found.

 

  1. The search of a school object such as a desk, locker, building or similar articles shall be reasonable if:

 

  1. There is justification before the search begins

  2. The scope and intensity of the search was reasonably related to the circumstances requiring the search.

 

  1. Under ordinary circumstances, a search of a building, desk, locker, area or grounds by a teacher or school official will be justified at its inception when there are reasonable grounds for suspecting that a search will turn up evidence that a student has violated or is violating either a state, parish, or municipal law or a rule/regulation of the Beauregard Parish School Board.

 

Any automobile parked on School Board property by a student may also be searched at any time by school officials, including teachers or school security monitors, who have reasonable belief that weapons, illegal or controlled drugs, or other illegal, harmful, or prohibited items are contained therein.  If the automobile is locked, the student shall unlock the vehicle.  If the student refuses to unlock the vehicle, proper law enforcement authorities shall be summoned and the student shall be subject to disciplinary action.

 

Whenever any search is conducted pursuant to this policy, a written record shall be made thereof by the person(s) conducting the search and shall include the names(s) of the person(s) involved, the circumstances leading to the search and the results of the search.  This written and signed record shall be filed and maintained in the principal's office.  If it becomes necessary to obtain a search warrant in order to search a student or his property, then the following procedures shall apply:

 

  1. Obtain a search warrant and allow law enforcement officials to conduct the search.

  2. Obtain another teacher, principal or administrator as a witness before the search is made.

  3. Give the student a receipt for any material detained and keep a duplicate for school records.

 

Nothing in the above should be construed as preventing the teacher, school security monitor, principal, or administrator from taking immediate action to take whatever reasonable steps necessary to safeguard the health and welfare of all students.

 

Searches of the Person of a Student

 

Any teacher, principal, administrator, or school security monitor employed by the School Board may search the person of a student or his/her personal effects when based on the attendant circumstances at the time of the search, there are reasonable grounds to suspect that the search will reveal evidence that the student has violated the law, School Board policy, or a school rule.  Such a search shall be conducted in a manner that is reasonably related to the purpose of the search and the nature of the suspected offense.

 

Such factors to be considered in determining the manner in which searches may be conducted are:

 

  1. Age and sex of student

  2. Behavior record of student

  3. Need for search

  4. Purpose of search

  5. Type of search

  6. Reliability of the information used to conduct search

  7. The relative importance of making the search without delay

  8. Nature and severity of problem in overall school environment

 

Random searches with a metal detector of a student or his/her personal effects may be conducted at any time, provided such searches are conducted without deliberate touching of the student.  The following guidelines shall be followed when a search of a student's person is being conducted:

 

  1. Prior to conducting any search, the teacher concerned shall make a reasonable effort to request the principal or the principal's designee to review the facts of the case and express his/her opinion as to whether or not there are reasonable grounds for the search.

  2. If feasible, searches of a student’s purse should be conducted by at least two (2) teachers lawfully employed by Beauregard Parish School Board after step #1 has been completed.

  3. A search of student's person shall be conducted by a lawfully employed teacher or security monitor of the Beauregard Parish School Board of the same sex as the student and preferably in the presence of another similarly situated teacher.  Strip searches are specifically prohibited.

  4. Following a search of a student's person, a written report shall be placed on file in the principal's office.  The report shall contain:

 

  1. the names of persons participating in the search.

  2. the reasons why the teacher(s) believed that (she/he) they had probable cause.

  3. identification and quantities of any items confiscated.

  4. the specific location from which the items were confiscated.

  5. time and place of the search.

 

  1. Contraband items confiscated during a search will form part of the basis for an appropriate disciplinary process.  The facts and circumstances of the case shall form the remainder of the basis with which the administrator is to base his/her decision(s).

 

Upon proper school personnel confiscating any firearm, bomb, knife, or other implement which could be used as a weapon, or any controlled dangerous substance, the principal or designee shall report the confiscation to the appropriate law enforcement officials.  Any implement or material confiscated shall be retained, catalogued, and secured by the principal so as to prevent the destruction, alteration, or disappearance until such time as the implement or material is given to law enforcement personnel for disposal.  Any principal or designee failing to report any prohibited weapon or confiscated material or implement to law enforcement personnel or failing to properly secure any weapon or confiscated material or implement shall be subject to appropriate disciplinary action as may be determined by the Superintendent and/or School Board.

 

If any teacher, principal, administrator, or school security monitor employed by the School Board should be sued for damages by any student, the parent of such student or by any other person on behalf of such student, based upon a search conducted in compliance with this policy, the School Board shall provide such teacher, principal, administrator, or school security monitor with a legal defense thereto, including reasonable attorney's fees, investigative costs and other related expenses.  In such suit, the School Board shall indemnify him/her fully against said judgment including principal, interest and costs.

 

If in any suit brought against any teacher, principal, administrator, or school security monitor employed by the School Board, as stated above, there is a specific finding that the action of the teacher, principal, administrator, or school security monitor was malicious and willfully and deliberately intended to harass, embarrass or intimidate the student, the School Board shall not indemnify such teacher, principal, administrator, or school security monitor in the event a judgment for damages shall be rendered against him/her.  Whenever any search is conducted pursuant to this policy, a written record shall be made thereof by at least two (2) adult employees of the School Board who conducted the search and shall include names of the persons involved, the circumstances leading to the search and the results of the search.

 

Adopted:  January 3, 1983 Revised:  January, 1993
Revised:  May 9, 1988 Revised:  May 11, 1994
Revised:  January, 1992 Revised:  July 9, 1998
Revised:  March 12, 1992 Revised:  September 13, 2018

 

 

Ref:    U.S. Constitution, Amend. IV

U.S. Constitution, Amend. XIV, Sec. 1

La. Rev. Stat. Ann. §§17:416, 17:416.3

Moore v. Student Affairs Committee of Troy State University, 284 F.Supp. 725 (M.D. Ala. 1970)

State v. Stein, 203 Kan. 638 456 P.2d (1969)

New Jersey v. T.L.O., 469 U.S. 325, 105 S. Ct. 733

Louisiana Handbook for School Administrators, Bulletin 741, Louisiana Department of Education

Board minutes, 1-3-83, 5-9-88, 3-12-92, 5-11-95, 7-9-98, 9-13-18

 

Beauregard Parish School Board