jih_student_searches_and_their_property
Differences
This shows you the differences between two versions of the page.
| Both sides previous revision Previous revision | |||
|
jih_student_searches_and_their_property [2019/12/11 20:54] wiki |
jih_student_searches_and_their_property [2022/08/03 20:40] (current) wiki |
||
|---|---|---|---|
| Line 7: | Line 7: | ||
| Establishing reasonable grounds. The following review of the basis for search should occur before conducting a search: | Establishing reasonable grounds. The following review of the basis for search should occur before conducting a search: | ||
| - | 1. Identify: | + | * Identify: |
| - | - the student's suspicious conduct, behavior, or activity; | + | * the student's suspicious conduct, behavior, or activity. |
| - | - the source of the information; and | + | * the source of the information. |
| - | - the reliability of the source of information. | + | * the reliability of the source of information. |
| - | 2. If suspicion could be confirmed, would such conduct be a violation of the law or school rules? | + | * If suspicion could be confirmed, would such conduct be a violation of the law or school rules? |
| + | * Is the student likely to possess or have concealed any item, material or substance, which is, it self prohibited or which would be evidence of a violation of the law or school rule? | ||
| - | 3. Is the student likely to possess or have concealed any item, material or substance, which is, it self prohibited or which would be evidence of a violation of the law or school rule? | + | **Conducting the Search**\\ |
| + | If the principal, or his/her designee determines that reasonable grounds exist to search a student's clothing, personal effects, desk, locker, assigned storage area or automobile, the search shall be conducted as follows: | ||
| - | Conducting the search. If the principal, or his/her designee determines that reasonable grounds exist to search a student's clothing, personal effects, desk, locker, assigned storage area or automobile, the search shall be conducted as follows: | + | * If evidence of criminal activity is suspected to be present, and prosecution by civil authorities will be recommended if confirmed by the search, consult law enforcement officials regarding the appropriateness of a search by a law enforcement officer. |
| - | + | * If evidence of violation of a school rule is suspected, and if that is confirmed by the search, the matter will be handled solely as a student discipline action. The principal or designee will proceed to search by asking the student to remove all items from pocket(s), purse(s), handbags, backpacks, gym bags, etc. | |
| - | - If evidence of criminal activity is suspected to be present, and prosecution by civil authorities will be recommended if confirmed by the search, consult law enforcement officials regarding the appropriateness of a search by a law enforcement officer. | + | * If the student refused to cooperate in a personal search, the student should be held until the student's parents or guardian is available to consent to the search. If a parent or guardian cannot be reached in a reasonable time, the principal may conduct the search without the student's consent. |
| - | - If evidence of violation of a school rule is suspected, and if that is confirmed by the search, the matter will be handled solely as a student discipline action. The principal or designee will proceed to search by asking the student to remove all items from pocket(s), purse(s), handbags, backpacks, gym bags, etc. | + | |
| - | - If the student refused to cooperate in a personal search, the student should be held until the student's parents or guardian is available to consent to the search. If a parent or guardian cannot be reached in a reasonable time, the principal may conduct the search without the student's consent. | + | |
| - | + | ||
| - | **Locker Searches** | + | |
| + | **Locker Searches**\\ | ||
| Lockers, desks, and storage areas are the property of the school district. When assigned a locker, desk or storage area, a student shall be responsible for its proper care. A student may be subject to a fine for any willful damage to school property. Students are encouraged to keep their assigned lockers closed and locked. | Lockers, desks, and storage areas are the property of the school district. When assigned a locker, desk or storage area, a student shall be responsible for its proper care. A student may be subject to a fine for any willful damage to school property. Students are encouraged to keep their assigned lockers closed and locked. | ||
| Line 36: | Line 35: | ||
| During a search of all student lockers, if the school official conducting the search discovers any container within the locker, which may conceal contraband, the container may be searched according to the district procedures governing searches of students and their property. A "container" for the purpose of this policy may include, but is not limited to: an article of clothing, a handbag, purse, backpack, gym bag, or any other item within which contraband material may be concealed. | During a search of all student lockers, if the school official conducting the search discovers any container within the locker, which may conceal contraband, the container may be searched according to the district procedures governing searches of students and their property. A "container" for the purpose of this policy may include, but is not limited to: an article of clothing, a handbag, purse, backpack, gym bag, or any other item within which contraband material may be concealed. | ||
| - | **Legal References:** | + | **Legal References:**\\ |
| //NH Constitution, Pt.1, Art.19\\ | //NH Constitution, Pt.1, Art.19\\ | ||
| State v. Drake, 139 NH 662 (1995)\\ | State v. Drake, 139 NH 662 (1995)\\ | ||
jih_student_searches_and_their_property.1576094099.txt.gz · Last modified: 2019/12/11 20:54 by wiki
Page Tools
Except where otherwise noted, content on this wiki is licensed under the following license: CC Attribution-Share Alike 4.0 International
