FILE: JCAB
STUDENT SEARCHES
SEARCHES
The Catahoula Parish School Board is the exclusive owner of any public school building and any desk or locker utilized by any student contained therein or any other area that may be set aside for the personal use of the students. Any teacher, principal, administrator, or school security guard employed by the School Board, having a reasonable belief that any public school building, desk, locker, area or grounds of any public school contains any weapons, illegal drugs, alcoholic beverages, nitrate based inhalants, stolen goods, or other items the possession of which is prohibited by any law, School Board policy, or school rule, may search such building, desk, locker, area or grounds of said public school. The acceptance and use of locker facilities or the parking of privately owned vehicles on school campuses by students shall constitute consent by the student to the search of such locker facilities or vehicles by authorized school personnel.
Emergency situations may necessitate a search with or without the student's knowledge or consent. Whenever possible, the student should be aware of and involved in a search of such property so assigned. In the absence of the student, a second party will witness any search.
No actions taken pursuant to this policy by any teacher, principal, administrator, or school security guard employed by the School Board shall be taken maliciously or with willful and deliberate intent to harass, embarrass or intimidate any student.
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, cataloged, 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 Board.
If any teacher, principal, administrator, or school security guard 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 guard 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 guard employed by the School Board, as stated above, there is a specific finding that the action of the teacher, principal, administrator, or school security guard 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 guard in the event a judgement 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 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.
SEARCHES OF AUTOMOBILES
Any automobile parked on School Board property by a student may also be searched at any time by school officials who have articulable facts which lead them reasonably to believe that items in violation of state law, School Board policy or school rule 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.
Ref: U.S. Constitution, Amend. IV
U.S. Constitution, Amend. XIV, Sec. 1
La. Rev. Stat. Ann. ยงยง17:416, 17:416.3
Moore v. Student Affairs Committee of Troy State University, 284 F. Supp. 725 (M.D. Ala. 1970)
New Jersey v. T.L.O., 469 U.S. 325, 105 S.Ct. 733
Catahoula Parish School Board