FILE: JCAB
STUDENT SEARCHES
The Bogalusa City 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 either physically or with the use of metal detectors 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. Students shall have no expectation of privacy in use of the lockers which have been assigned to them. The School Board reserves the right to inspect or search at any time lockers, desks, or any facilities, objects, or vehicles on the school campus, or other areas used by students. Any student not present during the search shall be informed of the search immediately thereafter.
Students and parents shall be notified in writing at the beginning of each school year of the School Board’s authority to conduct unannounced searches of students, lockers, automobiles, school employees, and any other person or object on School District property and at school sponsored events. Signs of high visibility informing the general public of the School Board's search authority shall be posted at entrances to all School Board buildings.
Upon any such violation, the student shall be automatically suspended and/or recommended for expulsion by school authorities, as appropriate. Investigative facts and/or seized items shall be immediately turned over to the proper law enforcement officials.
Whenever any search is conducted pursuant to this policy, as soon as is reasonably practical a written record shall be made thereof by the school administrator/designee conducting the search and such record shall include the name of the student and/or person(s) involved, the circumstances leading to the search and the results of the search. This written, dated and signed record shall be filed and maintained in the school administrator's office, and a copy of it shall be sent to the Superintendent within five (5) days. The student(s) and parent(s)/guardian(s) shall be given a written receipt for any item(s) seized and/or impounded by the school administrator/ designee.
No actions taken pursuant to this policy by any teacher, principal, administrator, or school security guard employed by the School District shall be taken maliciously or with willful and deliberate intent to harass, embarrass or intimidate any student.
SEARCH OF VEHICLES
The School Board shall require students who bring vehicles on campus to register those vehicles and to provide the school authorities with a consent to search of such vehicle signed by the student, parents and/or owner of the vehicle. Any vehicle parked on School Board property may be searched without consent at any time by a school administrator/designee when such school administrator/designee has articulable facts which lead the school administrator/designee to a reasonable belief that weapons, dangerous substances or elements, illegal drugs, alcohol, stolen goods, or other materials or objects the possession of which is a violation of law, School Board policy or school regulations will be found. Searches may also be conducted to assure compliance with health, safety, and/or security laws, rules, or regulations. Such searches shall be conducted in the presence of the student whenever possible.
If the automobile is locked, the student shall unlock the automobile. If the student refuses to unlock the automobile, proper law enforcement officials shall be summoned, and the student shall be subject to disciplinary action. Any student not present during the search shall be informed of the search immediately thereafter.
USE OF DRUG DETECTION DOGS
The Bogalusa City School Board shall authorize the use of trained drug detection dogs in assisting School Board authorized personnel in locating drugs on campuses and in vehicles on School Board property.
Drug Detection Team
The Drug Detection Team shall represent a joint effort between law enforcement agencies in the City of Bogalusa, Washington Parish, and the Bogalusa City School Board. These guidelines are to ensure the effectiveness of the program while safeguarding the rights of all concerned. The Drug Detection Team shall consist of the following personnel:
The Superintendent or his/her designee, who shall be in charge of the team.
A commissioned law enforcement officer with a trained drug detection dog.
The principal of the school where the search is being conducted, or his/her designee.
Such other school personnel as may be designated by the school principal.
Implementation of the Program
Demonstration to Bogalusa High School and Bogalusa Junior High School and the elementary school students regarding the effectiveness of the drug detection dogs each school year shall constitute the first phase of the program. During the demonstration, the possibility of arrest and conviction for narcotics violations shall be explained to the students.
Unannounced periodic checks of the schools by the Drug Detection Team shall constitute the second phase of the program.
Scheduling of Searches
Searches of school campuses shall be scheduled by the School Board Central Office in coordination with the school principal to ensure minimum interruption of scheduled activities at the school. The times and location of the searches will not be announced to any person other than the principal to ensure effectiveness of the program.
Searches may be requested by any member of the Drug Detection Team.
CONDUCTION OF SEARCH
Personnel Responsibilities
The representative from the School Board Central Office who shall be the Director of the team shall be responsible for all aspects of the search by the Drug Detection Team.
The commissioned law enforcement officer who is serving as the handler for the drug detection dog shall perform his/her duties under the general supervision of the director of the team.
The school principal or his/her designee shall perform the actual search for the suspected illegal drugs when the presence of such has been detected by the drug detection dog.
Procedure for Search and Seizure
When the drug detection dog “alerts” to the presence of drugs, the principal or his/her designee shall conduct a physical search of the locker, premises, or vehicle. Physical searches of students shall be conducted in accordance with School Board policy.
Any suspected illegal drugs discovered during the search shall be confiscated and turned over to the commissioned law enforcement officer for custody. A receipt for the suspected drugs, signed by the law enforcement officer, shall be given to the parents and/or guardians or to the adult offender and a copy of the receipt shall be given to the principal.
The commissioned law enforcement officer shall ensure that an appropriate report is made to the proper legal authorities.
The principal shall complete the required report and deliver to the Chairman of the School Substance Abuse Prevention Team for use in counseling the student and parents and/or guardians. The principal shall also advise the parents and/or guardians of the student from whom the suspected drugs were confiscated of the incident and informed that a report has been submitted to the School Substance Abuse Prevention Team.
CONFISCATION
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 proper 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. Parents shall be notified of any item impounded. Any principal or designee failing to report any prohibited weapon or confiscated material or implement to the proper law enforcement officials 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.
INDEMNIFICATION
Indemnification of any School Board employee who is sued for damages based on any act or omission in the directing of and disciplining of school children shall be made by the Bogalusa City School Board to the extent required by state law.
Revised: June 25, 2018
Ref: U.S. Constitution, Amend. IV
U.S. Constitution, Amend. XIV, Sec. 1
La. Rev. Stat. Ann. §§17:416, 17:416.3
State v. Stein, 203 Kan. 638 456 P.2d (1969)
Moore v. Student Affairs Committee of Troy State University, 284 F.Supp. 725 (M.D. Ala. 1970)
New Jersey v. T.L.O., 469 US 325, 105 S.Ct. 733
Louisiana Handbook for School Administrators, Bulletin 741, Louisiana Department of Education
Board minutes, 6-25-18
Bogalusa City School Board