FILE:  JCABA

Cf:  JCAB

 

SEARCHES-STUDENT'S PERSON

 

 

The St. John the Baptist Parish School Board authorizes the principal or designee to conduct the search of a student’s person (body search), either by a search with a metal detector, or as described below, when the teacher, administrator or security guard has probable cause to suspect that the student possesses an item which may pose a danger to the student(s) or to the welfare of the student body.  The above shall be with the knowledge, and under the supervision, of the principal or designee.

 

While the St. John the Baptist Parish School Board is deeply concerned that all constitutional rights are recognized and observed by all school personnel, the School Board enforces that students shall not use the school as a sanctuary from the law, a place within which to create disruptions, or a setting which endangers the welfare and safety of others.

 

All teachers or administrative personnel who have probable cause that a student is in possession of weapons, illegal drugs, or stolen property shall be authorized to request that the principal search the person of said student under the following conditions:

 

  1. Such a search shall be conducted in a manner that is reasonably related to the purpose of the search and not excessively intrusive in the light of the age or sex of the student and the nature of the suspected offense.

  2. The initial body search shall be a pat down or frisk.

  3. If after the pat down or frisk the principal/designee still has probable cause that a student is in possession of weapons or illegal drugs, he/she shall be authorized to request the student to change clothing to gym clothing in full view of the person(s) conducting the body search.  Any search of a student’s person shall be done privately by the principal/designee or central office administrator, of the same sex as the student to be searched.  At least one witness (employee) who is also of the same sex as said student shall be present throughout the search.  Detailed documentation shall be made of all searches.

  4. Any such action shall neither willfully nor deliberately be intended to embarrass, harass, or intimidate the student.

  5. Any evidence seized as a result of a search may be used in criminal or juvenile court prosecution and school disciplinary actions.

 

A record of the search shall be made.  One copy shall be filed by the principal.  One copy shall be sent to the Superintendent.  The student(s) shall be given a receipt for all items impounded.  All confiscated items shall be kept by the principal or Supervisor of Child Welfare and Attendance in a locked and secure place and be marked for identification by the custodian.  Said items may be turned over to the Sheriff’s office.

 

Random searches with a metal detector of a student or his/her personal effects may be conducted at any time, provided they are conducted without deliberate touching of the student.  In the event that the conductor of the search finds that there is probable cause that the student has a weapon or illegal drugs, the search may proceed according to the above steps with approval of the principal.

 

NOTE:  Parent(s)/guardian(s) shall be notified whenever a student is searched for drugs weapons or  alcohol.

 

Revised:  December, 1991

Revised:  June, 2003

Revised:  April 20, 2023

 

 

Ref:    U.S. Constitution, Amend. IV

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

La. Rev. Stat. Ann. §17:416.3

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

Board minutes, 4-20-23

 

St. John the Baptist Parish School Board