Board of Education Policy 5330: Searches and Interrogations

The Board of Education authorizes the Building Principals or their designees to conduct searches of pupils and their possessions for illegal matter or matter which otherwise constitutes a threat to the health, safety, welfare or morals of pupils attending our schools.

In authorizing such searches, the Board acknowledges existing state and federal constitutional rights and declares that such searches shall not be conducted unless founded upon reasonable suspicion.

Pupils shall be informed by the administration that school lockers are not their private property but the property of the school district and that as such may be opened and subject to inspection by school officials.

Any search which requires a pupil to remove clothing, may be conducted only upon the existence of probable cause as determined following a review of the facts by the School Attorney or the Superintendent of Schools in the absence of the School Attorney. Searches of outer coats or jackets are permitted when founded upon reasonable suspicion.

The Superintendent shall establish regulations regarding personal searches of students in accordance with this policy and the law. When police investigations involve the school, district staff are to cooperate with the police and shall endeavor to contact parents in order that the parents may be represented, if they so desire.

Ref: N.J. v. TLO, 105 S.Ct. 733
People v. Overton, 24 N.Y. 2d 522
People v. Scott D., 34 N.Y. 2d 483
People v. Ronald B., 61 A.D. 2d 204

Adopted: February 26, 1996