Student Handbook
2007-2008
SEARCH OF STUDENTS
According to School Laws of Oklahoma, the superintendent or principal of any public school in the State of Oklahoma, or any teacher or security personnel, shall have the authority to detain and authorize the search of any pupil or pupils on any school premises or while in transit under the authority of the school, or any function sponsored or authorized by the school, for dangerous weapons or controlled dangerous substances, as defined in the Uniform Controlled Dangerous Substances Act and hereinafter referred to as controlled dangerous substances that might be in their possession including the authority to authorize any other person they deem necessary to restrain such pupil or pupils or to preserve any dangerous weapons or controlled dangerous substances. The Board of Education believes that all students should be free from unreasonable search and seizure by school officials. However, it shall be the policy of the board that the superintendent, principal, teacher and security personnel shall have the authority to search a student and a student's property when there is reasonable suspicion for such searches. The superintendent is instructed to establish a regulation for board approval which supports this policy.
SEARCH OF STUDENTS (REGULATION)
In accordance with the policy of the board of education, searches of students shall be conducted under the following circumstances: The superintendent, principal, teacher, or security personnel of this school (authorized personnel) may detain and search any student or students on the premises of the public schools, or while attending, or while in transit to, any event or function sponsored or authorized by the school only under the following conditions:
1. When any authorized person has reasonable suspicion that the student may have on the student's person or property alcohol, dangerous weapons, electronic paging devices, controlled dangerous substances as defined by law, stolen property if the property in question is reasonably suspected to have been taken from a student, a school employee, or the school during school activities, or any other items which have been or may reasonably be disruptive of school operations or in violation of student discipline rules.
2. School lockers and school desks are the property of the school, not the student. The users of lockers, desks, and other storage areas or compartments have no reasonable expectation of privacy from school employees as to the contents of those areas. Lockers, desks, and other storage areas or compartments may be subjected to searches at any time with or without reasonable suspicion. Students are not to use any school area or property to contain any item that should not be at school. Students shall not exchange lockers or desks or use any lockers or desks other than those assigned to them by the principal.
3. Authorized personnel may search a student whenever the student consents to such a search. However, consent obtained through threats or coercion is not considered to be freely and voluntarily given.
4. Authorized personnel conducting a search shall have authority to detain the student or students and to preserve any contraband seized.
5. Any searches of students as outlined herein will be conducted by an authorized person who is the same sex as the person being searched and shall be witnessed by at least one other authorized person who is of the same sex as the person being searched.
6. Strip searches are forbidden. No clothing except cold weather outer garments will be removed before or during a search except in accordance with a properly authorized search warrant.
7. Items that may be seized during a lawful search - in addition to those mentioned in paragraph 1 above - shall include, but not be limited to, any item, object instrument, or material commonly recognized as unlawful or prohibited. For example: prescription or non-prescription medicines, switchblade knives, brass knuckles, billy clubs, and pornographic literature are commonly recognizable as unlawful or prohibited items. Such items, or any other items which may pose a threat to a student, the student body, or other school personnel, shall be seized, identified as to ownership if possible, and held for release to proper authority.
8. Any student found to be in possession of dangerous weapons, controlled dangerous substances, or other unlawful or prohibited items may be suspended by principal for a period not to exceed the current school semester and the succeeding semester. such suspension may be in addition to any civil or criminal liability.
9. A student suspended as a result of this regulation may appeal the suspension to the superintendent and board of education.
10. Drug dogs will come through the schools periodically. The dogs will search both the school and parking lots. Vehicles in which drugs are found will be subject to legal seizure by the police. REFERENCE: 70 O.S. 24-102. I understand the consequences of my child having illegal substances located in their lockers at school. I understand that any vehicle in the school parking lot may be seized by the police if it is found to have illegal substances within it.