4320 -STUDENT SEARCHES
To maintain order and discipline in the schools and to protect the safety and welfare of students and school personnel, school authorities may search a student, student lockers, or student automobiles under the circumstances outlined below and may seize any illegal, unauthorized, stolen, or contraband materials discovered in the search.
As used in this policy, the term "unauthorized" means "any item dangerous to the health or safety of students or school personnel or disruption of any lawful function, mission, or process of the school or school system, or any item described as unauthorized in school rules available beforehand to the student."
A student's failure to permit searches and seizures as provided for in this policy will be grounds for disciplinary action.
4320.1 Personal Searches
A student's person and/or personal effects (e.g., purse, bookbag may be searched whenever a school authority has reasonable suspicion to believe the student is in possession of illegal, stolen, or unauthorized materials.
If a pat-down search of a student's person is conducted, it will be conducted in private by a school official of the same sex and with an adult witness of the same sex present. If the school official has reasonable suspicion to believe the student has on his or her person an item imminently dangerous to the student or to anyone else, a more intrusive search of the student's person may be conducted. Such a search may only be conducted in private by a school official of the same sex with an adult witness of the same sex present and only upon the prior approval of the Superintendent or his designee, unless the health or safety of students will be endangered by the delay which might be caused by following these procedures.
4320.2 Locker Searches
Student lockers are school property and remain at all times under the control of the school; however, students are expected to assume full responsibility for the security of their lockers. Periodic general inspections of lockers may be conducted by school authorities for any reason at any time without notice, without student consent, and without a search warrant.
Each student may rent locks. Should it be necessary to enter a locked locker, local school administrators are authorized to break a lock if no key or combination is readily available.
4320.3 Automobile Searches
If a student parks on school property, the school retains authority to conduct routine patrols of student parking lots and inspection of the exteriors of student automobiles on school property. The interiors of student vehicles may be inspected whenever a school authority has reasonable suspicion to believe that illegal or unauthorized materials are contained inside. Such patrols and inspections may be conducted without notice, without student consent, and without a search warrant.
4320.4 Metal Detectors
A hand-held or walk-through metal detector may be used to check a student's person or personal effects whenever a school authority has reasonable suspicion to believe that the student is in possession of an illegal or unauthorized metal-containing object.
If a hand-held metal detector check of a student's person is conducted, it will be conducted in private by a school official of the same sex and with an adult witness present, if feasible.
Metal detector checks may be conducted without reasonable suspicion on students as a group if there is evidence that a general problem with weapons in the schools exists, and the metal detector checks are conducted in a minimally-intrusive, non-discriminatory manner (e.g., on all students or every third student entering the building) in accordance with a procedure developed by the Superintendent.
Metal detector checks that are conducted without reasonable suspicion may not be used to single out a particular student or category of students
(e.g., students residing in a high crime zone).
4320.5 School Computers
School computers and any data they contain remain under control of the school and are subject to inspection at any time.
Legal Reference: G.S. 115C-36; U.S. Const. Amend. IV.
Adopted Effective: July 1, 1999
