FILE: JCAB
STUDENT SEARCHES
For purpose of deterring the use of alcohol, drugs and contraband in the school system, the Vermilion Parish School Board may use the services of a drug-detecting dog and/or metal detectors whose use shall be in accordance with the policy outlined below:
Searches of Student’s Persons, Desks, Lockers, and Other Areas
The parish and city school systems of the state are the exclusive owners of all public school buildings and all desks and lockers within the building assigned to any student and any other area of any public school buildings or grounds set aside specifically for the personal use of the students. Any teacher, principal, school security guard, or administrator in any parish or city school system of the state may search any building, desk, locker, area, or grounds for evidence that the law, a school rule, or parish or city school board policy has been violated.
The teacher, principal, school security guard, or administrator may search the person of a student or his personal effects when, based on the attendant circumstances at the time of the search, there are reasonable grounds to suspect that the search will reveal evidence that the student has violated the law, a school rule, or a school board policy. Such a search shall be conducted in a manner that is reasonably related to the purpose of the search and not excessively intrusive in light of the age or sex of the student and the nature of the suspected offense.
Search of Persons Entering Public School Buildings or Grounds
Notwithstanding any other provision of law to the contrary, any school principal, administrator, or school security guard may search the person, handbag, briefcase, purse, or other object in possession of any person who is not a student enrolled at the school, or a school employee while in any school building or on school grounds either by conducting a random search with a metal detector or when there is reasonable suspicion that such person has any weapons, illegal drugs, alcohol, stolen goods, or other materials or objects the possession of which is a violation of the parish or city school board’s policy.
Random Searches
The dog will be used to make random searches of the following areas: 1) classroom facilities, 2) school lockers, 3) automobiles, 4) school buses, 5) school equipment, 6) bathroom facilities, 7) any and all other school facilities, 8) books, and 9) school-related supplies carried and used by students.
When reasonable belief exists, the dog may be used to search student’s clothing and personal objects when these are separated from the student. At no time shall a student be asked to strip nude for purpose of a random search.
Random searches on school campuses shall be conducted according to a schedule agreed upon by the principal and the responsible law enforcement officer in charge of this program.
The use of the dog at any particular school campus shall be unannounced. The law enforcement official in charge of the operation shall, however, report to the principal’s office, properly identify himself, and state his purpose prior to any use of the dog on campus.
The principal, or his designee, shall accompany the search team at any time the search is being conducted within the school campus for which he is responsible.
Procedure When Alcohol, Drugs or Contraband is Discovered During Search
Search of School Property
If the dog alerts on a school locker or other property belonging to the school board, such property shall be searched.
Search of Property not Belonging to the School but Located on School Board Property
If alcohol, drugs or contraband is discovered, it will be confiscated, and the student’s parents will be notified. Any offender will be disciplined by school personnel in accordance with policy JCDAB, Student Alcohol and Drug Use and file JCAB “Search and Seizure”.
Searches with Metal Detectors
La. Rev. Stat. Ann. §14:95.2 prohibits the possession or carrying of weapons (firearms, knives or other implements or instrumentalities which can be used as weapons) on school board property or at school–sponsored activities. In light of the rise of such incidences and in furtherance of the law, and in order to provide a safer environment for student and employees, the Vermilion Parish School Board authorizes searches with a hand-held or stationary metal detector of school board property, of students, employees, and non-employees, and of any bags, parcels, containers, etc., that any person brings on the school board property or to school-sponsored activities as provisions set forth in La. Rev. Stat. Ann. §§17:416.3 and 17:416.6. Activation of the metal detector shall authorize the conduct of a search of the subject’s person by authorized school personnel, in the manner described in section E below. The nature and extent of a search shall not go beyond what is necessary to allow authorized personnel to discharge their responsibilities in this area.
IMPLEMENTATION
Notification:
Annual Written Notification: At the start of each school year, parents and students shall receive written notification of the school district’s policy to conduct, in the manner specified here and below, unannounced searches of students and non-employees on school board property and at school-sponsored events throughout the remainder of that school year. Once said notices have been disseminated, these unannounced search procedures shall be implemented on a district-wide basis.
Posted Notices: Signs shall be posted outside entrances to school board facilities, on school buses and at entrances to school-sponsored events to serve as notice to students and non-employees that they are subject to a search with a metal detector or by other means authorized by this policy, as a condition of entry, and that by the fact of their entry they shall be deemed to have freely and voluntarily consented to such search of their persons and/or possessions, for weapons and prohibited telecommunication devices.
Refusal to Cooperate with the Search
Refusal by non-employees to cooperate fully with a search shall result in their removal from school board property or school-sponsored activities.
Students entering school board property or school-sponsored activities who refuse to cooperate fully with a search shall be denied entry to school board property and shall be removed from school-sponsored activities.
Students on school board property (e.g., P. E. areas, classrooms, cafeteria, etc.) who refuse to cooperate fully with a search will be suspended for “disrespect for authority/willful disobedience,” as provided for in policy JCD, Student Conduct, JDD, Suspension, and JDE, Expulsion.
Supervision: Searches will be initiated by authorized school personnel. However, the police shall be notified if a subject is found to be in possession of contraband (such as weapon, illegal drug, or other prohibited objects), as required by law.
Selection: Prior to the conduct of any search, authorized school personnel shall determine the method of selecting subjects to be used for the search in question. Once determined, the selection procedure shall be consistently applied throughout the conduct of that particular search. Selection criteria may vary from one search to another.
Search Procedures
Metal Detectors: Random searches with a metal detector of students or their personal effects may be conducted at any time, provided they are conducted without deliberate touching of students. When metal detectors are used, selected subjects shall be asked to remove all metal objects from their pockets and place the items on a designated tray or surface, along with any bags, parcels or other containers being carried. If the detector activated on a subject, the authorized school official conducting the search shall request that any remaining metal objects be removed. The subject shall be searched with the metal detector once again. If the detector no longer activates, the search shall be concluded (Reference F-1 and F-2).
Personal Searches: Should the metal detector continue to activate, the subject shall be searched by authorized school personnel of the same sex in the presence of at least one other responsible adult. The personal search shall be conducted only in the area of the body which activated the metal detector. The object causing the metal detector to activate shall be removed and the individual searched with the metal detector again. The search shall continue until the metal detector ceases to activate on the subject’s person.
Disposition of Subject’s Property
Return of Property: All property removed from a subject that is not prohibited by board policy, local, state and federal law, or school rules, shall be returned to the subject upon completion of the search. Non-illegal contraband shall be returned to the parent/guardian of the student within the first two weeks after the end of the school year. The parent/guardian shall be responsible for making arrangements with the principal to retrieve the item(s). If the item(s) is not so retrieved, the principal shall convey the item(s) to a charitable entity, unless the item(s) has no practical value, in which case the principal shall dispose of the item(s).
Discovery of Contraband: Should a subject be found to be in possession of contraband (such as weapons, illegal drugs, or other prohibited objects), the person conducting the search shall notify the school principal/designee, who shall in turn notify the local police, or the appropriate law enforcement agency (if not present for the search). The law enforcement agent shall take custody of all weapons, other prohibited objects, and illegal drugs.
BREATHALYZER SCREENING:
The following policy has been adopted by the Vermilion Parish School Board to insure a safe and trouble-free event. This policy shall apply to all high school proms, homecoming dances and Sadie Hawkins dances.
All students and escorts entering a school building or the premises where any school-sponsored prom, homecoming dance, or Sadie Hawkins dance is held shall be required to take an alcohol breath test by use of a portable breath alcohol tester. The test will be given by a school administrators/designee. If a student/escort tests positive, then the parent or guardian will be contacted by a school administrator/designee, and the student/escort will be detained until release to the parent or guardian. The student/escort may request a retest. In that event, the tester shall re-administer the test no sooner than ten minutes after the first test was given.
If the student/escort has tested positive and the parent or guardian cannot be reached, a school administrator/designee will detain the student at school (or location where the event is taking place) until arrangements can be made to get the student home safely.
If a student/escort refuses to take any breath test as provided by this Policy, he or she will not be admitted to the event and the student’s/escort parents will be contacted and requested to take the student/escort home. The student/escort shall be detained until release to the parent or guardian.
There is always the possibility that a student/escort may consume alcohol after passing the initial breathalyzer screening. If school personnel observe behavior indicating a student may have consumed alcohol, such as slurred speech, unsteady gait, impaired motor control, flushed face, smell of intoxicating liquor on breath, clothing or person, vomiting, or unruly behavior, or other reasonable indicators, designated school personnel may administer the active breathalyzer test. If the student/escort tests positive on the active breathalyzer, the student’s/escort parent or guardian will be contacted, and the student/escort will be detained until release to the parent or guardian.
Students are reminded that they are responsible for their guest and that their guests are subject to all rules.
If a student tests positive, the student’s escort will be not be admitted to the function.
Pursuant to a majority vote of the members of the Vermilion Parish Schools Principals’ Association, this policy may be applied, uniformly throughout the parish, to other school or school-related events.
Adopted: September 15, 2016
Revised: July 21, 2022
Ref: U.S. Constitution, Amend. IV
U.S. Constitution, Amend. XIV, Sec. 1
La. Rev. Stat. Ann. §§14:95.2, 17:239, 17:416, 17:416.3, 17:416.6
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 9-15-16, 7-21-22
Vermilion Parish School Board