FILE: JCABA

Cf: JCAB, JCABB, KM

SEARCHES OF STUDENT'S PERSON

The Livingston Parish School Board authorizes any teacher, principal, school security guard, or administrator under the employ of the School Board to search a student's person or his/her 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. Strip searches are specifically prohibited.

If a school administrator suspects the presence of firearms, weapons (defined as dangerous instrumentalities), illegal drugs, stolen goods, or other materials or objects the possession of which is a violation of parish School Board policy, 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 the student.

Any search of student's person shall be done privately by one of the persons above authorized and of the same sex as the student to be searched. At least one (1) witness who is a school administrator or teacher, also of the same sex as the student, shall be present during the search. Detailed documentation shall be made of all searches. Items which are specifically prohibited by law, School Board policy or school regulations shall be immediately seized. The school administrator/designee shall immediately contact the student's parent/guardian, appropriate law enforcement agency and the Superintendent.

Upon any such violations, the student(s) may be suspended or recommended for expulsion by the appropriate authorities, and investigative facts and/or seized items immediately turned over to the proper law enforcement officials, when appropriate. The school administrator/designee shall notify the appropriate school personnel of the suspension/expulsion within a reasonable time period.

Whenever any search is conducted pursuant to this policy, as soon as is reasonably practical, a written record shall be made thereof by the school administrator/designee conducting the search, and such record shall include the name of the student and/or person(s) involved, the circumstances leading to the search and the results of the search. This written, dated and signed record shall be maintained in the school administrator's office. The student and parent(s)/guardian(s) shall be given a written receipt for any items seized and/or impounded by the school administrator/designee.

INDEMNIFICATION

If any employee of the Livingston Parish School Board is sued for damages by any student, the parents of any student, or any other person qualified to bring suit on behalf of the student, based upon a search of that student's person, when the employee reasonably believed there was probable cause to believe that the student had any evidence of gang activity, weapons, dangerous substances or elements, illegal drugs, alcohol, stolen goods, or other materials or objects the possession of which is a violation of law, School Board policy or school regulations, on the student's person, or in the student's possession, it shall be the responsibility of this School Board to provide its employee named as a defendant with a legal defense, including reasonable attorney's fees, investigatory costs and other related expenses. If any such employee named as a defendant is cast in judgment for damages in the suit, it shall be the obligation of this School Board to indemnify him/her fully against such judgment, including all principal, interest and costs. The Livingston Parish School Board shall not indemnify an employee named as a defendant against a judgment wherein there is a specific finding that the action of the employee was maliciously, willfully, and deliberately intended to harass, embarrass, or intimidate the student.

Ref: U.S. Const. Amend. IV; U.S. Const. Amend. XIV; Moore v. Student Affairs Committee of Troy State University, 284 F.Supp. 725 (M.D. Ala. 1970); La. Rev. Stat. Ann. 17:416.3; Board minutes, 12-82, 11-83, 11-91, 11-92.