Search and Seizure
To maintain order and security in the schools, school authorities are authorized to conduct reasonable searches of school property and equipment, as well as of students and their personal effects. “School authorities” includes school liaison police officers. Only items relating to school use and personal items which a student may legally have in his/her possession and which are not in violation of the policy and/or regulations on student behavior may be placed in a locker.
School Property and Equipment as well as Personal Effects Left by Students
DAOES authorities may inspect and search school property and equipment owned or controlled by the system (such as lockers, desks, and parking lots), as well as personal effects left there by a student, without notice to or the consent of the student. Students have no reasonable expectation of privacy in these places or areas or in their personal effects left there. This paragraph applies to student vehicles parked on school property. In addition, the Director shall require each student, in return for the privilege of parking on school property, to consent in writing to school searches of his or her vehicle, and personal effects therein, without notice and without suspicion of wrongdoing.
The Director may request the assistance of law enforcement officials to conduct inspections and searches of lockers, desks, parking lots, and other school property and equipment for illegal drugs, weapons, or other illegal or dangerous substances or materials, including searches conducted through the use of specially trained dogs.
DAOES authorities may search a student and/or the student’s personal effects in the student’s possession (such as purses, wallets, knapsacks, book bags, lunch boxes, etc.) when there is a reasonable ground for suspecting that the search will produce evidence the particular student has violated or is violating either the law or the Technology Center of DuPage student conduct rules. The search itself must be conducted in a manner that is reasonably related to its objectives and not excessively intrusive in light of the student’s age and sex, and the nature of the infraction.
When feasible, the search should be conducted as follows:
- Outside the view of others, including students;
- In the presence of a school administrator or adult witness; and
- By a certificated employee or liaison police officer of the same sex as the student.
Immediately following a search, a written report shall be made by the school authority who conducted the search, and given to the Director.
Seizure of Property
If a search produces evidence that the student has violated or is violating either the law or the DAOES’ policies or rules, such evidence may be seized and impounded by school authorities, and disciplinary action may be taken. When appropriate, such evidence may be transferred to law enforcement authorities.
Notification Regarding Student Accounts or Profiles on Social Networking Websites
The Director or designee shall notify students and their parents/guardians of each of the following in accordance with the Right to Privacy in the School Setting Act, 105 ILCS 75/:
- School officials may not request or require a student or his or her parent/guardian to provide a password or other related account information to gain access to the student’s account or profile on a social networking website.
- School officials may conduct an investigation or require a student to cooperate in an investigation if there is specific information about activity on the student’s account on a social networking website that violates a school disciplinary rule or policy. In the course of an investigation, the student may be required to share the content that is reported in order to allow school officials to make a factual determination.
|LEGAL REF.:||105 ILCS 5/10-20.14, 5/10-22.6, and 5/10-22.10a.|
Right to Privacy in the School Setting Act, 105 ILCS 75/.
Cornfield v. Consolidated High School Dist. No. 230, 991 F.2d 1316 (7th Cir., 1993).
People v. Dilworth, 661 N.E.2d 310 (Ill., 1996), cert. denied, 116 S.Ct. 1692 (1996).
People v. Pruitt, 662 N.E. 2d 540 (Ill.App.1, 1996), app. denied, 667 N.E. 2d 1061 (Ill.App.1, 1996).
T.L.O. v. New Jersey, 105 S.Ct. 733 (1985).
Vernonia School Dist. 47J v. Acton, 115 S.Ct. 2386 (1995).
Safford Unified School Dist. No. 1 v. Redding, 129 S. Ct. 2633 (2009).
|CROSS REF.:||7:130 (Student Rights and Responsibilities), 7:150 (Agency and Police Interviews), 7:190 (Student Discipline)|
|ADOPTED:||January 21, 2016|