7330 - Searches and Interrogations
|Policy: Searches and Interrogations||Policy Number: 7330|
|Date of Original Policy: 07/10/2002||Date Revision Adopted: 10/14/2020|
|Reviewed by Policy Committee: 09/16/2020||Date of Next Review: 02/24/2023|
|Replacement of Policy Number:|
Students are protected by the Constitution from unreasonable searches and seizures. A student may be searched and contraband seized on school grounds or in a school building by a School District employee only when the School District employee has reasonable suspicion to believe the student is engaging in proscribed activity which is in violation of school rules or illegal.
Factors to be considered in determining whether reasonable suspicion exists to search a student include:
a) The age of the student
b) The student’s record and past history
c) The predominance and seriousness of the problem in the school where the search is directed
d) The urgency to conduct the search without delay
If reasonable suspicion exists to believe that a student possesses a weapon, it is permissible for a School District employee to search that student
Lockers are provided by the school for student use and the administration has the right to search lockers. A student may have exclusive use of a locker as far as other students are concerned but he or she does not have such exclusivity over the locker as it relates to the school authorities.
Questioning of Students by School Officials
School officials have the right to question students regarding any violations of school rules or illegal activity. In general, Administration may conduct investigations concerning reports of misconduct which may include, but are not limited to, questioning students, staff, parents/guardians, or other individuals as may be appropriate and, when necessary, determining disciplinary action in accordance with applicable due process rights.
Should the questioning of students by school officials focus on the actions of one particular student, the student will be questioned, if possible, in private by the appropriate school administrator. The student’s parent / guardian may be contacted; the degree, if any, of parental/guardian involvement will vary depending upon the nature and the reason for questioning, and the necessity for further action which may occur as a result.
The questioning of students by school officials does not preclude subsequent questions/interrogations by police authorities as otherwise permitted by law. Similarly, the questioning of students by school officials does not negate the right/responsibility of school officials to contact appropriate law enforcement agencies, as may be necessary, with regard to such statements given by students to school officials.
School officials acting alone and on their own authority, without the involvement of or on behalf of law enforcement officials (at least until after the questioning of students by school authorities has been conducted)are not required to give the so-called “Miranda warnings” (i.e advising a person, prior to any custodial interrogations as defined in law, of the right to remain silent; that any statement made by the individual may be used as evidence against him or her; and that the individual has the right to the presence of an attorney, either retained or appointed) prior to the questions of students.
If deemed appropriate and necessary, the Superintendent or their designee may also review the circumstances with School District legal counsel so as to address concerns and the course of action, if any, which may pertain to or result from the questioning of students by school officials.
Law Enforcement Officials
It shall be the policy of the Jordan-Elbridge Central School District that a cooperative effort shall be maintained between the school administration and law enforcement agencies. Law enforcement officials may be summoned in order to conduct an investigation of alleged criminal conduct on school premises or during a school sponsored activity, or to maintain the educational environment. They may also be summoned for the purpose of maintaining or restoring order when the presence of such officers is necessary to prevent injury to persons or property. Administrators have the responsibility and the authority to determine when the assistance of law enforcement officers is necessary within their respective jurisdictions. The School District’s administrators shall at all times act in a manner that protect and guarantees the rights of students and parents.
Interrogation of Students by Law Enforcement Officials
If police are involved in the questioning of students on school premises, whether or not at the request of school authorities, it will be in accordance with applicable law and due process rights afforded students. Generally, police authorities may only interview students on school premises without the permission of the parent/guardian in situations where a warrant has been issued for the student’s arrest (or removal). Police authorities may also question student s for investigations of crimes committed on school property. Generally, in all other situations, if the police wish to speak to a student without a warrant, they should take the matter up directly with the student’s parents/guardians.
Whenever police wish to question a student on school premises, administration will attempt to notify the student’s parent /guardian. If possible, questioning of a student by police should take place in private and in the presence of the Building principal or their designee.
Family Court Act Section 1024
Education Law Sections 1709(2) and (33) and 2801
8 New York Code of Rules and Regulations (NYCRR) Section 100.2(1)