ERIC Number: ED162430
Record Type: Non-Journal
Publication Date: 1976-Nov
Reference Count: N/A
Search & Seizure in the Schools. A Model Policy and Rules.
Bartlett, Larry; And Others
The issue of search and seizure in the public schools is clouded by conflicting legal decisions. School policies and rules on the issue should be made only after considerable deliberation and community input. Because of the lack of clarity, this model of search and seizure policy and rules is intended only as a basis for consideration of the topic. In making search and seizure policies, a balance must be maintained between an individual student's rights and the school's responsibility to maintain an environment conducive to learning. The basis for protection from unreasonable searches and seizures is the Fourth Amendment to the Constitution. The importance of the school's responsibility for maintaining an environment conducive to learning is evident in recent Supreme Court decisions involving short-term suspension of students and corporal punishment. The search and seizure policy suggested here is a short general statement of district direction concerning the policy. Numerous rules are suggested that apply the policy to specific circumstances. This model attempts to distinguish among three types of searches: maintenance inspection of lockers; contraband search of lockers; and contraband search of students and their immediate possessions. (Author/JM)
Publication Type: N/A
Education Level: N/A
Authoring Institution: Iowa State Dept. of Public Instruction, Des Moines.
Identifiers - Laws, Policies, & Programs: Fourth Amendment