Interrogations and Searches
In order to enhance security in
the schools and prevent students from violating board policies, school rules,
and state law, the district authorizes school officials to conduct reasonable
searches according to the procedures outlined herein. In conducting such
searches, school officials will make every effort to protect the privacy interests
of individuals. The district will post notices on school property at all
regular entrances and any other access point on school grounds. This notice
will advise individuals that searches may be conducted as outlined in this
administrative rule. If a properly conducted search turns up evidence that a
Board policy, school rule or state law has been violated, the district will
take appropriate disciplinary action. In cases where the evidence suggests a
violation of state law, school officials also will notify law enforcement.
Searches of a Person or a Person's Personal Belongings
Procedures for searching a person or a person’s personal belongings must comply
fully with the "reasonableness standard" as adopted by the U.S.
Supreme Court in the case of New Jersey v. T.L.O. and as set forth in South
Carolina law. This standard requires that a search must be "justified at
its inception" and "reasonable in scope." "Justified at its
inception" means that a school official must have reasonable grounds for
suspecting that a search will turn up evidence that the student has violated or
is violating Board policies, school rules or state law. "Reasonable in
scope" means that the actual search conducted must be likely to turn up
evidence of the specific violation. In addition, the search must take into
consideration the age and sex of the individual being searched and the nature
of the infraction. Another administrator or certified staff member, who is the
same sex as the student being searched, should be present during a search. Only
administrators shall have the authority to conduct searches of a person or a
person’s personal belongings pursuant to this policy. Any administrator who
conducts a search must be of the same sex as the person being searched. In
accordance with state law, strip searches are forbidden by the Georgetown
County School District. The District defines a strip search as requiring a
student, except in extreme situations where there is imminent danger, to remove
and/or lower any article of clothing which would reveal the student’s
undergarment(s), or any other type of intrusive search which reasonably would
be considered embarrassing. Asking a student to remove shoes and socks, as well
as outer garments, will not be considered a strip search.
The district provides lockers, desks, and other such school property to
students for their use during the academic year. Because the district retains
ownership of the aforementioned property, school officials may conduct random,
unannounced searches of such property. School officials will notify students at
the beginning of each school year that such property may be randomly searched
at any time.
Searches of Vehicles on School Property
Students are permitted
to park on school premises as a matter of privilege. Accordingly, all students
desiring to park their vehicles on school premises must first obtain a parking
permit from a designated school administrator. In order to obtain a parking
permit, the student must sign a form acknowledging that he/she understands and
agrees to the terms regarding the use of parking lots set forth in this
administrative rule. Vehicles which do not have a permit in plain view are
subject to being towed at the student’s expense. Because parking on school
premises is a privilege, the school retains the authority to conduct routine
searches of the exterior of vehicles parked on school property. In conducting a
search of the exterior of a vehicle, school officials may observe those things
inside vehicles which are in plain view. The district may search the interiors
of student vehicles, including such things as trunks, glove compartments and
personal belongings within a vehicle, whenever a school official has reason to
believe a student is violating Board policies, school rules or state law, as
described in the "reasonableness standard" set forth in this
administrative rule. When a school official needs to gain access to the
interior of a vehicle parked on school premises for purposes of conducting a
search in compliance with the "reasonableness standard," he/she will
first ask the student to provide such access. If a student refuses to provide
the school official with access to the interior of his/her vehicle, he/she will
be subject to appropriate disciplinary action, including loss of all parking
privileges.
Searches By Canines
The use of a trained canine to search
for controlled substances in schools shall be on a random, unannounced basis.
From time to time during the school year or at the request of the school
principal or his/her designee, a trained canine with its handler may go onto
the school premises to sniff lockers, desks and the exterior of vehicles. At no
time will a trained canine be used to search a person for controlled
substances. The use of trained canines to conduct searches may occur during the
regular school year, as well as during summer school. A qualified and
authorized handler will accompany the canine and will be responsible for the
dog’s actions. Should the dog alert its handler to the presence of any
controlled substance, school officials would then have a reasonable basis to
conduct a search of the item alerted on, as well as to conduct a search of
those persons who own, are currently using, or are associated with the item in
accordance with the procedures set forth in this administrative rule. The
school may enforce disciplinary sanctions based on any contraband found.