Michigan - Student Searches: Program Requirements

Area: 
Program Requirement
Policy Type: 
Regulation
Summary: 

State law authorizes districts to adopt policies or rules addressing search and seizure that include comprehensive student protections.

Michigan Compiled Laws 380.1306 School lockers; no presumption of privacy; search policy; assistance of law enforcement agency; model policy; admissibility of evidence

(1)  A pupil who uses a locker that is the property of a school district, local act school district, intermediate school district, or public school academy is presumed to have no expectation of privacy in that locker or that locker’s contents.

(2)  If the board of a school district, local act school district, or intermediate school district or board of directors of a public school academy operates a school that has pupil lockers, then not later than 180 days after the effective date of this section the board or board of directors shall adopt a policy on searches of pupils’ lockers and locker contents. This policy shall provide that, in the course of a search conducted pursuant to the policy, the privacy rights of the pupil shall be respected regarding any items that are not illegal or against school policy. The board or board of directors shall provide a copy of this policy to each pupil at a school that has lockers and to the parent or legal guardian of each of those pupils. The board or board of directors shall also provide a copy of the policy to the department upon request by the department.

(3)  A public school principal or his or her designee may search a pupil’s locker and the locker’s contents at any time in accordance with the policy under subsection (2).

(4)  A law enforcement agency having jurisdiction over the school may assist school personnel in conducting a search of a pupil’s locker and the locker’s contents if that assistance is at the request of the school principal or his or her designee and the search is conducted in accordance with the policy under subsection (2).

(5)  Not later than 90 days after the effective date of this section, the superintendent of public instruction shall develop and make available a model policy on searches of pupils’ lockers and locker contents that may be adopted for the purposes of this section.

(6)  Any evidence obtained as a result of a search of a pupil’s locker or locker’s contents shall not be inadmissible in any court or administrative proceedings because the search violated this section, violated the policy under subsection (2), or because no policy was adopted.

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