Category
Student Searches
Category
Student Searches
State law authorizes districts to adopt policies or rules addressing search and seizure without addressing student protections or requiring minimal protections only.
Louisiana Administrative Code 28 CXV 1317. Search and Seizure
A. Any teacher, principal, school security guard, or administrator may search any building, desk, locker, area, or school grounds for evidence that the law, a school rule, or parish or city school board policy has been violated.
B. The teacher, principal, school security guard, or administrator may search the person of a student or his personal effects when, based on the attendant circumstances at the time of the search, there are reasonable grounds to suspect that the search will reveal evidence that the student has violated the law, a school rule, or a school board policy. Such a search shall be conducted in a manner that is reasonably related to the purpose of the search and not excessively intrusive in light of the age or sex of the student and the nature of the suspected offense.
C. Each LEA shall adopt a policy to provide for reasonable search and seizure by teachers, by principals, and by other school administrators of a student's person, desk, locker, or other school areas for evidence that the law, a school rule, or an LEA policy has been violated.
D. Any such policy shall be in accordance with applicable law.
Louisiana Revised Statutes 17:416.3 Search of students' persons desks lockers other areas; defense of suits against school personnel; indemnification; reporting of implements seized
C. (1)(a) On or before January 1, 1995, each parish and city school board shall adopt a policy that is consistent with Subsection A of this Section to provide for reasonable search and seizure by public school teachers, principals, and other school administrators of students’ persons, desks, lockers, or other school areas for evidence that the law, a school rule, or a parish or city school board policy has been violated.
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(b) Such policy shall include at a minimum:
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(i) Specification of Standard regarding procedures for searching students to prevent excessive intrusion.
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(ii) Specification of Standard for retaining and securing confiscated implements and materials.
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(iii) Directions regarding the disposal of implements and materials reported to law enforcement authorities when such authorities notify the principal that the implements and materials need not be retained.
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(iv) Specification of disciplinary action when a principal or designated administrator violates any provision of this Section.