Wautoma Area School District
Approved 05/27/92
Revised 07/25/02
In the interest of maintaining order and discipline in the schools and to protect the safety and welfare of the students and school district personnel, school authorities may conduct personal searches or searches of student locker/storage areas and seize any unauthorized, illegal, or contraband materials discovered in the search.
For purposes of this policy, “school authority” shall be defined as district administrator, building principal, assistant principals, a police-school liaison officer, law enforcement official, fire department personnel, or a school employee designated by the district administrator.
As used in this policy, the term “unauthorized” means any item dangerous to the health or safety of students or school personnel, or disruptive of any lawful function, mission, or process of the school, or any item described as unauthorized in school rules available beforehand to the student.
A student’s failure to permit searches and seizures as provided in this policy will be considered grounds for disciplinary action.
A. Personal Searches
1. A student’s person and/or personal effects (e.g. purse, bookbag, etc.) may be searched whenever a school authority has reasonable suspicion to believe that the student is in possession of illegal or unauthorized materials. An adult witness shall be present.
2. If a pat down search of a student’s person is conducted, it will be conducted in private by a school authority of the same gender and with an adult witness present.
3. If the school authority has reasonable suspicion to believe that the student has on his/her person an item imminently dangerous to the student or to others, a more intrusive search of the student’s person may be conducted. Such a search may only be conducted in private by a school authority of the same gender with an adult witness of the same gender present, and only upon the prior approval of the district administrator or his/her designee, unless the health and safety of the student(s) shall be endangered by the delay that might be caused by following these procedures.
4. Any unauthorized item found on a student’s person and/or personal effect may be removed. Items removed may be held by the school for return to the parent/guardian of the student or retained for disciplinary proceedings, or turned over to law enforcement officials. The adult student or parent/legal guardian of a minor student shall be notified of items removed from the student’s person and/or personal effects and turned over to law enforcement officials.
B. Locker/Storage Area Searches
1. The school provides a locker/storage area for convenience of the student to be used solely and exclusively for the storage of outer garments, footwear, and school-related materials.
No student shall use the locker/storage area for any other purpose.
Legal Reference: Wisconsin State Statute §118.257, 118.32, 118.325, 120.12(1), 120.13
Cross Reference: Policy 446 Attachment-Documentation Report, 443.3-Tobacco Use by Students, 443.4-Student Alcohol and Other Drug Use, 443.5-Electronic Paging and Communication Devices, 443.6-
Student Use of Life Endangering Device; 443.8-Gang Related Behavior
2. The locker/storage area assigned to a student is the property of the Wautoma Area School District. At no time does the District relinquish its exclusive control of such lockers/storage areas.
3. A locker/storage area may be searched as determined necessary or appropriate without notice, without student consent, and without a search warrant by school authorities.
4. Any unauthorized item found in the locker/storage area may be removed. Items removed from the locker/storage area may be held by the school for return to the parent/guardian of the student or retained for disciplinary proceedings, or turned over to law enforcement officials. The adult student or parent/legal guardian of a minor student shall be notified of items removed from the locker and turned over to law enforcement officials.
5. The Wautoma Area School District does not assume responsibility for the loss, damage, or destruction of any property stored in the student lockers/storage areas.
C. Documentation
Any search by school authorities must be documented. Such documentation shall contain the following information:
1. Person or locker/storage area searched.
2. Reason for the search.
3. Information relied on.
4. List of items found.
5. List of items seized.
6. Disposition of matter.
7. Signature of person conducting search.
8. Signature of witness.
9. Date of search.
D. Retention of Materials
Any items that are seized during a search by school authorities should be safeguarded until the appropriate authorities have made a determination for the disposition of said items.
E. The District shall include a copy of this policy in the student handbook that is distributed annually to each student enrolled in the District.
