Status | Adopted |
Original Adopted Date | 08/10/2020 |
Last Revised Date | |
Last Reviewed Date | 08/10/2020 |
The primary purpose of this procedure is to protect the safety and health of the district's staff and students by discouraging and detecting the presence of illegal drugs and controlled substances on district property. The district reserves the right to use trained dogs to conduct surveys for detecting prohibited items.
Control of Operation
The district will work in cooperation with law enforcement entities that provide appropriately trained drug-detection dogs. The district will maintain control and direction of the scope of the operation.
Scope of Operation
1. As deemed necessary by district administrators, drug-detection dogs may be used to survey all district grounds, buildings and any other physical structure on district property.
2. Prior to beginning the survey, the district shall obtain from the law enforcement entity documentation that the handler and dog are properly trained. The district will retain a copy of the documentation.
3. The superintendent or designee will be responsible for selecting the locations to be surveyed and scheduling the surveys.
4. At no time will a drug-detection dog be used to physically sniff students, and appropriate precautions shall be used to ensure the drug-detection dog does not come into direct contact with any students during an arranged survey. The survey will not target any person.
Procedure for Conducting Drug-Detection Dog Survey
1. The district will make a video recording of the drug-detection dog survey and retain a copy of the recording.
2. Students will not be present in the area or room while the drug-detection dog is working. All students shall depart the general area to be surveyed prior to the drug-detection dog entering. District staff shall be present to record the survey.
3. When an area is surveyed, any students present shall leave all personal items in the area including, but not limited to, smartphones and other electronic devices, backpacks, gym bags, book bags, purses and similar items. After the students have left the general area, the handler and dog shall enter and conduct the survey.
4. The handler will mark any item a drug-detection dog alerts to during a survey.
5. The handler and drug-detection dog will leave the building after the survey is complete, and students and staff will then be permitted to return.
Procedure Following the Drug-Detection Dog Survey
At no time during the drug-detection dog survey will a student's belongings be subject to a search by law enforcement or school administrators. However, a drug-detection dog alert will create reasonable suspicion for district administrators to search the student's property after the survey in accordance with policy JFG, Searches of Students. The procedures for conducting such searches follow.
Search of Personal Items
1. District administrators will confiscate any item identified by a drug-detection dog and marked by the handler.
2. District administrators will then contact the student who owns or was last in possession of the item and conduct a search of the item in front of them.
3. If drugs or contraband are found, the district administrator will contact the student's parents/guardians, and the student shall be subject to discipline according to district policy. The district will retain the results of the search in the student's record.
4. Prohibited items, such as controlled substances, drug paraphernalia and firearms, will be tagged for identification and turned over to the proper authorities.
Search of Student Vehicles
The following procedure will be used if the drug-detection dog alerts on a student's vehicle:
1. A district administrator will locate the driver of the vehicle.
2. The driver will be present for the search.
3. If the vehicle is locked and the student refuses to unlock it, the district administrator will make a report to local law enforcement for further action.
Note: The reader is encouraged to review policies and/or forms for related information in this administrative area.
Burlisonv. Springfield Pub. Schs., 708 F3d 1034 (2013) Federal
New Jersey vs. T.L.O., 469 U.S. 325 (1985) U.S. Const. amend. IV U.S. Constitution
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