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POLICY AND PROCEDURES
Subject: Police Relations
Classification: Search & Seizure Evidence of Violations or Infractions
Date Issued: January, 2000
Policy Number: 109.8
Issued by: Office For School Safety
Supersedes: January, 1993
Review Before: As needed
I. INDIVIDUAL SEARCHES
A. Reasonable Suspicion
2. the individual who is the subject of the search participated in the infraction or violation, and
3. evidence of the infraction or violation, or proceeds there from, is in the possession of the student in the location to be searched.
1. Strip Search
a. any procedure that would expose a pupilís bare skin or undergarments in the areas above the knees and below the neck;
b. any procedure that would result in a school employee reaching under a pupilís clothing to come into contact with the pupilís bare skin or undergarments as previously described in this section.
c. the following examples do not fall within the definition of a strip search:
(1) removal of an outer coat, sweater or jacket,
(2) the loosening of a belt or sash.
(3) removal of shoes or below the knee socks.
- Every pupil is to sign Form H-33, Studentís Locker Record, when assigned a locker, and/or
- Every pupil is to be given a copy of the current student handbook which sets out the policies that are presented below.
(2) no contraband (drugs, alcohol, weapons, cigarettes or proceeds from criminal conduct) is to be kept in any school locker or other assigned storage area (including desks, lab, gym, or shop compartments).
(3) the locker is loaned to you only and is not to be shared with other students or outsiders (unless you have permission from the locker committee). Be sure your locker is locked when you leave it.
(4) the school administration reserves the right to inspect lockers, desks and other storage areas and their contents to protect the health, safety and general welfare of everyone in the school community.
(5) money or other valuables should not be left in school lockers, desks or storage areas. Neither the school nor the School District of Philadelphia is responsible for loss of property stored in your school locker or other storage compartments.
(2) It is further agreed by pupils that entry into lockers by the School District of Philadelphia is a lawful search, and any items found therein which are unlawful to possess, or which have been used contrary to any school rule or policy, may be confiscated.
e. Whenever the inspection of a pupil's locker is based on a reasonable suspicion that the contents may create an emergency, or pose a threat to the health, safety and welfare of persons in the school, the principal or other authorized school administrator may open the locker immediately.
f. Student shall be notified at the beginning of each school year that:
Desks are the property of the School District of Philadelphia. The School District of Philadelphia reserves the right to enter studentsí desks at all times, without the permission of the student(s) assigned to the desk.
Use of the storage portions of desks by students is with this implied agreement. It is further agreed by pupils that entry into desks by the School District of Philadelphia is a lawful search, and any items found therein which are unlawful to possess or which have been used contrary to school rule or policy, may be confiscated.
g. Questions and concerns regarding search and seizures are to be referred promptly to the Law Department.
- The information presented in this section must be reviewed periodically during the studentsí advisory periods.
II. ADMINISTRATIVE ENTRY SEARCHES
It is designed to deter violence and serious physical injury in schools by inhibiting the access of persons in possession of weapons and/or other contraband into school facilities.
Any individual who enters a School District of Philadelphia facility or program is subject to an administrative entry search. An administrative entry search requires all persons subject to the search to be scanned with metal detectors and to have all packages (e.g. school books/bags, parcels, and handbag/purses) checked by an x-ray scanner prior to entering the building.
The search procedure may include all individuals entering a school building during the regular school day. The procedure will not be used to single out any particular individuals, or any profile for a search.
Any person who refuses to cooperate in the scanning process will be referred promptly to the principal or his/her designee for appropriate action.
Walk-through Metal Detectors and X-Ray Scanners will be used whenever available. In schools where such equipment is not available, or where such equipment is inoperable or inadequate to a particular occasion hand held wands may be used.
The following notices shall posted:
Refusal to cooperate with the search will result in the denial of entry or disciplinary action.
The principal or other authorized school administrator (e.g. Assistant Principal, Dean of Students.) is to be present to observe the scanning procedure. He or she will ensure the proper coordination of all scanning procedures and any follow-up activities which may be necessary.
4. Scanning Procedures
(2). Select an appropriate detection program.
(3). Set the sensitivity to detect your test object.
(4). Test the unit daily to verify
The team will be responsible for setting up the required equipment at the chosen scanning site including:
(2) Desks and Trays,
(3) Stanchions and Chairs,
(4) Receipts for Contraband, and
(5) Public Notices
d. Team members will be responsible for referring students and contraband to the Philadelphia Police when necessary.
e. At school facilities where administrative entry searches are conducted, access to the building may be limited to a single secured entrance.
(a). STUDENTS Ė will be directed to remove all metal object(s) on their person including; (keys, coins, batteries, electronic devices, gum wrappers, etc.), and place them inside of their school bag.
(b). ADULTS/VISITORS Ė will be asked to remove all metal object(s) from their person and place them in a tray that is provided for their convenience.
(2). All packages and parcels will be viewed by the "airport style" x-ray machine. Once the package or parcel is placed in the x-ray machine, the owner of the package will proceed through the metal detector.
(3). When a person walks through the metal detector and the alarm sounds, he/she shall be instructed to remove all metal objects from his/her person (belts, chains, page I cell phone, coins), and shall be instructed to walk through the archway again. If the alarm does not sound the articles which have been removed will be examined and the individual then allowed pass into the secure area.
(4). Persons should never be allowed to enter the secure area until they can walk through the metal detector without sounding the alarm or until some form of secondary search using a hand held metal detector can identify the item causing the alarm.
- If the hand held wand activates on a person and the source of the alarm is not apparent (i.e. jewelry, belt etc.) the School Police Officer conducting the scan will direct the individual to remove any remaining metal object(s) from their person and will conduct a second scan.
c. Manual searches will be conducted
in instances when an individual has activated the hand held wand. All searches
are conducted by School Police Officers in accordance with this policy.
d. Manual or frisk searches may only be conducted by persons of the same sex as the person to be searched.
e. All persons entering a school building, program, or bus, may be searched. However, when necessary (e.g. inclement weather, backlog of persons), the team supervisor may elect not to screen every person. In such cases, the supervisor will determine the number of persons to be screened using one or both of the following alternatives:
(2). allow a number of persons to enter without being screened; then resume screening all persons as noted above.
- Under no circumstances may school officials select a particular individual(s) to be searched, unless there is reasonable suspicion to believe that the individual(s) is in possession of a weapon or other contraband.
All property removed from an individual which is not prohibited by Board policy, District policy, or law must be returned to that individual upon completion of the search.