To maintain order and security in the schools, school authorities are authorized to conduct reasonable searches of school property and equipment, as well as of students and their personal effects. “School authorities” includes school liaison police officers.
School Property and Equipment as well as Personal Effects Left There by Students
School authorities may inspect and search school property and equipment owned or controlled by the school (such as lockers, desks, and parking lots), as well as personal effects left there by a student, without notice to or the consent of the student. Students have no reasonable expectation of privacy in these places or areas or in their personal effects left there.
The Superintendent or designee may request the assistance of law enforcement officials to conduct inspections and searches of lockers, desks, parking lots, and other school property and equipment for illegal drugs, weapons, or other illegal or dangerous substances or materials, including searches conducted through the use of specially trained dogs.
School authorities may search a student and/or the student’s personal effects in the student’s possession (such as purses, wallets, knapsacks, book bags, lunch boxes, etc.) when there is a reasonable ground for suspecting that the search will produce evidence the particular student has violated or is violating either the law or the District’s student conduct rules. The search itself must be conducted in a manner that is reasonably related to its objectives and not excessively intrusive in light of the student’s age and sex and the nature of the infraction. When feasible, the search should be conducted as follows:
outside the view of others, including students;
in the presence of a school administrator or adult witness; and
by a certificated employee or liaison police officer of the same sex as the student.
Immediately following a search, a written report shall be made by the school authority who conducted the search, and given to the Superintendent. The student’s parent(s)/guardian(s) shall be notified of the search as soon as possible.
Seizure of Property
If a search produces evidence that the student has violated or is violating either the law or the District’s policies or rules, such evidence may be seized and impounded by school authorities, and disciplinary action may be taken. When appropriate, such evidence may be transferred to law enforcement authorities.
Notification Regarding Student Accounts or Profiles on Social Networking Websites
State law requires the District to notify students and their parents/guardians that school officials may request or require a student or his or her parent/guardian to provide a password or other related account information to gain access to the student’s account or profile on a social networking website. This request may be made only if there is reasonable cause to believe that the student’s account contained evidence that he or she violated a school disciplinary rule or Board policy.\
LEGAL REF.: 105 ILCS 5/10-20.14, 5/10-22.6, and 5/10-22.10a.
Right to Privacy in the School Setting Act, 105 ILCS 75/.
Cornfield v. Consolidated High School Dist. No. 230, 991 F.2d 1316 (7th Cir. 1993).
People v. Dilworth, 661 N.E.2d 310 (Ill. 1996),cert. denied,116 S.Ct. 1692 (1996)
People v. Pruitt, 662 N.E. 2d 540 (Ill. App. 1, 1996), app. denied, 667 N.E. 2d 1061 (Ill.App.1,1996)
T.L.O. v. New Jersey, 105 S.Ct. 733 (1985).
Veronia School District 47J v. Acton, 115 S.Ct. 2385 (1995).
CROSS REF.: 7:130, 7:140, 7:140-R, 7:190
ADOPTED: October 4, 1999
REVISED: August 19, 2002; April 2010; June 26, 2014