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Committee narrows search‑and‑seizure policy to students, clarifies use of canines, wands and breathalyzers

2150625 · January 24, 2025
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Summary

The Lakeland District policy committee reviewed a draft search‑and‑seizure policy and agreed to narrow the language so it focuses on students while directing employee searches and workplace drug issues to existing staff policy.

The Lakeland District policy committee reviewed a draft search‑and‑seizure policy and agreed to narrow the language so it focuses on students while directing employee searches and workplace drug issues to existing staff policy.

Committee members told staff they want the student policy to state clearly that "students' constitutional rights, as applicable under the particular circumstances, will be protected," and to stop mixing student search language with employee drug‑free workplace provisions, which are already covered elsewhere in the district handbook and policy 5320.

Why it matters: Search‑and‑seizure rules govern when school authorities may inspect lockers, vehicles and personal items and whether the district may use specially trained canine units, wanding devices or breathalyzers. Clear rules affect student privacy, staff responsibilities, and legal exposure.

Key decisions and clarifications: Committee members agreed that buses are district property and should be included in the student search policy. They also accepted advice from counsel and administrators that a canine handler's alert can constitute reasonable suspicion: "An alert, which is determined by the canine's handler, constitutes reasonable suspicion," a staff member noted during the discussion.

The committee emphasized that canines must not be used to sniff a student and that searches of students should be conducted by staff of the student's gender "whenever practical." The group added that a second adult should be present for student searches when practical to protect both the student and the staff member conducting the search.

Wands and breathalyzers: Members discussed allowing non‑intrusive measures such as wands to check for contraband without physically searching a student. The discussion also covered breathalyzer use at major school events (for example, dances), where the district has long used breath‑screening as a deterrent and notified students and parents in advance. Committee members asked staff to ensure any such measures are included in the documented protocol and that parents and students are informed in advance.

Role of staff and law enforcement: Committee members agreed that teachers should not be expected to conduct searches; building administrators, trained district safety specialists, or school resource officers (SROs) should manage searches and request law enforcement assistance when needed. The group noted that SROs operate under different legal rules and generally do not switch to law‑enforcement authority until a crime is suspected.

Next steps: Staff will revise the draft to separate student search language from employee drug‑free workplace language, explicitly include buses and district events where appropriate, and add concise language on canine use and non‑intrusive tools such as wands and breathalyzers. The committee asked staff to include training and procedural guidance so that searches are conducted consistently and with minimal legal risk.

Ending: The committee asked staff to return a cleaned draft that places student search rules in the student policy, references employee procedures in the staff handbook and adds a clear, concise K‑9 and non‑intrusive tools protocol for board review.