| | | | | | | | THE SCHOOL DISTRICT
OF PHILADELPHIA | No. 226 | | SECTION: 200 Pupils | | TITLE: 226 Searches | | ADOPTED: April 27, 1981 | | REVISED: February 15, 2018 |
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| | | | | | | | Purpose
The Board of Education (“Board”) School Reform Commission is committed to maintaining School District of Philadelphia (“District”) schools as safe, secure, and welcoming places for students, staff, and parents. The Board is also committed to the goal of providing schools with the means to maintain a safe climate for all students and staff in a manner which reasonably balances limited intrusions on individual freedoms against the vital public interest in preserving an atmosphere conducive to education in our schools. The purpose of this policy is to establish a transparent and standardized search process. This process aims to improve student security while promoting each student’s dignity and minimizing negative effects of the search process. acknowledges the need to respect the rights of students to be free from unreasonable searches and seizures while fulfilling the District’s interest in protecting and preserving the health, safety, and welfare of the school population, enforcing rules of conduct, and maintaining an appropriate atmosphere conducive to learning. |
| | | | | | | | Authority
The Pennsylvania School Code and Department of Education Regulations require the Board to adopt a reasonable policy regarding student searches. [1][2]
School officials have the authority to lawfully search students or their belongings, including lockers, automobiles, electronic devices, purses, backpacks, clothing, and other possessions, without a warrant, when in school, on school grounds, or when otherwise under school supervision, if there is a reasonable suspicion that the place or thing to be searched contains prohibited contraband,; material that would pose a threat to the health, safety, and welfare of the school population,; or evidence that there has been a violation of the law, Board SRC policy, or school rules. The scope and extent of searches must be reasonable in relation to the nature of the suspected evidence, contraband, or dangerous material and to the grounds for suspecting that it may be found in the place or thing being searched. [1][2][3][4]. A reasonable search requires an articulable basis of facts and cannot be retaliatory, discriminatory, or capricious.
When school officials have reasonable suspicion to believe that a student’s electronic device contains material of a sexual nature, school officials shall not search those electronic devices for the material, but instead shall confiscate the electronic device, must notify the authorities to investigate the incident, and maintain the electronic device securely under lock and key until returned to the student or submitted to the authorities.
The District has a compelling interest in protecting and preserving the health, safety, and welfare of the school population, which under certain circumstances may warrant general or random searches of students and their lockers, vehicles, or other belongings without individualized suspicion, or prior warning, for the purpose of finding or preventing entry onto school property of controlled substances, as defined by Policy 227 - Controlled Substances/Paraphernalia; weapons, as defined by Policy 218.1 - Weapons; or other dangerous materials. [4][5][6][7] This includes the right to conduct general point of entry searches. |
| | | | | | | | Delegation of Responsibility
The Board directs the Superintendent or their designee, through the Office of School Safety, to develop administrative procedures establishing a standardized search process that is rooted in an approach that considers the unique factors related to adolescent development and includes a deep understanding and cultural awareness of the identity, values, and needs of our students.
The SRC Board delegates authority to the Superintendent or designee to authorizes the administration to conduct searches of students or their belongings, including, but not limited to, lockers, automobiles, electronic devices, purses, backpacks, clothing, and other possessions in accordance with applicable law and Board policies. the standards set forth in this policy and administrative procedures. Any search procedure which would result in a school employee reaching under a person's clothing to come into contact with the person’s bare skin or undergarments or expose a person's bare skin or undergarments in the area above the knees and below the neck is forbidden.
The Superintendent or designee, in consultation with the Office of General Counsel, shall develop guidelines and administrative procedures to implement this policy, and shall ensure that school staff All employees or contractors who are involved in carrying out searches or determining when searches will be conducted shall receive appropriate periodic training about such procedures and currently applicable legal standards. [2]
Students, parents/guardians, and staff shall be notified at least annually, or more often if deemed appropriate by administration, about the standards and procedures in effect pursuant to this policy and administrative procedures.
When school officials have reasonable suspicion to believe that a student’s electronic device contains material of a sexual nature, school officials shall not search those electronic devices for the material, but instead shall confiscate the electronic device, notify the authorities to investigate the incident, and maintain the electronic device securely under lock and key until returned to the student or submitted to the authorities. |
| | | | | | | | Mandatory Regulatory Procedures:
Students, parents/guardians, and staff shall be notified at least annually, or more often if deemed appropriate by administration, about the standards and procedures in effect pursuant to this policy and administrative procedures. [2] |
| | | | | | | | | Administrative Procedures: |
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