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HCPSS / POLICIES

Policy 9260 – Student Search and Seizure

The purpose of this policy is to provide guidelines related to the school system’s authority to safely conduct searches of a student and the student’s possessions, and to provide uniform procedures for the administration of such searches.

Policy Document

Implementation Procedures

I. Policy Value Statement

The Board of Education of Howard County is committed to providing a safe and supportive learning environment, free from dangerous or illegal items and those items that constitute a violation of Board policy. In order to ensure safety and security practices consistently across the Howard County Public School System (HCPSS), the Board authorizes statutorily designated employees to conduct reasonable searches of a student and of the student’s possessions on school property or during any school-sponsored activity in accordance with Maryland law and this policy. The Board expects that every effort is made to conduct searches and seizures of a student’s possessions in a manner which will minimize disruption to the normal school routine, minimize embarrassment to students affected, and respect students’ rights.

II. Purpose

The purpose of this policy is to provide guidelines related to the school system’s authority to safely conduct searches of a student and the student’s possessions, and to provide uniform procedures for the administration of such searches.

III. Standards

  1. The authority of Authorized Searchers to search a student or a student’s possessions applies to all students when on school property or at school-related activities for the purpose of preserving order and safety in the schools.

  2. Authorized Searchers will conduct the search in accordance with the constitutional, statutory, and other legal rights of the student.

  3. An Authorized Searcher must have reasonable belief in order to search a student.

  4. The search of a student must be reasonable both at its inception and in its scope.

    1. The reasonableness of a search depends upon the degree of certainty that a student has violated an HCPSS policy or the law and the extent to which the student’s expectation of privacy will be infringed by the search. Factors to be considered in determining the reasonableness of a search include:

      1. Seriousness of the problem necessitating the search;

      2. Need to make the search without delay;

      3. Probative value and reliability of the information used to justify the search; and

      4. Type of search to be conducted.

    2. The measures taken by Authorized Searchers must be reasonably related to the objective of the search and not excessively intrusive when taking into account the nature of the infraction.

  5. Prior to conducting a search of a student or a student’s possessions, the principal or principal’s designee will attempt to contact the student’s parent. Parent contact may take place following the search of a student or a student’s possession when there is a need for an immediate search that, if delayed, would jeopardize the safety of students and staff. The principal or principal’s designee will explain the reason for a search and will inform the parent of any administrative action pending or being applied.

    The purpose of the contact is to inform the parent of the administrative search, and not a request for consent to search.

  6. A search of a student or a student’s possessions will be made in the presence of a third party who is an HCPSS employee, parent, or school resource officer (SRO).

  7. Administrators will inform students of the provisions of this policy within the first ten school days of each school year.

  8. Students are protected by the Fourth Amendment against unreasonable search and seizure of students and their possessions by HCPSS employees.

IV. Responsibilities

  1. The Superintendent/designee will facilitate training for all school administrators annually, within the first 60 school days, on the provisions and implementation of this policy, which includes cell phone searches.

  2. School administrators will ensure that employees review this policy annually.

  3. The Superintendent/designee will ensure that students and parents are provided annual notice of the authority of Authorized Searchers to search students.

  4. Authorized Searchers may search a student if the Authorized Searcher has reasonable belief that the student has in the student’s possessions an item, the possession or use of which is a criminal offense under the laws of Maryland, or a violation of any other state law or any policy or regulation of the HCPSS.

V. Delegation of Authority

The Superintendent is authorized to develop procedures for the implementation of this policy.

VI. Definitions

Within the context of this policy, the following definitions apply:

  1. Authorized Searcher – An HCPSS employee with the authority to search.

    1. Principal or assistant principal (or the person serving in the position of principal or assistant principal in the absence of the principal or assistant principal).

    2. Security Assistant under the direction of the principal or assistant principal.

    3. Teacher on a school-sponsored trip who has been designated in writing as an Authorized Searcher by the principal.

  2. Parent – Any one of the following, recognized as the adult(s) legally responsible for the student:

    1. Biological Parent – A natural parent whose parental rights have not been terminated.

    2. Adoptive Parent – A person who has legally adopted the student and whose parental rights have not been terminated.

    3. Custodian – A person or an agency appointed by the court as the legal custodian of the student and granted parental rights and responsibilities.

    4. Guardian – A person who has been placed by the court in charge of the affairs of the student and granted parental rights and responsibilities.

    5. Caregiver – An adult resident of Howard County who exercises care, custody, or control over the student but who is neither the biological parent nor legal guardian, as long as the person satisfies the requirements of the Education Article, §7-101(c) (Informal Kinship Care) or has been issued a U.S. Department of Health and Human Service’s Office of Refugee Resettlement (ORR) Verification of Release form entering into a custodial arrangement with the federal government.

    6. Foster Parent – An adult approved to care for a child who has been placed in the home by a state agency or a licensed child placement agency as provided by the Family Law Article, §5-507.

  3. Personal Technology Device – Any non-HCPSS device that may be used to send or receive data via voice, video or text. This includes, but is not limited to, cell phones, e-readers, tablets, personal computers, wearable technology, video recorders or other devices equipped with microphones, speakers and/or cameras.

  4. Probative Value – Evidence that serves the purpose of proving or disproving, a particular fact in the case.

  5. Reasonable Belief – The standard used for authorized school personnel to conduct a search of a student. Searches must be based on a belief that the student possesses an item, the possession of which is a criminal offense under the laws of Maryland or a violation of any other law or HCPSS policy or the HCPSS Student Code of Conduct.

  6. School Property – Any property owned or leased by the HCPSS or used by the HCPSS for school-related activities. The concept of property extends to school activities such as travel, use of parks and recreation facilities, proms at hotels, etc. Bus stops and facilities scheduled by the school system for student use are considered an extension of school property. Examples of school property include, but are not limited to, desks, cubbies, HCPSS technology devices, lockers, and the school parking lot.

  7. School-Related Activity – Any HCPSS activity, whether held on or off school property, in which a student directly participates (e.g., travel, athletic event, or class/graduation activity), or in which the student does not directly participate but represents the school or student body simply by attending (e.g., spectator at a school event).

  8. Student Possession – Any item in the possession or under the control of a student, including, but not limited to, athletic bags, backpacks, personal technology devices, lunch boxes, purses, wallets, or vehicles on school property or a school-sponsored activity.

VII. References

A. Legal

  • U.S. Constitution, Fourth Amendment, Search and Seizure

  • Md. Ann. Code, Education Article, Section 7-308 (Searches of Students and Schools)

  • COMAR 13A.08.01.14, Searches

B. Board Policies

C. Relevant Data Sources

  • Maryland State Department of Education (MSDE) Discipline Summary Reports

D. Other

  • HCPSS Student Code of Conduct

  • School Resource Officer (SRO) Memorandum of Understanding

VIII. History

ADOPTED: May 11, 2006

REVIEWED: December 19, 2019

MODIFIED:

REVISED:

  • June 12, 2014

  • May 12, 2022

EFFECTIVE: July 1, 2022

Policy History Key

  • Adopted-Original date the Board took action to approve a policy
  • Reviewed-The date the status of a policy was assessed by the Superintendent’s Standing Policy Group
  • Modified-The date the Board took action to alter a policy that based on the recommendation of the Superintendent/designee did not require a comprehensive examination
  • Revised-The date the Board took action on a that policy based on the recommendation of the Superintendent/designee needed a comprehensive examination
  • Effective-The date a policy is implemented throughout the HCPSS, typically July 1 following Board action.