The District shall use trained drug detection dogs to detect illegal drugs or contraband on school property. The purpose of the District's use of drug detection dogs is to respond to the problem of illegal drugs and contraband on school property, and to maintain a safe school environment conducive to learning.
II. Types of Searches
A. Search of Property. Drug detection dogs may be used to sniff the air in or around vacant classrooms, vacant common areas, student lockers, and automobiles parked on school property. If the dog alerts to a particular locker, car, and/or an object(s) in a vacant classroom or other vacant common areas, it may be searched. If the dog alerts to a student's car, the student will be asked to unlock the car doors and trunk for an internal inspection. If the student refuses to unlock the car or trunk, the student's parents or guardian shall be notified of the student's refusal.
B. Search of Students. Drug detection dogs will not be used for random sweep searches of students, and will only be allowed to sniff an individual student if there is sufficient cause to believe that the student possesses illegal drugs or other contraband. If sufficient cause exists and the drug detection dog alerts to a student suspected of having illegal drugs or contraband, the student's outer garments and/or purse or personal belongings shall be subject to search. If a pat search is necessary, it will be conducted by someone of the same sex as the suspected student.
III. Notice of Use of Sniffer Dogs
District students and their parents or guardian will be notified annually of the District's use of drug detection dogs. The notice will include the following information:
A. That the District may use drug detection dogs to detect illegal drugs and/or contraband at any time, announced or unannounced.
B. That lockers remain under the jurisdiction of the District, and that although lockers are used by students during the school year, lockers are owned by the District and are subject to a drug detection dog search at any time. That illegal objects or substances found in lockers may be seized.
C. That all cars parked on school property shall be subject to a drug detection dog search at any time, and that illegal objects or substances may be seized.
D. That students shall be subject to a drug detection dog search if there is sufficient cause to believe that a student possesses illegal drugs or contraband.
E. That classrooms and all common areas are subject to a drug detection dog search at any time whenever students are not present.
F. That if any illegal drugs or contraband are found on a student's person, or in his/her automobile, locker, or any other place on school property that the student has placed illegal drugs or contraband, the student may be subject to appropriate disciplinary action, including suspension or expulsion.
G. That students' parent(s) or guardian(s) shall be notified if illegal drugs or contraband are discovered.
IV. Disciplinary Action
Students who are found to be in violation of this Rule shall be subject to appropriate disciplinary action, including short-term suspension, emergency exclusion, long-term suspension, mandatory reassignment, expulsion, and/or curtailment from extracurricular activities.
A. Alerts to shall mean an indication by the drug detection dog that the odor of an illegal drug or contraband is in the air or upon a student.
B. Contraband shall mean all items prohibited by federal, state, or local law, or by District policy or Rule from being brought onto school property including, but not limited to, drug paraphernalia as defined in District Rule 5410.1, guns, and knives.
C. Illegal drugs shall mean those substances defined in District Rule 5410.1 under Section III (B) (2) "Mood or behavior affecting substances", and any other drug which is illegal according to federal, state or local law.
D. Outer garments shall mean all clothing except the student's undergarments.
E. Sufficient cause shall mean "reasonable cause" in the event the search is conducted by certificated staff of the District or its authorized agent, or "probable cause" if the search is conducted by police officers or other law enforcement authorities.