Common use of Search and Seizure Clause in Contracts

Search and Seizure. In order to provide and maintain a safe and appropriate environment for students to learn, the following guidelines pertaining to student search and seizure are established Administrators of NYSSD are authorized to undertake searches of students and their possessions (e.g., pocket contents, book bags, handbags, etc.) should the circumstances arise, based upon reasonable individualized suspicion. In the event of search and seizure, administrators must: ● Have reasonable individualized suspicion that a student has violated or is violating the law, school policy or rules. “Reasonable individualized suspicion” requires the application of experience and common sense and should be made on a case-by-case basis, with due consideration of all circumstances. Factors which must be considered to determine if a school administrator has sufficient cause to search a student include the age and school record of the student; the prevalence and seriousness of the problem for which the search is directed; the urgency to make the search without delay; the reliability of the facts upon which to base a reasonable suspicion that the particular student has possession of evidence leading to a violation of school rules; and the probability that evidence will be discovered ● Whenever an administrator conducts a search, the Superintendent is to be notified before it occurs ● Only the Superintendent may authorize a search of a student that requires him/her to remove any or all clothing. Such searches are to be conducted only in situations where an emergency exists or the necessity of searching a student without delay exists. A clear demonstration of individualized suspicion must be made ● If illegal items are found in the possession of a student, the discipline guidelines as outlined under major infractions will be followed ● All searches will be documented on an Incident Report Under law, students have no reasonable expectation of privacy rights in school lockers, desks or other school storage places and the school exercises overriding control over such school property. The school administrator shall give notice to all students that: ● Items such as lockers, desks and closets remain the property of NYSSD, and the school governs the use of them by students. They shall not be used to hide contraband ● The combination of locker and closet locks must be registered with NYSSD personnel ● Items such as closets, lockers and desks may be searched with or without the student’s permission; however, it is recommended that, if possible, the student be present. If the student cannot be present, two staff members should be present with one preferably in a supervisory capacity ● If there is reasonable suspicion that a student is carrying contraband, he/she may be searched by NYSSD staff LOCKERS You will be assigned a locker with a combination each school year. You are responsible for keeping your locker clean and keeping your combination numbers private. If you damage your locker, you will be responsible for repairs. Your lock must be locked at ALL times.

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Samples: www.nysed.gov

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Search and Seizure. In The District respects the rights of its students against arbitrary intrusion of their person and property. At the same time, it is the responsibility of school officials to protect the health, safety, and welfare of all students enrolled in the District in order to provide and maintain a safe and appropriate promote an environment for students to learn, the following guidelines pertaining conducive to student learning. The Superintendent, principals, and their designees have the right to inspect and search school property and seizure are established Administrators of NYSSD are authorized to undertake searches of equipment. They may also search students and their possessions (e.g.personal property in which the student has a reasonable expectation of privacy, pocket contents, book bags, handbags, etc.) should when there is reasonable and individualized suspicion to believe such student or property contains illegal items or other items in violation of Board policy or dangerous to the circumstances arise, based upon reasonable individualized suspicionschool community. In School authorities may seize evidence found in the event of search and seizuredisciplinary action may be taken. Evidence found which appears to be in violation of the law shall be reported to the appropriate authority. School property shall include, administrators must: ● Have reasonable individualized suspicion that a but not be limited to, lockers, desks, and parking lots as well as personal effects left there by students. When possible, prior notice will be given and the student has violated will be allowed to be present along with an adult witness. However, searches may be done at any time with or is violating without notice or the law, school policy or rulesstudent’s consent. “Reasonable individualized suspicion” requires the application A personal search must not be excessively intrusive in light of experience and common sense and should be made on a case-by-case basis, with due consideration of all circumstances. Factors which must be considered to determine if a school administrator has sufficient cause to search a student include the age and sex of the student and the nature of the infraction. The Superintendent, principals and their designees may request the assistance of law enforcement officials to help conduct searches. Such searches may include the use of specially trained dogs. A school record official of the same sex shall conduct personal searches with an adult witness of the same sex present. State Law requires that Department of Human Services employees, local law enforcement, or agents of the Crimes Against Children Division of the Division of Arkansas State Police, may interview students without a court order for the purpose of investigating suspected child abuse. In instances where the interviewers deem it necessary, they may exercise a “72-hour hold” without first obtaining a court order. Other questioning of students by non-school personnel shall be granted only with a court order directing such questioning, with permission of the parents of a student (or the student if above eighteen (18) years of age), or in response to a subpoena or arrest warrant. If the District makes a report to any law enforcement agency concerning student misconduct or if access to a student is granted to a law enforcement agency due to a court order, the principal or the principal’s designee shall make a good faith effort to contact the student’s parent, legal guardian, person having lawful control of the student; , or person standing in loco parentis. The principal or the prevalence and seriousness principal's designee shall not attempt to make such contact if presented documentation by the investigator that notification is prohibited because a parent, guardian, person having lawful control of the problem for which the search student, or person standing in loco parentis is directed; the urgency to make the search without delay; the reliability named as an alleged offender of the facts upon which suspected child maltreatment. This exception applies only to base interview requests made by a law enforcement officer, an investigator of the Crimes Against Children Division of the Division of Arkansas State Police, or an investigator or employee of the Department of Human Services. In instances other than those related to cases of suspected child abuse, principals must release a student to either a police officer who presents a subpoena for the student, or a warrant for arrest, or to an agent of state social services or an agent of a court with jurisdiction over a child with a court order signed by a judge. Upon release of the student, the principal or designee shall give the student’s parent, legal guardian, person having lawful control of the student, or person standing in loco parentis notice that the student has been taken into custody by law enforcement personnel or a state’s social services agency. If the principal or designee is unable to reach the parent, he or she shall make a reasonable, good faith effort to get a message to the parent to call the principal or designee, and leave both a day and an after-hours telephone number. Corning School District has a zero tolerance program for drugs and this policy is reinforced by a professional drug awareness program coupled with random searches by a K-9 team. The Fifth Circuit of the United States Court of Appeals has upheld that a dog's sniffing of students' lockers in school hallways and automobiles parked in school parking lots does not constitute a search within the meaning of the fourth amendment, and therefore is not unconstitutional. School officials do not need a warrant or probable cause prior to conducting a search. They only need reasonable suspicion that the particular search will turn up evidence that the student has possession of evidence leading to a violation of school rules; and broke the probability that evidence will be discovered ● Whenever an administrator conducts a search, the Superintendent is to be notified before it occurs ● Only the Superintendent may authorize a search of a student that requires him/her to remove any or all clothing. Such searches are to be conducted only in situations where an emergency exists law or the necessity rules of searching a student without delay exists. A clear demonstration of individualized suspicion must be made ● If illegal items are found in the possession of a student, the discipline guidelines as outlined under major infractions will be followed ● All searches will be documented on an Incident Report Under law, students have no reasonable expectation of privacy rights in school lockers, desks or other school storage places and the school exercises overriding control over such school property. The school administrator shall give notice to all students that: ● Items such as lockers, desks and closets remain the property of NYSSD, and the school governs the use of them by students. They shall not be used to hide contraband ● The combination of locker and closet locks must be registered with NYSSD personnel ● Items such as closets, lockers and desks may be searched with or without the student’s permission; however, it is recommended that, if possible, the student be present. If the student cannot be present, two staff members should be present with one preferably in a supervisory capacity ● If there is reasonable suspicion that a student is carrying contraband, he/she may be searched by NYSSD staff LOCKERS You will be assigned a locker with a combination each school year. You are responsible for keeping your locker clean and keeping your combination numbers private. If you damage your locker, you will be responsible for repairs. Your lock must be locked at ALL timesschool.

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Search and Seizure. In order to provide The Weathersfield Board of Education recognizes that the privacy of students and maintain a safe and appropriate environment for students to learn, the following guidelines pertaining to student of their belongings may not be violated by unreasonable search and seizure and directs that no student be searched without reasonable suspicion or in an unreasonable manner. The Board acknowledges the need for in-school storage of student possessions and shall provide storage places, including desks and lockers, for that purpose. Such spaces remain the property of the Board of Education and, in accordance with the law, may be the subject of a random search(s). Where locks are established Administrators provided for such places, students may lock them against incursion by other students, but in no such places shall students have such an expectation of NYSSD privacy as to prevent examination by a school official. THE BOARD OF EDUCATION DIRECTS THE BUILDING PRINCIPAL TO CONDUCT A ROUTINE INSPECTION OF ALL SUCH STORAGE SPACES! School authorities are authorized to undertake searches charged with the responsibility of safeguarding the safety and well-being of the students and in their possessions (e.g., pocket contents, book bags, handbags, etc.) should the circumstances arise, based upon reasonable individualized suspicioncare. In the event discharge of search and seizure, administrators must: ● Have reasonable individualized suspicion that a student has violated or is violating the lawresponsibility, school policy authorities may search the person or rules. “Reasonable individualized suspicion” requires the application of experience and common sense and should be made on a case-by-case basisproperty, with due consideration of all circumstances. Factors which must be considered to determine if a school administrator has sufficient cause to search a student include the age and school record of the student; the prevalence and seriousness of the problem for which the search is directed; the urgency to make the search without delay; the reliability of the facts upon which to base a reasonable suspicion that the particular student has possession of evidence leading to a violation of school rules; and the probability that evidence will be discovered ● Whenever an administrator conducts a search, the Superintendent is to be notified before it occurs ● Only the Superintendent may authorize a search of a student that requires him/her to remove any or all clothing. Such searches are to be conducted only in situations where an emergency exists or the necessity of searching a student without delay exists. A clear demonstration of individualized suspicion must be made ● If illegal items are found in the possession including vehicles of a student, the discipline guidelines as outlined under major infractions will be followed ● All searches will be documented on an Incident Report Under law, students have no reasonable expectation of privacy rights in school lockers, desks or other school storage places and the school exercises overriding control over such school property. The school administrator shall give notice to all students that: ● Items such as lockers, desks and closets remain the property of NYSSD, and the school governs the use of them by students. They shall not be used to hide contraband ● The combination of locker and closet locks must be registered with NYSSD personnel ● Items such as closets, lockers and desks may be searched with or without the student's consent, whenever they reasonably suspect that the search is required to discover evidence of a violation of the law or of school rules and regulations. The extent of the search will be governed by the seriousness of the alleged infraction and the student’s permission; howeverage. Administrators are permitted to conduct a random search of any student's locker and its contents at any time, it is recommended thatproviding proper notice has been posted in the locker areas of the building. The search of a student's person or intimate personal belongings shall be conducted by a person of the student’s gender, if possiblein the presence of a staff member of the same gender, and only in exceptional circumstances when the health or safety of the student be presentor others is immediately threatened. If The Board of Education also authorizes the student cannot be presentuse of canines, two staff members should be present with one preferably trained in a supervisory capacity ● If there is detecting the presence of illegal drugs, weapons or chemicals etc. when the school authorities have reasonable suspicion that a student is carrying contrabandillegal drugs, he/she weapons or chemicals may be searched by NYSSD staff LOCKERS You will present in the school. This means of detection shall be assigned a used only to determine the presence of drugs, weapons, or chemicals in locker with a combination each areas and other places on school yearproperty where such substances could be concealed. You are responsible for keeping your locker clean and keeping your combination numbers private. If you damage your locker, you will be responsible for repairs. Your lock Canine detection must be locked at ALL timesconducted in collaboration with law enforcement authorities and is not to be used to search individual students unless a warrant has been obtained prior to the search.

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Search and Seizure. In Owner of School Property School buildings, school grounds and other school facilities, school buses, school lockers, desks, and other equipment provided by the District for the use of pupils are the property of the Genesee Intermediate School District and/or the University of Michigan-Flint. The Genesee Intermediate School District retains and will not release its complete dominion over an exclusive administrative control of school buildings, school grounds, other facilities, school buses, school lockers, desks, and other equipment provided for the use of pupils. Search & Seizure To maintain order and discipline in the schools and to provide protect the safety and maintain a safe and appropriate environment for students to learn, the following guidelines pertaining to student search and seizure are established Administrators of NYSSD are authorized to undertake searches welfare of students and their possessions (e.g., pocket contents, book bags, handbags, etc.) should the circumstances arise, based upon reasonable individualized suspicion. In the event of search and seizure, administrators must: ● Have reasonable individualized suspicion that a student has violated or is violating the lawschool personnel, school policy or rules. “Reasonable individualized suspicion” requires the application of experience and common sense and should be made on a case-by-case basis, with due consideration of all circumstances. Factors which must be considered to determine if a school administrator has sufficient cause to authorities may search a student include the age and school record of the student; the prevalence and seriousness of the problem for which the search is directed; the urgency to make the search without delay; the reliability of the facts upon which to base a reasonable suspicion that the particular student has possession of evidence leading to a violation of school rules; and the probability that evidence will be discovered ● Whenever an administrator conducts a search, the Superintendent is to be notified before it occurs ● Only the Superintendent may authorize a search of a student that requires him/her to remove any or all clothing. Such searches are to be conducted only in situations where an emergency exists or the necessity of searching a student without delay exists. A clear demonstration of individualized suspicion must be made ● If illegal items are found in the possession of a student, student lockers, and desks under the discipline guidelines as circumstances outlined below and may seize any illegal, unauthorized, or contraband materials discovered in the search. Student lockers and desks are school property and remain at all times under major infractions will be followed ● All searches will be documented on an Incident Report Under lawthe control of the Genesee Early College; however, students have no reasonable expectation are expected to assume full responsibility for the security of their lockers and desks. Students should not expect privacy rights regarding items placed in school lockers, desks or other property because school storage places and the property is subject to search at any time by school exercises overriding control over such school propertyofficials. The school administrator shall give notice to all students that: ● Items such as lockers, desks and closets remain the property Periodic general inspections of NYSSD, and the school governs the use of them by students. They shall not be used to hide contraband ● The combination of locker and closet locks must be registered with NYSSD personnel ● Items such as closets, lockers and desks may be searched with or conducted by school authorities for any reason at any time without the notice, without student consent and without a search warrant. A student’s permission; however's failure to permit searches and seizures as provided in this policy will be considered grounds for disciplinary action. A student's person and/or personal effects (e.g., it is recommended thatpurse, if possiblebook bag, the student be present. If the student cannot be present, two staff members should be present with one preferably in a supervisory capacity ● If there is reasonable suspicion that a student is carrying contraband, he/she athletic bag) may be searched by NYSSD staff LOCKERS You will be assigned whenever a locker with a combination each school year. You are responsible for keeping your locker clean and keeping your combination numbers privateofficial has reasonable suspicion to believe that the student is in possession of illegal or unauthorized materials. If you damage your lockera properly conducted search yields illegal or contraband materials, you will such findings shall be responsible turned over to proper legal authorities for repairsultimate disposition. Your lock must Students are permitted to park on school premises as a matter of privilege, not of right. The Genesee Early College retains authority to conduct routine patrols of the student parking lot and inspections of the exteriors of student vehicles parked on school property. Such patrols and inspections may be locked at ALL timesconducted without notice, without student consent, and without a search warrant. The interiors of student vehicles may be inspected whenever a school official has reasonable suspicion to believe that illegal or unauthorized materials are contained inside. Cooperation with Law Enforcement Agencies In accordance with the policy of the GISD Board of Education, school authorities are directed to cooperate with police, law enforcement officers and agencies to the end that policies shall be enforced to the fullest extent according to their terms. In accordance with section 1135 of the Michigan School Code the Genesee Intermediate School District shall not disclose any personally identifiable information contained in a student record to a law enforcement agency, except in compliance with the Family Educational Right and Privacy Act. MCL380.1135(5).

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Samples: catalog.umflint.edu

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