As required under the Safe and Supportive Minnesota Schools Act, we are providing a Bullying In-Take Form which should be used to report incidents of bullying.
New Jersey v. T.L.O., 469 U.S. 325, 105 S.Ct. 733, 83 L.Ed.2d 720 (1985) is the preeminent legal authority regarding the scope of a school’s right to search a student. This case clarifies that neither a warrant nor probable cause is necessary for school officials to execute a student search. Generally, a school district needs only a reasonable, individualized suspicion before conducting a student search.
- Searches of a student’s personal property may be conducted by authorized School Officials when there is a reasonable suspicion that any item(s) in violation of District policies, procedures, rules, or local, state, or federal law will be found, or if the administrator has a reasonable suspicion that any item(s) contain materials that otherwise pose a threat to the health, welfare, or safety of the school community.
- Student searches are reasonable under the Fourth Amendment if they are both 1) justified at their inception; and 2) reasonable in scope. Before a search of a student is permissible, school officials must reasonably suspect that evidence of a violation of the law or a school rule will be found. The reasonableness of the search’s scope is evaluated “in light of the age and sex of the student and the nature of the infraction.”
- Reasonable suspicion does not require absolute certainty. It is also something less than probable cause. In determining the reasonableness of a search, the school must balance the student’s expectation of privacy with the school’s interests in maintaining order and a safe environment.
