Policy Handbook 2022-23 | Page 31

law is a student with a disability under IDEA or Section 504 of the Rehabilitation Act , the student may be placed in a 45 school day interim alternative placement , the specific placement and services for the student will be consistent with state and federal requirements and are to be determined by the student ’ s IEP Team .
c . The use of seclusionary time out or restraint of a student with a disability requires development of a behavior plan which meets specific criteria of state and federal law and rule .
F . Search and Seizure
1 . School Facilities / School Lockers : While the student has exclusive control over his / her locker , desk , workstation , and other similar assigned areas of school property as against other students , such possession is not exclusive as against the school and its officials . The lockers , desks , work stations , and other similar assigned areas remain the property of the school and , at any time it is deemed necessary , the principal or his / her designee has the authority to conduct a search and confiscate items considered illegal illicit , or disruptive to the educational process or evidence tending to prove a violation of law or a rule of the School District .
2 . Students and their Personal Possessions : While the student has exclusive control over his / her property in his / her immediate possession as against other students it is not exclusive as against the school and its officials . When a reasonable suspicion arises that use or possession of a student ’ s property is illegal , illicit , disruptive , or a danger to that student or others , a search may be made of the student ’ s person and / or personal property ; including vehicles .
3 . Conducting a search
a . Before conducting a search , the principal or designee will determine that there is a reasonable suspicion that the search of a student or of a student ’ s personal property will produce evidence that the student has violated or is violating either the law or the rules of the School District .
b . The search shall be conducted in a manner , which is reasonably related to the objective of the search and is not excessively intrusive into the student ’ s privacy in light of the age and sex of the student and the nature of the violation . Items considered illegal , illicit , disruptive to the educational process , or evidence tending to prove a violation of law or of a rule of the School District may be confiscated .
4 . Procedures to Implement the Policies on Search and Seizure
a . Only the building principal or specific designee shall be responsible for determining if a search will be conducted .
b . A written record of each search will be kept by the principal or designee on a form provided for this purpose ; including the facts upon which a reasonable suspicion rests , location , time , reason for the search and / or seizure , persons present , and disposition of items .
c . A search of a student ’ s person or personal property shall be done as discreetly and privately as possible without compromising safety .
d . Those items considered to be illegal , illicit , disruptive , a general nuisance to the educational process , or evidence tending to prove a violation of a law , or a rule of the District may be seized . The storage , return , or disposition of seized items shall be at the discretion of the principal , subject only to legal impoundment .
e . Repossession of school property shall not be considered seizure .
f . The School District retains the authority to patrol school parking lots and inspect the exteriors of automobiles or other motor vehicles on school property . The interiors of vehicles on school property may be inspected and searched when the principal or specific designee has a reasonable suspicion to believe that materials which are illicit , illegal , or disruptive to the education process are contained inside that vehicle .
V . Removal of Students from Class
A . Teachers have the responsibility of attempting to modify disruptive student behavior by such means as conferring with the student , using positive reinforcement , assigning detention or other consequences , or contacting the student ’ s parents . When such measures fail , or when the teacher determines it is otherwise appropriate based upon the student ’ s conduct , the teacher shall have the authority to remove the student from class .
B . Grounds for removal from class shall include any of the following :
1 . Willful conduct that significantly disrupts the rights of others to an education , including conduct that interferes with a teacher ’ s ability to teach or communicate effectively with students in a class or with the ability of other students to learn ;
2 . Willful conduct that endangers surrounding persons , including school district employees , the student or other students , or the property of the school ;
3 . Willful violation of any school rules , regulations , policies or procedures , including the Code of Student Conduct in this policy ; or
4 . Other conduct , which in the discretion of the teacher or administration , requires removal of the student from class .
C . Removal from class is the short-term exclusion of a student from class during which the school retains custody of the student . Students violating the code of student conduct may be removed from class at the discretion of the classroom teacher for the duration of the class or activity period . If the student is to be removed for additional time , this and
2022-23 School Handbook ahschools . us / policies 29