Boulder Valley School District
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JRS
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Boulder Valley School District
Adopted: June 11, 1987, May 27, 2025  
 

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General Statement

The Board seeks to maintain a climate in the schools that is conducive to learning and protective of the safety and welfare of students and school personnel. To achieve this goal, it may be necessary for school authorities to search a student, a student’s belongings, or a student’s automobile under the circumstances described below and to seize any property deemed potentially injurious or detrimental to the safety and welfare of students and staff.

It may also be necessary and appropriate to engage law enforcement to conduct searches or take other appropriate action. When school officials engage law enforcement, school officials shall not participate in searches or interrogations by law enforcement officials other than as set forth in this Policy and Policy JRLE and in accordance with applicable law.

This Policy is based on federal and Colorado constitutional law and the Board expects the School District’s practices to implement this Policy will remain current with any updates to applicable law.

It is the School District’s practice not to ask school personnel to conduct searches looking for firearms and to seek law enforcement assistance in such searches, unless exigent circumstances apply. Nothing in this Policy limits the School District’s ability to take action in response to a firearm if one is found.

Personal Searches

School officials may search a student's person and/or personal belongings, such as a purse,
book bag, back pack, on school property or at school-sponsored events or activities if the school official has reasonable grounds to suspect that the search will turn up:

a. Evidence of a violation of Board and/or district policies, school rules, or federal, state or local laws.
b. Anything that, because of its presence, presents an immediate danger of harm or illness to any person or significant disruption to the educational environment.

The scope of the search and measures adopted must be reasonably related to the objectives of the search and the nature of the suspected infraction, and not excessively intrusive in light of the age and gender identity of the student.

Search of the person will be limited to the student's pockets, any object in the student's possession such as a purse, backpack, book bag, or briefcase, a "pat down" of the exterior of the student's clothing, and a request that a student turn out their pockets and show their ankles, or take other similar measures. Searches of the person that require removal of clothing other than a coat, jacket, or equivalent exterior clothing shall not be conducted by school personnel and may be referred to law enforcement officials.

When possible, the student will be informed of the reason(s) for conducting the search and how the search will be conducted. A student's failure to cooperate with school officials conducting a search may be considered grounds for disciplinary action.

To the fullest extent possible, personal searches of a student shall be conducted in a private room by one person and witnessed by one other person. Students shall be allowed to make requests regarding the gender identity of the person conducting the search and the witness.

Searches of a student’s person and/or personal effects may be conducted without the prior consent of the student’s parent/guardian. However, the parent/guardian of any student searched will be notified of the search as soon as reasonably possible.

Protocols and procedures to address individual student concerns including through regular searches may be established through a student support plan or other individualized student plan process.

Personal Technology Device Searches

“Personal technology device" (PTD) includes any privately-owned portable technology device,
including but not limited to cell phones, wearables (watches, headphones etc.), cameras, audio
and/or video recorders and players, and all other hand-held or mobile electronic communication and data storage devices. Except in cases of emergency, the School District will not search a cell phone or other PTD without the consent of either the student or parent. Whenever possible, the School District will turn over such devices to law enforcement to execute any searches of student PTDs that might be necessary.

Searches of School Property

All school lockers, desks, storage, and similar areas provided for student use on school premises are school property and remain at all times under the control of the school. Student use of such areas is subject to the right of school authorities to open or enter into the same and inspect the contents for any reason at any time without notice or student consent.

No student shall lock or impede access to any locker or storage area except with a lock provided or approved by school authorities. Unapproved locks or impediments will be removed and destroyed. Students assume full responsibility for the security of their lockers and their use of storage areas and any loss of or damage relating to the contents of such areas.

Automobile Searches

Students are permitted to park on school premises as a matter of privilege, not of right. The school retains authority to conduct routine patrols of student and all School District parking lots and inspections of the exteriors of any and all automobiles on School District property at any time.

The privilege of bringing a student-operated motor vehicle on to school premises is conditioned on consent by the student driver to allow searches of the interior of a vehicle when there is reasonable suspicion that the search will yield evidence as defined above. Such patrols and inspections may be conducted without notice or student consent.

Refusal by a student, parent/guardian, or owner of the vehicle to allow access to a motor vehicle on school premises at the time of a request to search the vehicle shall be cause for termination without further hearing of the privilege of bringing the vehicle on to school premises. Refusal to submit to search also may result in disciplinary action and notification of law enforcement officials.

Seizure of Items

Anything found in the course of a search conducted by school officials that may be evidence of
a violation of law or Board policy or school rules or which by its presence presents an
immediate danger of physical harm may be:

a. Seized and offered as evidence in any suspension or expulsion proceeding. Such material will be kept in a secure place by the principal until it is presented at the hearing. When it is no longer needed, the evidence would be dispensed with in accordance with the options below;
b. Returned to the student or the parent/guardian;
c. Turned over to law enforcement officials; or,
d. Destroyed, if appropriate and done in accordance with reasonable practices.

Review of Complaints

Any complaints arising under this policy may be submitted for review under the
provisions of Policy KE, Complaints and Concerns.

LEGAL REFERENCES

CROSS REFERENCES