5145.12 Policy and Administrative Regulations Regarding Search and Seizure

1. Search of a Student and the Student’s Effects 

A. Fourth Amendment rights to be free from unreasonable searches and  seizures apply to searches conducted by public school officials. A student  and his/her effects may be searched if there are reasonable grounds for  suspecting that the search will turn up evidence that the student has violated  or is violating either the law or the rules of the school. The way the search  is conducted should be reasonably related to the objectives of the search and  not excessively intrusive in light of the age and sex of the student and the nature of the infraction. 

2. Search of a Locker, Desk and Other Storage Area 

A. Lockers, desks and other storage areas provided by the school system for  use by students are the property of the school system. Such storage areas  are provided for the temporary convenience of students only. The Board of  Education (the “Board”) authorizes the administration and/or law enforcement officials to search lockers and other school property available  for use by students for the presence of weapons, contraband or the fruits of a  crime if there are reasonable grounds at the inception of the search for suspecting that the search will reveal evidence that the student has violated  or is violating either the law or the rules of the school. Moreover, the scope  of the search shall be reasonably related to the objectives of the search and shall not be excessively intrusive in light of the age and sex of the student  and the nature of the infraction. 

B. If the school administration reasonably suspects that a student is not  maintaining a locker or other storage area assigned to him/her in a sanitary  condition, or that the storage area contains items the possession of which is  illegal or in violation of school regulations or that endangers the health,  safety or welfare of the student or others, it has the right to open and  examine the storage area and to seize any such items that are found. 

C. When required by law and otherwise at the option of the building principal,  items that have been seized shall be submitted to the police department for  proper disposition. Items not submitted to the police department shall be  disposed of as directed bythe building principal.

3. The decision to search shall be made by the principal or the principal' s designee.  The search shall be made in the presence of at least one witness. Discovery of  illegal or dangerous materials shall be reported to the Office of the Superintendent. 

4. Use of drug-detection dogs and metal detectors, similar detective devices; and/or  breathalyzers and other passive alcohol screening devices may be used only on the  express authorization of the Superintendent, in accordance with such procedures as  the Superintendent may devise. 

Legal References: 

Conn. Gen. Stat. § 10-221, Board of education to prescribes rules, policies and   procedures 

Conn. Gen. Stat. § 54-33n, Search of school locker and property 

New Jersey v. T.L.O., 469 U.S. 325 (1985) 

Adopted: December 3, 2024 NEWTOWN PUBLIC SCHOOLS Revised: Newtown, Connecticut

1. Search of a Student and the Student’s Effects 

A. All searches of students shall be conducted or directed by an authorized  school administrator, i.e., the principal or vice principal, in the presence  of a witness. 

B. A search of a student's handbag, gym bag, cellular telephone, personal  electronic device or similar personal property carried by a student may  be conducted if there are reasonable grounds for suspecting that the  search will produce evidence that the stu dent has violated or is violating  either the law or the rules of the school. A student's other effects are  also subject to the same rule. Effects may include motor vehicles located  on school property. 

C. A search of a student's person may be conducted only if there are  reasonable grounds at the inception of the search for suspecting that the  search will reveal evidence that the student has violated or is violating  either the law or the rules of the school. Moreover, the scope of the 

search shall be reasonably related to the objectives of the search and  shall not be excessively intrusive in light of the age and sex of the  student and the nature of the infraction. Metal detectors, breathalyzers  and/or drug sniffing dogs may be used to detect the presence of 

contraband, including weapons, drugs or alcohol, in furtherance of this  policy and to the extent authorized by law. 

D. Strip searches are prohibited except when there are reasonable grounds  for suspecting that such a search will produce evidence of conduct which  places students, staff or school property in immediate danger. Such  searches may be conducted at the request of the school principal, 

generally by a member of the police department. During such searches,  a member of the school staff shall be present at all times as a witness,  and both the police officer conducting the search and the witness shall be  of the samesex as the student searched. 

E. Any evidence of illegal conduct or conduct violative of the rules of the  school produced as a result of searches according to these regulations  shall be subject to seizure. Where required by law and otherwise at the  option of the building principal, such evidence shall be submitted to the  police department for proper disposition. Evidence not submitted to the  police department shall be disposed of as directed by the building  principal.

2. Search of a Locker, Desk and Other Storage Area 

A. The Board of Education (the “Board”) provides lockers, desks, gym  baskets and other storage areas in which students may keep and store  personal belongings and materials provided by the Board. Such storage  areas are the property of the Board. 

B. No student shall keep or store personal belongings or materials provided  by the Board in any storage area other than one provided by the Board  and designated for the student’s use by the school administration. 

C. Each student shall be responsible for maintaining any storage area  assigned to the student for the student’s use in an orderly and sanitary  condition. 

D. No student shall keep or store in a storage area assigned to the student  for the student’s use any item the possession of which is illegal or in  violation of school regulations or that endangers the health, safety or  welfare of self or others (such as

matches, chemicals, ammunition,  weapons, drugs, tobacco, alcoholic beverages, etc.). 

E. The use of lockers and other storage areas by students is a privilege. At  all times such storage areas remain the property of the Board. If the  school administration reasonably suspects that a student is not maintaining a storage area assigned to the student in a sanitary condition,  or that the locker contains items the possession of which is illegal or in  violation of school regulations or that endangers the health, safety or  welfare of the student or others, it has the right to open and examine the  storage area and to seize any such items that are found. The school  administration may authorize law enforcement officials to search lockers/storage areas in accordance with Board Policy 5145.12, Section  2(A). 

F. When required by law and otherwise at the option of the building  principal, items that have been seized shall be submitted to the police  department for proper disposition. Items not submitted to the police  department shall be disposed of as directed by the building principal. 

Legal References: 

Conn. Gen. Stat. § 10-221, Board of education to prescribes rules, policies and   procedures 

Conn. Gen. Stat. § 54-33n, Search of school locker and property 

New Jersey v. T.L.O., 469 U.S. 325 (1985) 

Administrative Regulations Adopted: December 3, 2024

The Board of Education (the “Board”) shall permit the administration to invite law  enforcement agencies or other qualified agencies or individuals to search school  property with dogs specially trained when necessary to protect the health and safety of  students, employees or property of Newtown Public Schools (the “District”), and for  the purpose of detecting the presence of illegal substances or contraband, including  alcohol and/or drugs. 

The use of trained detection dogs is subject to the following: 

1. The administration shall authorize the search and the principal or his/her  designee shall be present while the search is taking place. 

2. All school property such as lockers, classrooms, parking areas and storage areas  may be searched. 

3. Dogs shall not be used in rooms occupied by persons except as part of a  program designed to inform students/parents of the capabilities of the dogs.  Individual(s) shall not be subjected to a search by dogs. 

4. Parents and students shall be notified of the Board’s policy concerning search  and seizure and this regulation, which shall be publicized to students. Specific  dates of planned searches need not be released 

5. When conducting a search of an individual or his/her effects based upon a dog’s  signal, the principal or his/her designee shall conform to the requirements of the  Board’s policy and regulation pertaining to searches of a student, his/her effects  and/or locker searches. 

6. The administration of the District shall have sole authority for determining  internal disciplinary action in regard to illegal substances or contraband on  school property. 

7. Although detection dogs may be under the control of law enforcement agencies,  the administration of the District shall have sole determination as to when a  sweep of school property will be conducted. 

8. When detection dogs are employed, the school should follow standard protocol  for a lockdown procedure prior to the dogs and their handlers entering the  building.

The Board of Education (the “Board”) supports the use of both passive alcohol  screening (“PAS”) devices and breathalyzers during the school day or at school sponsored events, on or off campus, to deter the use of alcohol by students in the  Newtown Public Schools (the “District”) and to promote the health and safety of all  students. 

This regulation provides the basic structure for the use of passive alcohol sensors and  breathalyzers in this District to detect/confirm alcohol consumption by students. Such  instruments shall be used by the District to 1) to confirm a reasonable suspicion that a  particular student has used or is under the influence of alcohol at school during the  school day, or at a voluntary, extracurricular school-sponsored event; and/or 2)  systematically screen students attending extracurricular/voluntary school-sponsored  events for possible alcohol use. 

The passive alcohol sensor (“PAS”) device is a non-invasive high-speed breath alcohol screening instrument which can be used as a “sniffer” for overt or covert alcohol  detection. This device may be used to sample a student’s breath in order to detect  alcohol use, with results reported as either “positive” or “negative.” A breathalyzer is  a device that detects and measures alcohol in expired air so as to determine the  concentration of alcohol in a person's blood. 

Only designated school personnel will be trained in the use of the PAS device and/or  breathalyzer test. All testing instruments shall be properly calibrated and will be  checked for accuracy and for full calibration in accordance with the manufacturer’s  standards. Testing of students using these devices will be conducted in a separate area,  to the extent practicable, to maintain student privacy. 

Results from a PAS device or breathalyzer will be maintained in a confidential manner,  and released in accordance with District policy and state and federal law. 

A. Testing to Confirm Reasonable Suspicion of Alcohol Use  

If there is reasonable suspicion that a student is under the influence of alcohol at school  or at a school-sponsored event, the student shall be removed to a separate area for  observation and questioning concerning alcohol consumption. The student will be  informed as to how the PAS device operates and will be asked to breathe across the  intake part of the device. Testing will be conducted by trained personnel, in a separate  area whenever possible, to maintain student privacy. Any student who tests positive  will be asked to submit to a second test using a breathalyzer. If the student tests  positive for a second time, the school will contact the student’s parents. If necessary,  the student will be brought to the school nurse for medical treatment and emergency  medical protocols shall be followed. 

If the student tests positive on either test, or if the student refuses to take the test when  there is reasonable suspicion of alcohol use, the student may be subject to appropriate  disciplinary action consistent with District policies and procedures. 

 Reasonable suspicion shall include, but not be limited to, any of the following:   

1. Observed use or possession of alcohol; 

2. Alcohol odor or the presence of an alcohol container; 

3. Slurred speech, unsteady gait, lack of coordination, bloodshot or glazed   eyes; or 

4. Marked changes in personal behavior not attributable to other factors. 

B. Extracurricular/Voluntary School -Sponsored Events  

The Board also allows for the use of PAS devices and breathalyzers in connection with  students’ participation in extracurricular/voluntary school-sponsored events and  activities without the need for school personnel to first have reasonable suspicion of  alcohol use. Such suspicionless testing will occur only if students are notified prior to  the event or school-sponsored activity that a PAS or breathalyzer may be used, and that  they may be denied entry and/or removed from the event or activity for either refusing  to submit to such testing or for testing positive for alcohol use. Students will be  notified through a variety of means, including orientation programs, student handbooks  and/or electronic publication. 

When PAS devices and/or a breathalyzer will be used at a voluntary school-sponsored  event (i.e. school dances, proms, etc.), such devices shall be administered as follows: 

1. All students participating in the activity or school-sponsored event will  be asked to submit to a PAS screening. Students will be asked to breathe  across the intake part of the device. 

2. If the PAS device detects alcohol, the student shall be removed to a  separate area for observation and questioning concerning alcohol consumption. After fifteen (15) minutes, the student will be asked to  submit to a breathalyzer test to confirm the presence of alcohol. 

3. Should the student test positive after the second test, school personnel  will contact the student’s parents and the student shall be removed/denied  entry to the activity or school-sponsored event. 

4. Any student who refuses to breathe into the PAS device, or who refuses  to submit to the breathalyzer test, may be excluded or removed from the  activity or school-sponsored event and may face additional disciplinary  actions. 

5. The District retains the right to contact local law enforcement officials at  any time, as deemed appropriate, consistent with District practice and  policy.