Virginia RULES

School Safety

Search and Seizure

Under what circumstances can a student be searched?

It is important to recognize that all searches entail invasion of privacy. Whether a particular search is legally permissible involves a balancing of competing interests: the individual student's right to privacy and security against the school division's interests in maintaining order, discipline, and the security and safety of other students.

Best practice involves a coherence in school division mission statement, student conduct policy, search policy, and procedures for implementing searches. The mission statement should clearly articulate the school division's commitment to provide a safe and disciplined school environment conducive to learning. Consistent with the mission statement, the student conduct policy should define expectations and rules, including privacy expectations.

Virginia law requires written notice of the student conduct policy to students and their parents; best practice is to notify, or otherwise make available, the written school policy on student searches also. Search policies and procedures should carefully balance school division interest in safety and security and student privacy interests.

For a basic overview of school searches, read Section 1, School Searches: The Basics, of the Virginia School Search Resource Guide. (PDF)

For more in-depth guidelines for searches in Virginia schools read the Virginia School Search Resource Guide (PDF).

Searches can be categorized as follows:

• blanket and random administrative searches;
• reasonable suspicion searches;
• consent searches; and
• law enforcement searches based on probable cause.

What are blanket and random administrative searches?

Blanket and random administrative searches are typically conducted to serve as a deterrent in the interest of maintaining safe and drug-free schools. These “suspicionless” searches, including group searches, may be conducted only in accordance with formally adopted school board policies which include procedures to ensure that searches are conducted in a neutral fashion.

Random locker searches, metal detector screenings, and use of drug-detection canines are examples of “suspicionless” searches.

What are “best practices” in conducting blanket and random searches?

Key "best practices" involve written notice to students (reducing expectations of privacy) and procedures which ensure that the searches are conducted in a random, systematic, nonselective manner in accordance with a pre-determined formula.

Type of Search	Best Practices
Locker searches	Notice: Written policies and periodic notice to students (and their parents) which make it clear that the school retains ownership and control of the locker and that the student's use of the locker does not constitute exclusive possession. Neutral plan: Procedures/documentation which ensure a neutral blanket screening or random search.
Use of metal detectors at school entrances	Notice: Written policies and notice to students (and their parents) which make it clear that persons entering the school are subject to metal detector screening. In addition, written warning notices should be posted conspicuously at the entrances of the school so as to provide notice to visitors that they will be subject to this form of inspection. Neutral plan: Procedures that carefully limit the discretion of school employees who operate metal detectors and that provides a very "detailed script" for these employees to follow as they search for weapons.
Use of drug detection canines	Notice: Periodic written notice that trained drug-detection canines may be used. Requires planning and sensitivity to limit direct contact with students. Canine sniffs of student lockers in a sweeping fashion do not initially constitute a “search.” If however, the dog alerts searchers to a specific locker, then individualized suspicion to search the specific locker exists. Likewise, using dogs to sniff around student automobiles in a sweep of the school parking lot does not ordinarily constitute a search. Educational policy considerations regarding the health and psychological well-being of students also come into play when police-trained dogs are brought near students in schools. Sound educational judgment should be used in deciding whether, when, and under what circumstances drug sniffing dogs will be used in schools.

What is a “reasonable suspicion” search?

A “reasonable suspicion” search is based on suspicion of either a criminal offense or a violation of school rules and is conducted with a view to discovery of evidence of the offense or violation.

The search can be for contraband (e.g., drugs, alcohol, explosives or fireworks, and/or prohibited weapons); an instrumentality used to commit an offense or school rule violation (e.g., a weapon used to assault or threaten another or burglar tools); the fruits or spoils of an offense or school rule violation (e.g., the cash proceeds of a drug sale, gambling profits, or a stolen item) or other evidence of an offense or school rule violation (e.g., gambling slips, hate pamphlets, records of drug or illegal gambling debts, "crib" notes or other evidence of cheating or plagiarism, etc.).

Initiating Searches

To initiate a lawful search, a school official must have reasonable grounds to believe that:

1. a law or school rule has been or is being broken;
2. a particular student(s) has committed the violation or infraction;
3. the suspected violation or infraction is of a kind for which there may be physical evidence (i.e., contraband, instrumentality, fruits or spoils, or other evidence); and,
4. the sought-after evidence would be found in a particular place associated with the student(s) suspected of committing the violation or infraction.

“Reasonableness”

In order for a search to be reasonable, a school official must satisfy two separate inquiries:

1. Was the search justified at its inception?
2. Was the search conducted in an appropriate manner, that is, was the actual search reasonable in its scope, duration, and intensity?

A search is constitutionally permissible at its inception where the school official has reasonable grounds -- based on the totality of the known circumstances -- 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. Reasonable grounds is more than a mere hunch or unsubstantiated rumor.

A search will be reasonable in its scope and intensity where it is reasonably related to the objectives of the search and is not excessively intrusive in light of the age and sex of the student and the nature of the suspected infraction.

More in-depth guidelines for “reasonable suspicion” searches in Virginia schools are contained in Virginia School Search Resource Guide (PDF).

What is a “consent” search?

A consent search of a student exists when a student grants the school official permission to search. A student’s consent is valid only if given willingly and with knowledge of the meaning of consent. School officials have the burden of proving that the search was voluntary and knowing and documenting all aspects of obtaining permission to search.

A school official may ask for permission to conduct a search, even if the official does not have reasonable grounds to believe that the search would reveal evidence of an offense/ infraction. A student's refusal to give permission may not be considered as evidence of guilt.

If the school official already has reasonable suspicion to believe that evidence of an offense/infraction will be found in a particular place, school officials need not rely on consent being given and may conduct a search of that location even over a student’s objection.

More in-depth guidelines for consent searches in Virginia schools are contained in the Virginia School Search Resource Guide (PDF).

When can a school resource officer (SRO) search a student?

SROs are law enforcement officers and searches by SROs must be based on the higher standard of “probable cause” rather than the “reasonable suspicion” standard for school administrator searches.

Put simply, “probable cause” means a reasonable belief that a person has committed a crime.

As a matter of practice, the MOU between the school division and the local law enforcement agency should define and clarify the responsibilities of the school resource officer related to school searches. In general, the MOU should clarify:

• that any search by a the school resource officer shall be based upon probable cause and, when required, a search warrant will be obtained;
• that the school resource officer shall not become involved in administrative searches unless specifically requested by the school to provide security, protection, or for handling of contraband; and
• that at no time should the SRO request that an administrative search be conducted for law enforcement purposes or have the administrator act as his or her agent.

More in-depth guidelines for law enforcement searches in Virginia schools are contained in the Virginia School Search Resource Guide (PDF).

When can a school security officer (SSO) search a student?

SSOs are school employees who serve under the guidance of the principal. SSOs are not typically the persons designated by the principal to conduct student searches; however, the security employee is often the individual who first identifies the need to search. Because SSOs assist school officials in conducting student searches, they should be trained in appropriate search procedures and knowledgeable of laws and policy that govern student searches.

Is student drug testing permissible?

Code of Virginia § 22.1-279.6 states that “a school board may, in its discretion, require or encourage drug testing in accordance with the Board of Education’s guidelines and model student conduct policies required by subsection A [§ 22.1-279.6] and the Board’s guidelines for student searches required by § 22.1-279.7.”

The state statutory provisions do not require the adoption of drug testing programs by local school boards, but leave to local board discretion whether drug testing will be encouraged or required.

Guidelines Concerning Student Drug Testing in Virginia Public Schools (PDF), approved by the Board of Education on June 23, 2004, provide legal background information and guidance on policies and procedures.

The Guidelines state, “The question of whether to test students for drugs involves myriad complex issues that must be fully understood and carefully weighted before testing begins ... Before implementing a drug testing program, local school boards should consult with legal counsel familiar with the laws regarding student drug testing.” (p. 6)

School Safety Audits

What is a school safety audit?

Code of Virginia § 22.1-279.8. establishes requirements for school safety audits and defines school safety audit as:

“a written assessment of the safety conditions in each public school to (i) identify and, if necessary, develop solutions for physical safety concerns, including building security issues and (ii) identify and evaluate any patterns of student safety concerns occurring on school property or at school-sponsored events. Solutions and responses shall include recommendations for structural adjustments, changes in school safety procedures, and revisions to the school board's standards for student conduct.”

Virginia Center for School Safety (VCSS), in the Virginia Department of Criminal Justice Services (DCJS) has been designated to collect, analyze, and disseminate various Virginia school safety data including school safety audit information.

Each year, the Virginia Center for School Safety administers the web-based Virginia School Safety Survey to collect school safety audit information from all public schools, kindergarten through 12th grade. Principals are responsible for completing the surveys. The information collected allows VCSS (and state policy makers) to describe school safety policies, practices, and conditions in Virginia’s public schools.

More in-depth information is available on the School Safety Survey Webpage.

What responsibilities do schools have for school safety audits?

Code of Virginia § 22.1-279.8.B. requires the following:

“Each local school board shall require all schools under its supervisory control to annually conduct school safety audits as defined in this section and consistent with such list.”

The results of such school safety audits shall be made public within 90 days of completion. The local school board shall retain authority to withhold or limit the release of any security plans and specific vulnerability assessment components as provided in subdivision 7 of § 2.2-3705.2. Each school shall maintain a copy of the school safety audit, which may exclude such security plans and vulnerability assessment components, within the office of the school principal and shall make a copy of such report available for review upon written request.

Code of Virginia § 22.1-279.8.C. authorizes, but does not require, local school boards to establish “a school safety audit committee to consist of representatives of parents, teachers, local law-enforcement agencies, judicial and public safety personnel, and the community at large. The school safety audit committee shall evaluate, in accordance with the directions of the local school board, the safety of each school and submit a plan for improving school safety at a public meeting of the local school board.”

What is the difference between a school safety audit and a school safety assessment?

School safety audits and school safety assessments are very closely related; one is defined in Virginia law and the other is not, but both involve assessing conditions and developing strategies to address problems identified.

Code of Virginia § 22.1-279.8. establishes requirements for school safety audits and defines school safety audit as:

“a written assessment of the safety conditions in each public school to (i) identify and, if necessary, develop solutions for physical safety concerns, including building security issues and (ii) identify and evaluate any patterns of student safety concerns occurring on school property or at school-sponsored events. Solutions and responses shall include recommendations for structural adjustments, changes in school safety procedures, and revisions to the school board's standards for student conduct.”

School safety assessments are not defined in law, but typically involve identifying specific problems for the purpose of developing a plan for reducing the opportunity for crime, violence, and other disturbances.

Crisis Management/Emergency Response

What are schools required by law to do related to crisis planning and response?

The Code of Virginia § 22.1-279.8. establishes requirements for school crisis, emergency management, and medical emergency response plans.

The Code defines what a plan is and what needs to be addressed in such plans:

“School crisis, emergency management, and medical emergency response plan” is defined as “essential procedures, operations, and assignments required to prevent, manage, and respond to a critical event or emergency, including:

• natural disasters involving fire, flood, tornadoes, or other severe weather;
• loss or disruption of power, water, communications or shelter;
• bus or other accidents;
• medical emergencies, including cardiac arrest and other life-threatening medical emergencies;
• student or staff member deaths;
• explosions;
• bomb threats;
• gun, knife or other weapons threats;
• spills or exposures to hazardous substances;
• the presence of unauthorized persons or trespassers;
• the loss, disappearance or kidnapping of a student;
• hostage situations;
• violence on school property or at school activities;
• incidents involving acts of terrorism; and
• other incidents posing a serious threat of harm to students, personnel, or facilities.”

School Board Requirements

Code of Virginia § 22.1-279.8.D. requires local school boards to ensure that every school develops a written school crisis, emergency management, and medical emergency response plan, consistent with the definition provided in law. The local school board is required to review the school plans annually and certify the review in writing to the Virginia Center on School Safety no later than August 31 of each year.

More detailed information about the School Crisis Plan Review and Certification is available from the Virginia Center for School Safety website.

Guidance in developing school crisis plans is contained in the Virginia Department of Education’s Resource Guide on Crisis Management and Emergency Response in Virginia Schools. (PDF)

Why should a school conduct emergency drills?

Drills test a specific operation or function of the emergency plan. The goal of a drill is to practice aspects of the response plan and prepare teams and participants for more extensive exercises in the future. Schools generally conduct evacuation, shelter-in-place or lockdown drills with students and staff to demonstrate the steps they should take in an emergency. The procedures as well as the responsibilities of all involved (i.e., students, teachers, staff and emergency personnel) are addressed. These exercises may include local public safety agencies.

Additional guidance on school emergencies can be found in the Virginia Department of Education’s The Virginia Educator’s Guide for Planning and Conducting School Emergency Drills. (PDF)

What resources are available to assist schools in planning for and responding to emergencies?

Three key resources are:

1. The Virginia Department of Education’s Resource Guide on Crisis Management and Emergency Response in Virginia Schools (PDF), which is a comprehensive resource guide used by most schools in Virginia. The Guide is designed primarily as a resource for school administrators.
2. The U.S. Department of Education’s Readiness and Emergency Management for Schools Technical Assistance Center.
3. School Crisis Plan Generator

School Resource Officers and School Security Officers

What is a school resource officer?

School resource officer (SRO) is defined in Code of Virginia § 9.1-101 as follows:

“School resource officer” means a certified law-enforcement officer hired by the local law-enforcement agency to provide law-enforcement and security services to Virginia public elementary and secondary schools.

What do school resource officers do?

In accordance with the statutory definition, SROs provide law-enforcement and security services in Virginia public elementary and secondary schools. The specific duties and responsibilities, as well as basic operational procedures, are typically defined in a Memorandum of Understanding (MOU) or other written agreement between the school division and the local law enforcement agency.

The Virginia SRO program model identifies the primary role as law enforcement, which includes crime prevention and school safety activities. Additional recognized roles include law-related educator, community liaison (especially related to the juvenile justice system), and role model.

A study conducted in fall 2006, found that there were 574 SROs employed by 137 local law enforcement agencies throughout Virginia. SROs are assigned to about 95 percent of high schools and about 74 percent of middle schools.

Additional information about SRO programs can be obtained from the Virginia Center for School Safety.

What is a school security officer?

School security officer (SSO) is defined in Code of Virginia § 9.1-101 as:

"School security officer" means an individual who is employed by the local school board for the singular purpose of maintaining order and discipline, preventing crime, investigating violations of school board policies, and detaining students violating the law or school board policies on school property or at school-sponsored events and who is responsible solely for ensuring the safety, security, and welfare of all students, faculty, staff, and visitors in the assigned school.

What do school security officers do?

In accordance with the statutory definition, SSOs have a primary responsibility to maintain order and discipline. SSOs are employed by the school division and their specific duties and responsibilities are prescribed by the employer.

Examples of typical SSO tasks include patrolling school buildings and grounds to ensure compliance with school rules and regulations, greeting visitors to ensure compliance with established visitor procedures, reporting any out-of-the-ordinary incidents or conditions, reporting school conduct violations and crimes in accordance with school policies and state laws, taking authorized action to protect persons and property, and participating in school safety and crisis response planning and action.

SSOs must meet requirements for SSO Certification issued through the Virginia Department of Criminal Justice Services.

Additional information about SSO Certification Program can be obtained from the Virginia Center for School Safety.

How do the roles of SROs and SSOs compare?

Roles of the SSO and the SRO are compared in the table below:

School Resource Officer	School Security Officer
1. A law enforcement agency employee	1. A school employee
2. Complying with federal state and local statutes	2. Complying with and guided by local school policies and regulations
3. Functions under the direction of law enforcement command	3. Functions under the direction of local school principal or designee
4. Assigned to school and community activities	4. Primarily assigned to school campus activities
5. Responsible for enforcing state law	5. Responsible for enforcing school policy
6. Responsible for custody and arrest in conformance with law	6. Responsible for detaining individuals
7. Search must be in accordance with state and federal law; search typically requires probable cause	7. Can search students and others based upon reasonable suspicion
8. Laws and custody requirement procedures apply	8. May detain and question students
9. Act under the standards of law	9. Act in absence of parents (in loco parentis)
10. Use of force is permissible as guided by department policy	10. Use of force should be limited and only used in accordance with local school policy

Threat Assessment

What is a student “threat assessment?”

According to the Virginia Youth Violence Project at the University of Virginia, “Threat assessment is a process of evaluating the threat, and the circumstances surrounding the threat, in order to uncover any facts or evidence that indicate the threat is likely to be carried out.” Threat assessment is about whether a student poses a threat, not whether the student had made a threat, and includes efforts to prevent the threat from being carried out.

For a brief description of threat assessment, see Virginia Model for Student Threat Assessment (PDF). More in-depth information is available from the Virginia Youth Violence Project.

Threat assessment is an approach to violence prevention originally developed by the U.S. Secret Service after a series of school shootings. In 2002, a joint report of the U.S. Secret Service and Department of Education entitled The Final Report and Findings of the Safe School Initiative: Implications for the Prevention of School Attacks in the United States (PDF) recommended that schools train threat assessment teams in order to respond to student threats of violence.

Why should a school establish a process for threat assessment?

The primary reasons for student threat assessment are to:

1. reduce risk of violence;
2. ensure a prepared response;
3. reduce liability exposure; and
4. instill public confidence that schools can keep students safe.

What does a student “threat assessment” involve?

The basic threat assessment process steps are as follows:

1. Evaluate threat.
2. Decide whether threat is clearly transient or substantive.
3. If threat is transient, respond appropriately (e.g., reprimand or other disciplinary action)
4. If substantive, decide whether serious or very serious.
5. If substantive and serious, respond – immediate precautions to protect potential victim(s), notify parents, consider contacting law enforcement, refer student for appropriate intervention, and take appropriate disciplinary action.
6. If substantive and very serious, conduct a safety evaluation - immediate precautions to protect potential victim(s), consult with law enforcement, notify parents, begin a mental health evaluation, take appropriate disciplinary action.
7. Implement a safety plan – written plan; maintain contact with student; revise plan as needed.

It important that all threats are treated seriously.

Conducting a student threat assessment requires preparation and appropriate training. More in-depth information is available from the Virginia Youth Violence Project.