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3230 Policy – Student Privacy and Searches

3230 Policy – Student Privacy and Searches

Searches of Students and Personal Property

Personal privacy is a fundamental aspect of individual liberty. All students possess the constitutional right to be secure in their persons, papers and effects against unreasonable searches and seizures. Staff will take particular care to respect students’ privacy.

School officials have authority to maintain order and discipline in the schools and to protect students from exposure to illegal drugs, weapons and contraband. The superintendent, the principal and other staff designated by the superintendent have the authority to conduct reasonable searches on school property in accordance with the law.

Any authorized school official will conduct searches according to the procedure associated with this policy.

Student Privacy

Adult Students, Emancipated Minors and Confidential Health Information

State law provides that at certain ages, students attain the right to decide for themselves what records will remain confidential, even from their parents/guardians, and what activities the student will participate in. At age 18 students become legal adults and must approve any disclosure of information about themselves from school records, except directory information if a request for confidentiality has not been filed. Students at age 18 may also sign releases, authorizations or permission slips to participate in school activities, and may sign themselves out of school and authorize their own absences.

Students between 16 and 18 who have been granted legal emancipation from their parents/guardians have the same rights as 18-year-old students.

Students over 14 years of age have confidentiality rights in records indicating that they have been tested or treated for a sexually transmitted disease. Students 13 years and older have confidentiality rights in records regarding drug, alcohol or mental health treatment.

All students have confidentiality rights in family planning or abortion records.


Cross References:

Policy 2022 - Electronic Resources

Policy 3245 - Students and Telecommunications Devices

Policy 3414 - Infectious Diseases

Legal References:

34 CFR  99.5 What are the rights of students

42 CFR  2.14 Minor patients

RCW 9.02.100 Reproductive privacyPublic policy

RCW 13.64.060 Power and capacity of emancipated minor

RCW 28A.320.040 Bylaws for board and school government

RCW 28A.600.020 Exclusion of student from classroom  Written disciplinary procedures  Long-term suspension or expulsion

RCW 28A.600.210-240 School locker searchesFindingsNo expectation of privacyAuthorizationLimitationsNotice and reasonable suspicion requirements

RCW 70.02.220 Sexually transmitted diseasesPermitted and mandatory disclosures

RCW 70.02.240 Mental health servicesMinorsPermitted disclosures

RCW 70.02.265 Adolescent behavioral health servicesDisclosures of treatment information and recordsRestrictions and requirements

Management Resources:

Policy News, December 2022 Searches of Students Understanding the Meaning of ‘Reasonable Suspicion’ on Campus

Policy News, June 1999 School Safety Bills Impact Policy

 

Adopted: 7/29/14

Revised: 12/8/23

Superintendent or Board Approved: Superintendent Approved

 

  • Series 3000