School Policing

Student Searches

As provided for by §22.1-279.7 of the Code of Virginia and Henry County School Board Policy JFG, school authorities may search a student, student belongings, student lockers, and student automobiles when the school authorities have a “reasonable suspicion” to believe that the student has violated or is about to violate the law or school rule and that the search will yield evidence of the violation. This is intended to protect the health, safety, and welfare of students and staff members.

The following types of searches, insofar as they are justified at their inception, are permitted by a standard of “reasonable suspicion”:

• Personal searches of student and student’s personal belongings (purse, book bag, coat, etc.)
• Lockers and desks, which are the property of the school
• Automobiles, which are permitted to be parked on school property as a privilege
• Computers, software, and internet access, which are the property of the school
• Consent searches, when a student gives consent willingly and understands consent

In the event that a properly conducted search yields illegal or contraband materials, such as drugs, alcohol, tobacco, or weapons, such findings will be turned over to proper legal authorities.

Questioning of Students

When there is a need to investigate an incident, school administrators and school resource officers (SROs) have the authority to question students with or without consent from the students’ parents or legal guardians. For school administrators, there is no standard that must be met before a student can be questioned. For SROs, there is an expectation that the matter being investigated is a violation of the law or presents a real concern for the health, safety, and welfare of students and/or staff.

When an SRO questions a student and has reason to suspect the student has violated the law and the SRO is detaining the student, the student must be given notice of his rights. In these rare circumstances, the school is required to notify the parent or legal guardian of the student’s contact with law enforcement personnel, but the school is not required to notify the parent or legal guardian before the student is questioned or to delay the questioning of the student until the parent or legal guardian can be present.

Reports to Law Enforcement

The following offenses are required by §22.1-279.3:1.A of the Code of Virginia to be reported to law enforcement:

• Assault or assault and battery or any offense that results in the sexual assault, death, shooting, stabbing, cutting or wounding of any person or stalking of any person
• Conduct involving alcohol, marijuana, synthetic cannabinoids, a controlled substance, imitation controlled substance, anabolic steroids, or the theft or attempted theft of prescription medications on school property or a school-sponsored activity
• Any threats against school personnel
• Illegal carrying of a firearm, or any illegal conduct involving firebombs, explosive materials or devices, hoax explosive devices, or chemical bombs
• Any threats or false threats to bomb made against school personnel or involving school property or a school-sponsored activity