I. PURPOSE
The purpose of this policy is to provide guidelines for student use and parking of motor vehicles in school district locations, to maintain order and discipline in the Moorhead Area Public Schools and to protect the health, safety and welfare of students, school personnel, and the general public.
II. GENERAL STATEMENT
The policy of the Moorhead Area Public Schools is to allow the limited use and parking of motor vehicles by students in school district locations. The position of the school district is that a fair and equitable districtwide student motor vehicle policy will contribute to the quality of the student's educational experience, will maintain order and discipline in the schools, and will protect the health, safety and welfare of students and school personnel. This policy applies to all students in the school district.
III. DEFINITIONS
A. "Contraband" means any unauthorized item, possession of which is prohibited by school district policy and/or law. It includes but is not limited to weapons and "look-a-likes," alcoholic beverages, controlled substances and "look-a-likes," overdue books and other materials belonging to the school district, and stolen property.
B. "Reasonable suspicion" means that a school official has grounds to believe that the search will result in evidence of a violation of school district policy, rules, and/or law. Reasonable suspicion may be based on a school official's personal observation, a report from a student, parent, or staff member, a student's suspicious behavior, a student's age, and past history or record of conduct both in and out of the school context, or other reliable sources of information.
C. "Reasonable scope" means that the scope and/or intrusiveness of the search is reasonably related to the objectives of the search. Factors to consider in determining what is reasonable include the seriousness of the suspected infraction, the reliability of the information, the necessity of acting without delay, the existence of exigent circumstances necessitating an immediate search and further investigation (e.g. to prevent violence, serious and immediate risk of harm or destruction of evidence), and the age of the student.
D. "School district location" means property owned, rented, leased, or borrowed by the school district for school purposes, as well as property immediately adjacent to such property that may be used for parking or gaining access to such property. A school district location also shall include off-school property at any school-sponsored or school-approved activity, event, or function, such as a field trip or athletic event, where students are under the jurisdiction of the school district.
IV. STUDENT PARKING OF MOTOR VEHICLES IN SCHOOL DISTRICT LOCATIONS
A. Students are permitted to park in a school district location as a matter of privilege, not of right. Students driving motor vehicles to Moorhead High School may park the motor vehicle in the parking lot designated for student parking only. Students will not park vehicles in driveways or in other designated areas (e.g. staff, visitors, or busing lanes).
B. When there are unauthorized vehicles parked on school district property, school officials may:
1. move the vehicle or require the driver or other person in charge of the vehicle to move it off school district property; or
2. if unattended, provide for the removal of the vehicle, at the expense of the owner or operator, to the nearest convenient garage or other places of safety off of school district property.
V. PATROLS, INSPECTIONS AND SEARCHES
Lead building administrators may conduct routine patrols of student parking lots and other school district locations and routine inspections of the exteriors of the motor vehicles of students. In addition, the interiors of motor vehicles of students in school district locations may be searched when school officials have a reasonable suspicion that the search will uncover a violation of law and/or school policy or rule.
A. Patrols and Inspections
School officials may conduct routine patrols of student parking lots and other school district locations and routine inspections of the exteriors of the motor vehicles of students. Such patrols and inspections may be conducted without notice, without student consent, and without a search warrant.
B. Search of Interior of Student Motor Vehicle
The interiors of motor vehicles of students in school district locations, including glove or trunk compartments, may be searched when school officials have a reasonable suspicion that the search will uncover a violation of law and/or school policy or rule. The search will be reasonable in its scope and intrusiveness. Such searches may be conducted without notice, without consent, and without a search warrant. A student will be subject to withdrawal of parking privileges and to discipline if the student refuses to open a locked motor vehicle under the student's control or its compartments upon the request of a school official.
C. Prohibition of Contraband and Interference with Patrols, Inspections, Searches, and/or Seizures
A violation of this policy occurs when students store or carry contraband in motor vehicles in a school district location or interfere with patrols, inspections, searches, and/or seizures as providedby this policy.
D. Seizure of Contraband
If a search yields contraband, school officials will seize the item and may turn it over to legal officials for ultimate disposition when appropriate.
E. Dissemination of Policy
A copy of this policy will be printed in the student handbook or disseminated in any other way which school officials deem appropriate.
VI. STUDENT USE OF MOTOR VEHICLES
Students are permitted to use their vehicles during assigned lunch periods for off-campus purposes or for off-campus school programs during assigned times. Operating a motor vehicle on school property is a privilege, not a right, and necessitates safe driving in accordance with the law and conditions.
VII. VIOLATIONS
A student found to have violated this policy and/or the directives and guidelines implementing it shall be subject to withdrawal of parking privileges and/or to discipline in accordance with the school district's Student Discipline Policy, which may include towing of the vehicle, suspension, exclusion, or expulsion. In addition, the student may be referred to legal officials when appropriate.
Legal References:
U. S. Const., amend. IV
Minn. Const., art. I, 10
Minn. Stat. 123B.02, Subds. 1 and 5 (General Powers of Independent School Districts)
Minn. Stat. sect 123B.3B.38 (Hearing)
New Jersey v. T.L.O., 469 U.S. 325, 105 S.Ct 733, 83 L.Ed.2d 720 (1985
Cross References:
Moorhead School Board Policy 420: Chemical Use and Abuse
Moorhead School Board Policy 551: Student Discipline
Moorhead School Board Policy 572: Drug-Free Workplace/Drug-Free School
Moorhead School Board Policy 574: Search of Student Lockers, Desks, Personal Possessions, and Student's Person
Moorhead School Board Policy 576: Moorhead Area Public School District Weapons
Moorhead School Board Policy 712: Safety and Security Technology
MSBA/MASA Model Policy 527 (Student Use and Parking of Motor Vehicles; Patrols, Inspections, and Searches)