Does the school have the right to go through a students

My guess is that it's in the school handbook what they can search, including phones, laptops and tablets. I agree there should be cause for a search and a parent should be notified, but I think for the overall safety of the students, school administrators should be able to search a students belongings if they bring them on campus.

During the Intermediate grades a form was sent home (that was a few years ago). This year there were no forms. Emergency contact information was given online. The information given was specific to phone numbers, email addresses, allergies, anyone other than parents allowed to pick up our child.
DS schedule was available online the day prior to school starting, and the morning of the first day of school.

A school administrator has more rights to search students than law enforcement. School officials are acting in loco parentis and are allowed to take actions that are necessary to protect the health and well-being of any student in their care. However, that right is not unlimited, and cell phone searches are not a slam dunk. NN v. Tunkhanock. GC v. Owensboro

The basic question is reasonableness of the search, and there are very few instances where there is an IMMEDIATE need to search a cell phone.

As for whether or not the school can force students to sign away their rights to be free of unlawful searches by putting a notice in the handbook, I would come down on the side of "no." Students are required by law to attend school, and you cannot compel someone to do something and then force them to sign away their constitutional rights. Even if the student is beyond the age of compulsory attendance, you cannot offer a public education conditional on signing away your rights. School officials may be able to confiscate a cell phone for a short period of time if there is a prohibition about having them in school because the act of having the prohibited property is a violation of school rules, and administrators generally have a lot of leeway in enforcing those kinds of rules intended to prevent disruption. However, unless there is some immediate need to see the contents, they cannot look at what is stored on the phone. They cannot get around this legal standard by saying "but you consented in the handbook." The student has no choice but to accept what is in the handbook or be removed from the school, and giving up your legal rights must be free and voluntary.

Of course, none of this applies to a private school becauses those officials are not "state actors" and are not bound by the Constitution. The student voluntarily gives up those rights if the consent is given as part of the contract between the school and student.

The courts have ruled that students do not have the same expectations of privacy when at school. Regardless of what your handbook states, I don't see how you could win that battle if it ever went as far as legal action.

I would assume that the school wouldn't have a need to go through a student's phone without some kind of speculation that there was an issue/problem.  I think a school should have the ability to do that - while a student is on campus.

Even if the kid has done something they shouldn't have (such as forwarding nude photos and such) after hours, I think the school should still be held accountable in whatever form of reprimand that may be.  The problem could effect other students, the school be held liable if they knew of a problem and did nothing.

The high school my son went to distributed a Student Handbook at the beginning of every academic year. The student and parents were responsible to read and sign an acknowledgement.

The policy on cell phones is that they were to be turned off and kept in the students locker. If a student was caught using a cell phone during the day, it was confiscated and the student would receive detention.

From the manual regarding searches-


"1. Student property such as cars, book bags, athletic bags, and clothing on school grounds or in the school environment can be searched by school administrators when there is reasonable suspicion that the student may be in possession of a substance or item that is illegal, forbidden by school policy, or a threat to the safety and well-being of any members
of the school community.

2. School Environment will mean within or on school property, parking areas, and/or at school sanctioned or supervised activities, including on school grounds, school buses, at functions held on school grounds, at extra-curricular activities held on or off school grounds, on field trips, and at functions held at the school in the evening.

3. Lockers are school property and may be searched or inspected by administrators at any time, with or without cause.

4. Seizure of Items. School administrators will seize any illegal, inappropriate, or forbidden items discovered on school property and issue the appropriate consequences, including dismissal if warranted. School officials may involve local law enforcement if any search or inspection reveals any items that are illegal or that suggest illegal or criminal activity.

5. Parent Permission. School administrators are not obligated to obtain parental permission to conduct searches based on the criteria outlined above. When the situation permits, administrators may call parents as a courtesy. Cooperation is expected from parents.

6. Refusal of Search. Refusal of permission to search cars, bags, lockers, and clothing either by the student or by parent or guardian will require the immediate dismissal of the student from school. If school officials suspect illegal or dangerous items or criminal activity, the police may be notified.

This is a private school. If you don't want to abide by their rules, there is a waiting list of students who would be happy to comply and take your spot.

Some high school kids are simplifying felons.... maybe they should..
We once had a student accused of stealing and using a teacher's credit card.  Now this kid had been in trouble many times before and it was the parent's attitude that the school was out to het their precious little boy.  The parents were called in and gave permission to the principal'to search his wallet.  There it was!!!

Here's DS's handbook policy