San Jose, CA asked in Education Law for California

Q: Can an admin at a private school legally go through your stuff without a reason ?

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3 Lawyer Answers

A: Most private schools require, as a condition of admission, that students and their parents consent to allow searches of the student, their belongings, and their lockers.

Tim Akpinar agrees with this answer

James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: In California, private schools, unlike public schools, are not bound by the Fourth Amendment in the same way. However, many private schools have their own policies and guidelines outlined in their handbooks or enrollment contracts regarding searches of students' belongings. While the legal standard of "reasonable suspicion" that applies in public schools doesn't necessarily apply in the same manner to private schools, the school's actions should be consistent with its own policies or any agreements they have with students and parents. If a private school conducts a search that is contrary to its stated policies or is excessively invasive given the circumstances, the school could potentially face legal challenges or claims from students or their parents. Always review the specific contract or agreement you've entered into with the private school to understand your rights and the school's responsibilities.

Tim Akpinar agrees with this answer

Tim Akpinar
Tim Akpinar
Answered
  • Little Neck, NY

A: They usually can, and it might be outlined in their policies. Good luck

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