{"id":290410,"date":"2025-10-09T22:57:12","date_gmt":"2025-10-09T22:57:12","guid":{"rendered":"https:\/\/www.europesays.com\/us\/290410\/"},"modified":"2025-10-09T22:57:12","modified_gmt":"2025-10-09T22:57:12","slug":"sdusd-wasnt-following-policy-to-document-all-student-searches-nbc-7-san-diego","status":"publish","type":"post","link":"https:\/\/www.europesays.com\/us\/290410\/","title":{"rendered":"SDUSD wasn\u2019t following policy to document all student searches \u2013 NBC 7 San Diego"},"content":{"rendered":"<p>The San Diego Unified School District is changing how it keeps records on student searches after a parent found out his son\u2019s school wasn\u2019t following the district\u2019s own policy. NBC 7 Investigates discovered the district didn\u2019t know how its more-than 200 schools documented searches, or whether they tracked them at all.<\/p>\n<p>With that lack of record-keeping for all searches, parents like Michael Stewart wondered if they were conducted legally.<\/p>\n<p>Stewart reached out to NBC 7 Investigates after the principal searched his son last spring at Patrick Henry High School, which is in the San Carlos area.<\/p>\n<p>\u201cI just didn\u2019t feel good about this,\u201d Stewart told us. \u201cHe\u2019d never been disciplined for anything formally. Never any principal-level counseling. He was what I\u2019d consider a good school citizen. &#8230;So it was like, \u2018Oh, I wonder what led to a search of my son?\u2019\u201d<\/p>\n<p>After not hearing from the school, Stewart reached out to the principal and school district leaders. He learned his son went to the parking lot to drop off a school ceramics project in his car during lunch hour. That\u2019s not something the school allows. As he walked back to the building, the principal stopped and searched him.<\/p>\n<p>\u201cThere was no contraband found. Nothing illegal found,\u201d Stewart said.<\/p>\n<p>\t\t\t\t\t\t<img decoding=\"async\" src=\"https:\/\/www.europesays.com\/us\/wp-content\/uploads\/2025\/10\/Patrick-Henry-High-School-San-Diego-Unified-School-Distirct.png\" loading=\"lazy\"   alt=\"This image shows Patrick Henry High School in 2025.\"\/><\/p>\n<p>\t\t\t\tNBC 7<\/p>\n<p>\t\t\tNBC 7<\/p>\n<p>This image shows Patrick Henry High School in 2025.<\/p>\n<p>\u201cIt is my personal opinion that what happened to my son borders on being illegal,\u201d said Stewart.<\/p>\n<p>Stewart has a pretty good understanding of searches. He\u2019s a retired Chula Vista police officer and teaches criminal justice at Grossmont College.<\/p>\n<p>A spokesman for San Diego Unified told NBC 7 the district stands by their search.<\/p>\n<p>However, when Stewart asked the district for records detailing all student searches, they told him they weren\u2019t tracking all searches, something their policy states they should be doing.<\/p>\n<p>\u201cIt\u2019s a great injustice to the students at the school, and to the families, just not knowing, \u2018Hey, what are they doing, when are they doing it, and how is it helping our students?\u2019\u201d Stewart told us.<\/p>\n<p><strong>What are students\u2019 rights at school?<\/strong><\/p>\n<p>The Constitution\u2019s Fourth Amendment protects students from unlawful search and seizure, even at school. Civil rights attorney Lauren Mellano said school officials don\u2019t need probable cause, but that doesn\u2019t mean they can search any student on a whim.<\/p>\n<p>School workers must meet the legal standard for reasonable suspicion before they can conduct a search, which is why she says school districts should want to keep solid records on when and why they search any student.<\/p>\n<p>\u201cMaking sure there are real bases for these searches is really important,\u201d Mellano said. \u201cThey can\u2019t just operate on a hunch. They can\u2019t just be curious. It can\u2019t be something so simple as, it looks like there\u2019s something in that backpack, so now I can search that backpack for drugs. There would need to be a reason to believe that a backpack has drugs in it.\u201d<\/p>\n<p>San Diego Unified\u2019s <a href=\"https:\/\/www.sandiegounified.org\/common\/pages\/GetFile.ashx?key=ss2uAeMz\" target=\"_blank\" rel=\"noreferrer noopener nofollow\">own policy<\/a> states they will, \u201cDocument or keep records on the basis for the search.\u201d We found that wasn\u2019t the case.<\/p>\n<p>\t\t\t\t\t\t<img decoding=\"async\" src=\"https:\/\/www.europesays.com\/us\/wp-content\/uploads\/2025\/10\/SDUSD-Search-Policy-Screenshot.png\" loading=\"lazy\"   alt=\"This section of the San Diego Unified School District\u2019s Policy concerning search and seizure explains record-keeping procedures.\"\/><\/p>\n<p>\t\t\t\tNBC 7<\/p>\n<p>\t\t\tNBC 7<\/p>\n<p>This section of the San Diego Unified School District\u2019s policy concerning search and seizure explains record-keeping procedures.<\/p>\n<p>NBC 7 Investigates requested records of all student searches from Patrick Henry High, which included information on the reason the search was conducted and what, if any, contraband was found. The district told us those records didn\u2019t exist and instead shared a database with demographic data for students who were suspended after administrators seized contraband.<\/p>\n<p>It didn\u2019t have information on whether a search was conducted, and if so, why or when a search took place, who performed it or even what contraband was seized.<\/p>\n<p>\u201cWhy would they not keep data points on when they are taking a student into a room to search them and then knowing what they find. Why don\u2019t they know that?\u201d Stewart said.<\/p>\n<p>NBC 7 Investigates sat down with Farshad Talebi. He runs the district\u2019s Office of Investigations, Compliance, and Accountability. He said there\u2019s an expectation that school administrators document searches but admits San Diego Unified doesn\u2019t know if that\u2019s happening district-wide.<\/p>\n<p>\u201cI didn\u2019t do an audit of every school and how they\u2019re documenting,\u201d Talebi said. \u201cSo that\u2019s where I don\u2019t necessarily feel comfortable saying some sites were doing it right, some sites were not doing it right.\u201d<\/p>\n<p>Talebi said parents are more concerned about safety, keeping dangerous drugs and weapons off school campuses.<\/p>\n<p>\u201cI guess, anecdotally, this hasn\u2019t been a primary concern for parents, concerns about their students being searched,\u201d Talebi told us.<\/p>\n<p>Despite the apparent inconsistencies, Talebi said parents shouldn\u2019t feel uneasy about whether administrators abided by their own search and seizure policies.<\/p>\n<p>\u201cI think some of that is trusting our leadership,\u201d Talebi told us. \u201cThat they\u2019re aware of their obligations and that we\u2019re always trying to do trainings to make sure they\u2019re following policies.\u201d<\/p>\n<p>But without those records, how can parents really know?<\/p>\n<p>\u201cOther people invading their own children\u2019s privacy, it\u2019s off-putting, right? It\u2019s disconcerting,\u201d Mellano said. \u201cEspecially if there isn\u2019t legitimate reasons to be doing that. I can see why people would be concerned.\u201d<\/p>\n<p><strong>The district\u2019s new system to document student searches<\/strong><\/p>\n<p>The school district will now be able to do more than just \u201ctrust\u201d that its leadership understands its search policy. The district told NBC 7 Investigates it created a new reporting system after Stewart contacted them.<\/p>\n<p>Principals must now fill out an electronic form every time a student is searched, no matter what they do (or don\u2019t) find. As of late September, administrators have to enter the reason for a search, who conducted it, what they found and information about the student\u2019s ethnicity and gender.<\/p>\n<p>\t\t\t\t\t\t<img decoding=\"async\" src=\"https:\/\/www.europesays.com\/us\/wp-content\/uploads\/2025\/10\/SDUSD-Student-Search-Form-Portion.png\" loading=\"lazy\"   alt=\"This image shows a portion of the electronic form administrators must now fill out to document all student searches.\"\/><\/p>\n<p>\t\t\t\tNBC 7<\/p>\n<p>\t\t\tNBC 7<\/p>\n<p>This image shows a portion of the electronic form that administrators must now fill out to document all student searches.<\/p>\n<p>Stewart told us the new reporting system is a step in the right direction. He also wants the district to analyze the search data yearly and share it online. The district told us it wouldn\u2019t do that.<\/p>\n<p>\u201cI know they can do better,\u201d Stewart said. \u201cThey should do better.\u201d<\/p>\n<p>The district doesn\u2019t have a written policy that mandates that administrators contact parents after their student is searched. However, a school district spokesperson told NBC 7 Investigates that administrators should be doing that anyway.<\/p>\n<p>Talebi said there aren\u2019t any plans to add parental notification to the policy.<\/p>\n<p><strong>Consenting to a search makes it legal<\/strong><\/p>\n<p>Mellano told us that students give up their Fourth Amendment rights if they consent to being searched by not objecting to a search out loud.<\/p>\n<p>\u201cThey do have rights,\u201d Mellano said. \u201cAnd stating affirmatively that they object to a search, that they\u2019re not consenting to a search, can be very helpful. Even if an administrator goes forward with that search, it would at least protect them legally later in a court.\u201d<\/p>\n","protected":false},"excerpt":{"rendered":"The San Diego Unified School District is changing how it keeps records on student searches after a parent&hellip;\n","protected":false},"author":3,"featured_media":290411,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5134],"tags":[5229,1582,276,3549,37947,7264,67,586,132,5230,68,2969],"class_list":{"0":"post-290410","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-san-diego","8":"tag-america","9":"tag-ca","10":"tag-california","11":"tag-san-diego","12":"tag-san-diego-unified-school-district","13":"tag-sandiego","14":"tag-united-states","15":"tag-united-states-of-america","16":"tag-unitedstates","17":"tag-unitedstatesofamerica","18":"tag-us","19":"tag-usa"},"share_on_mastodon":{"url":"https:\/\/pubeurope.com\/@us\/115346686544928270","error":""},"_links":{"self":[{"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/posts\/290410","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/comments?post=290410"}],"version-history":[{"count":0,"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/posts\/290410\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/media\/290411"}],"wp:attachment":[{"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/media?parent=290410"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/categories?post=290410"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/tags?post=290410"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}