School administrators must continue to work toward keeping Virginia schools safe; that is, to continue to provide an environment of safety -- a place where teachers can teach and students can learn without disruption.

To ensure school safety, the courts have sought a balance between the constitutional rights of students and the need for safety and freedom from school violence. At this time, the balance leans toward safety and against any extension of constitutional rights currently enjoyed by students.

It is vitally important to remember that education is almost exclusively a matter of state laws. It seldom involves Federal powers, except for the Federal courts' interpretations of constitutional protections within the school setting. While Federal decisions apply nationwide and serve as boundaries of permissible state and local actions, they do not take the place of an understanding of the many legal issues that are mainly a function of state and locality laws.

These guidelines are intended for use as technical assistance by local school officials to develop local policies and practices. These guidelines are not regulatory and do not replace local discretion. The guidelines cannot and do not address all possible issues that could develop as a result of student searches. It is important that school divisions continue to assure that related local policy and practice is in compliance with state and federal laws and constitutional principles.