General rules

School staff may only check students’ belongings if clear arrangements have been made in advance. In general, the following rules apply:

  • Privacy is important. Students have a right to privacy. The school may not conduct checks arbitrarily.
  • Announce the rules in advance. The school must state in the school guide or other public documents:
    • that checks may be carried out
    • what may be checked
    • how checks are carried out (for example, preventively or in cases of suspicion)
    • who the school cooperates with (such as the police or youth workers)

Without these arrangements, the school may not carry out checks. That is why it is important that parents and students always know that checks are a possibility.

Checking lockers

School lockers are the property of the school, not the student. Therefore, they may be checked if this is properly regulated in the school rules. Consider the following:

  • Permission. You may check lockers if this has been announced in advance in the school regulations. In addition, you can include these checks in the locker rental agreement.
  • Contents of lockers. If personal belongings such as coats or bags are inside, their contents may only be inspected with the student’s permission or in the student’s presence. See also the following paragraph: ‘Checking coats, bags and vehicles’.
  • With or without the police. School staff may carry out preventive checks. The police may only conduct a check if a criminal offence is involved. The police may, however, be present in the background during a check carried out by the school.

Checking coats, bags and vehicles

Students’ coats, bags and vehicles are part of their personal sphere of privacy. As a school, you may therefore not check them without further ado:

  • Permission is required. These belongings may only be checked with the student’s permission or in the student’s presence. If the student does not give permission, the belongings may not be checked.
  • Searching people is not permitted. School employees may not conduct physical searches; in other words, you may not touch the student’s clothing or body. Only the police may conduct a physical search if there is suspicion of a criminal offence.

Checking for drugs, weapons, alcohol and fireworks

Act carefully if you find prohibited items during a check, such as weapons, drugs, alcohol or fireworks. You may not simply touch the prohibited items; take photographs of them first. The following matters are also important:

  • Drugs and weapons. These are prohibited by law. If you find them, you must immediately contact the police. Inform your community police officer in advance if you are going to carry out a check, so that the police can act immediately if necessary.
  • Alcohol and tobacco. Alcohol and tobacco are prohibited for children under the age of 18. Schools may apply stricter rules, such as having a completely alcohol-free and smoke-free site.
  • Fireworks. These are prohibited because of the danger and associated risks, such as injury, fire hazards, unrest at school and vandalism. Be especially vigilant between November and January and, if necessary, carry out preventive checks more frequently. Inform your community police officer in advance if you are going to carry out a check. The police can then act immediately if necessary.
  • Use of sniffer dogs. This is only permitted in cases of serious suspicion and must be clearly included in the school rules.
  • Alcohol or drug testing. Conducting alcohol or drug tests at school is in principle not permitted. The result of such a test is considered health data under the GDPR. It may only be processed if there is an explicit legal basis. No such basis exists within education. It is therefore more advisable to opt for clear codes of conduct and, for example, a zero-tolerance policy. Also read the article: Alcohol and drug policy in education: Zero-tolerance policy is the best option from the SchoolManagement magazine.
  • Sanctions. The school decides for itself which sanctions will follow when school rules have been violated. Examples of sanctions include suspension, temporary expulsion from school or being barred from taking part in school activities. In the case of criminal offences, the criminal-law process applies.

Practical implementation of checks

Clear communication is very important. Inform students and parents in advance, for example through the school guide, about the possibility of checks. Also inform them afterwards about each individual check. Keep the following in mind:

  • Preferably announced in advance. Announced checks provide clarity and result in fewer complaints, but may be less effective.
  • Check in the presence of the student. This prevents discussions and increases transparency.
  • Use gloves. Wear them when touching prohibited items: for hygiene and to avoid leaving DNA behind.
  • Always have at least two inspectors. This ensures reliability and safety.

After the check

School & Veiligheid also offers several tips for after the check:

  • Registration. Record the process and outcome of the check.
  • Discussing findings. Discuss them immediately with the student involved, the parents and, if applicable, the police or youth worker.
  • Sanctions. The school decides for itself which sanctions to impose, such as suspension or exclusion from activities. In the case of criminal offences, the criminal-law process applies.
  • Evaluation. Evaluate after each check in order to make improvements.