Can Schools Search Your Child in Texas?

With the recent implementation of the Texas House Bill 1481, which involves the use of cell phones on school property, you might find yourself in a situation where your child on campus.

Can they do this? How common is it for schools to search your child? Can they do this without parental consent?

Schools Must Have Reasonable Suspicion to Search Minors

Schools do have the authority to search a student's belongings, but the search must meet a legal standard called reasonable suspicion.

School officials must have a specific reason to believe there's evidence of a rule violation or crime in your child's possession — such as drugs, stolen property, or a weapon. They cannot search at random or out of curiosity.

For example, New Jersey v. T.L.O., a school staff member searched a student's purse after they caught her smoking in a school bathroom. In addition to finding cigarettes, the search also revealed drug paraphernalia.

After the student was charged with delinquency, her attorney argued that continuing the search after finding the cigarettes was a violation of her Fourth Amendment rights. The evidence of drug use and sales should be thrown out as it was a part of the initial suspicion.

While the court acknowledged students don't waive their right to privacy under the U.S. Constitution in school, there needs to be a balance in a school environment that's suitable for learning. This is where the origin of reasonable suspicion came from.

The Standard for Law Enforcement

If a police officer is involved in the search, the standard changes. Law enforcement officers must practice probable cause to conduct a search.

Probable cause is a higher legal standard than reasonable suspicion. It means there must be clear, factual evidence to believe a crime has been committed. The evidence of that crime must be found where they're searching.

What Happens If Your Child Gives Consent?

If your child gives the school or an officer permission to be searched, none of these legal standards apply. This is often the biggest advice defense attorneys in Williamson County provide — don't consent to a search. By doing so, you give up the constitutional protections designed to protect your rights.

On Cell Phone Searches and the New Texas Law

In 2025, Texas House Bill 1481 added a new layer to the conversation about student rights at school.

This law requires all Texas school districts to adopt and enforce a policy prohibiting the use of personal communication devices — like cell phones, tablets, and smartwatches — during the school day.

Each district must have a written policy in place by September 18, 2025, either:

• Prohibiting students from bringing personal devices to school entirely, or
• Providing a secure way to store them during the school day.

Districts must also include disciplinary consequences for violations, such as device confiscation. After 90 days, unclaimed devices may be disposed of—but only after written notice is sent to a parent or guardian.

What This Means for Students and Parents

While the new law focuses on restricting use, it also has implications for searches. If a school confiscates a device under the new policy, that doesn’t automatically give staff the right to search the contents of the phone.

Under both Texas law and federal constitutional protections, the contents of a student’s cell phone remain private. To search what’s inside, schools or officers would still need:

• Reasonable suspicion (for school officials) that the phone contains evidence of a school rule or legal violation, or
• Probable cause (for law enforcement) if it’s part of a criminal investigation.

If a student consents to a phone search, those protections no longer apply — just like with a backpack or locker. That’s why parents should talk to their children about never agreeing to a phone search without first contacting a parent or attorney.

Exceptions to the Rule

There are a few important exceptions under HB 1481. Students may still be allowed to use personal devices if:

• It’s required under an Individualized Education Program (IEP) or Section 504 plan
• A physician’s directive authorizes use for a documented medical need
• It’s necessary for health, safety, or emergency protocols

Advice for Parents

As a defense attorney, I always tell parents to talk to their children about their rights. It’s important for kids to understand that:

• They can respectfully decline a search if asked for consent.
• They should remain calm and polite, even if they feel pressured.
• They should immediately inform a parent or guardian if a search occurs.

Understanding these boundaries helps protect students’ rights while maintaining respect for school authority.

At the end of the day, I tell my own children the same thing I tell my clients: know your rights and never give them up without understanding what you’re agreeing to.

Knowledge of these rules isn't just power, but protection of your rights. If you or a loved one are in need of reliable defense, contact our office today to explore your options. We can sort through your case together and plan the best path forward.