Text: HSB00659                          Text: HSB00661
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House Study Bill 660

Conference Committee Text

PAG LIN
  1  1    Section 1.  NEW SECTION.  280.24  PROCEDURES FOR REPORTING
  1  2 DRUG OR ALCOHOL POSSESSION OR USE.
  1  3    The board of directors of a public school shall prescribe
  1  4 procedures requiring school officials to report to local law
  1  5 enforcement agencies any alcohol or controlled substances
  1  6 possessed or used on school premises in violation of school
  1  7 policy or state law.
  1  8    Sec. 2.  Section 808A.1, subsection 1, paragraph d, Code
  1  9 Supplement 1995, is amended by striking the paragraph.
  1 10    Sec. 3.  Section 808A.2, subsection 1, Code Supplement
  1 11 1995, is amended by striking the subsection and inserting in
  1 12 lieu thereof the following:
  1 13    1.  A school official may search individual students and
  1 14 individual protected student areas in either of the following
  1 15 situations:
  1 16    a.  If the official has reasonable grounds for suspecting
  1 17 that the search will produce evidence that a student has
  1 18 violated or is violating either the law or a school rule or
  1 19 regulation.
  1 20    b.  School officials may search more than one student or
  1 21 protected student area pursuant to a student search rule.  A
  1 22 student search rule allowing searches of more than one student
  1 23 or protected student area must be reasonably based on
  1 24 balancing the need for the search against any intrusion of a
  1 25 protected student area.  Any search conducted pursuant to this
  1 26 paragraph must be conducted in a manner reasonably related to
  1 27 the circumstances which justified the search.
  1 28    Sec. 4.  Section 808A.2, subsection 2, Code Supplement
  1 29 1995, is amended to read as follows:
  1 30    2.  Notwithstanding subsection 1, paragraphs "a" through
  1 31 "c", as they apply to searches of protected student areas,
  1 32 school School officials may conduct periodic inspections of
  1 33 all, or a randomly selected number of, school lockers.  The
  1 34 furnishing of a school locker, desk, or other facility or
  1 35 space owned by the school and provided as a courtesy to a
  2  1 student shall not create a protected student area, and shall
  2  2 not give rise to an expectation of privacy on a student's part
  2  3 with respect to that locker, desk, facility, or space.
  2  4 However, the school district shall provide written notice to
  2  5 each student, and the adult who enrolls the student at the
  2  6 school, and the student's parent, guardian, or legal
  2  7 custodian, that school officials may conduct periodic
  2  8 inspections of all school lockers without prior notice.  An
  2  9 inspection under this subsection shall only occur in the
  2 10 presence of the students whose lockers are being inspected.
  2 11    Sec. 5.  Section 808A.2, subsection 5, Code Supplement
  2 12 1995, is amended to read as follows:
  2 13    5.  If a search pursuant to subsection 1 of a school
  2 14 locker, desk, or other facility or space issued or assigned
  2 15 to, or chosen by a student, reveals a violation of the law or
  2 16 the rules of the school regarding a dangerous weapon or
  2 17 controlled substance, the violation shall constitute
  2 18 reasonable grounds for future searches without advance notice
  2 19 to the student of the student's school locker, desk, or other
  2 20 facility or space issued or assigned to, or chosen by the
  2 21 student.  
  2 22                           EXPLANATION
  2 23    This bill establishes school authority to conduct student
  2 24 searches, locker searches, the reporting of alcohol and/or
  2 25 controlled substance possession or use.
  2 26    The bill directs public school boards of directors to
  2 27 prescribe procedures requiring school officials to report to
  2 28 local law enforcement agencies any alcohol or controlled
  2 29 substance possession or use on school premises violating
  2 30 school policy or state law.
  2 31    The bill provides that student lockers owned and furnished
  2 32 by a school and provided as a courtesy to the student, are not
  2 33 characterized as protected student areas, and their use does
  2 34 not give rise to an expectation of privacy on the student's
  2 35 part.  School officials must provide written notice to a
  3  1 student and the student's parent, guardian, or custodian that
  3  2 the school may conduct periodic inspections of all school
  3  3 lockers without prior notification.  The bill eliminates the
  3  4 requirements that notice be provided to an adult who enrolls a
  3  5 student, and that the student be present during a locker
  3  6 search.
  3  7    The bill also eliminates the reasonable and articulable
  3  8 suspicion standard with regard to school official searches of
  3  9 individual students, substituting a reasonable grounds
  3 10 standard in its place.  Searches of more than one student or
  3 11 student area must be reasonably based on balancing the need
  3 12 for the search against any protected student area intrusion,
  3 13 and be conducted in a manner reasonably related to
  3 14 circumstances perceived as justifying the search.  
  3 15 LSB 3471XL 76
  3 16 rn/cf/24.1
     

Text: HSB00659                          Text: HSB00661
Text: HSB00600 - HSB00699               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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