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Text: HF00140                           Text: HF00142
Text: HF00100 - HF00199                 Text: HF Index
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House File 141

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 808A.1, subsection 1, paragraph d, Code
  1  2 1997, is amended by striking the paragraph.
  1  3    Sec. 2.  Section 808A.2, subsection 1, Code 1997, is
  1  4 amended by striking the subsection and inserting in lieu
  1  5 thereof the following:
  1  6    1.  A school official may search individual students and
  1  7 individual protected student areas in either of the following
  1  8 situations:
  1  9    a.  If the official has reasonable grounds for suspecting
  1 10 that the search will produce evidence that a student has
  1 11 violated or is violating either the law or a school rule or
  1 12 regulation.
  1 13    b.  School officials may search more than one student or
  1 14 protected student area pursuant to a student search rule.  A
  1 15 student search rule allowing searches of more than one student
  1 16 or protected student area must be reasonably based on
  1 17 balancing the need for the search against any intrusion of a
  1 18 protected student area.  Any search conducted pursuant to this
  1 19 paragraph must be conducted in a manner reasonably related to
  1 20 the circumstances which justified the search.
  1 21    Sec. 3.  Section 808A.2, subsection 2, Code 1997, is
  1 22 amended to read as follows:
  1 23    2.  Notwithstanding subsection 1, paragraphs "a" through
  1 24 "c", as they apply to searches of protected student areas,
  1 25 school School officials may conduct periodic inspections of
  1 26 all, or a randomly selected number of, school lockers.  The
  1 27 furnishing of a school locker, desk, or other facility or
  1 28 space owned by the school and provided as a courtesy to a
  1 29 student shall not create a protected student area, and shall
  1 30 not give rise to an expectation of privacy on a student's part
  1 31 with respect to that locker, desk, facility, or space.
  1 32 Allowing students to use a separate lock on a locker, desk, or
  1 33 other facility or space owned by the school and provided to
  1 34 the student shall also not give rise to an expectation of
  1 35 privacy on a student's part with respect to that locker, desk,
  2  1 facility, or space.  However, each year when school begins,
  2  2 the school district shall provide written notice to each
  2  3 student, and the adult who enrolls the student at the school,
  2  4 all students and the students' parents, guardians, or legal
  2  5 custodians, that school officials may conduct periodic
  2  6 inspections of all school lockers without prior notice.  An
  2  7 inspection under this subsection shall only occur in the
  2  8 presence of the students whose lockers are being inspected.
  2  9    Sec. 4.  Section 808A.2, subsection 5, Code 1997, is
  2 10 amended by striking the subsection.  
  2 11                           EXPLANATION
  2 12    The bill amends chapter 808A to establish school authority
  2 13 to conduct student and locker searches.  The amendments
  2 14 provide that student lockers owned and furnished by a school
  2 15 and provided as a courtesy to the student are not
  2 16 characterized as protected student areas, and their use or use
  2 17 of a separate lock does not give rise to an expectation of
  2 18 privacy on the student's part.  School officials must provide
  2 19 written notice to a student and the student's parent,
  2 20 guardian, or custodian that the school may conduct periodic
  2 21 inspections of all school lockers without prior notification.
  2 22 The requirements that notice be provided to an adult who
  2 23 enrolls a student, and that the student be present during a
  2 24 locker search, are eliminated.  The reasonable and articulable
  2 25 suspicion standard is eliminated with regard to school
  2 26 official searches of individual students, substituting a
  2 27 reasonable grounds standard in its place.  Searches of more
  2 28 than one student or student area must be reasonably based on
  2 29 balancing the need for the search against any protected
  2 30 student area intrusion, and be conducted in a manner
  2 31 reasonably related to circumstances perceived as justifying
  2 32 the search.  
  2 33 LSB 1905HH 77
  2 34 lh/jj/8
     
Text: HF00140                           Text: HF00142
Text: HF00100 - HF00199                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index
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