Text: HF00140 Text: HF00142 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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" through1 24"c", as they apply to searches of protected student areas,1 25schoolSchool 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 toeach2 3student, 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.An2 7inspection under this subsection shall only occur in the2 8presence 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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