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House File 331

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PAG LIN
  1  1                                            HOUSE FILE 331
  1  2 
  1  3                             AN ACT
  1  4 RELATING TO THE AUTHORIZATION OF SCHOOL OFFICIALS TO 
  1  5    CONDUCT SEARCHES OF STUDENTS, STUDENT PROTECTED AREAS, 
  1  6    LOCKERS, DESKS, AND OTHER FACILITIES AND SPACES AND 
  1  7    INCLUDING EFFECTIVE AND APPLICABILITY PROVISIONS. 
  1  8 
  1  9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 
  1 10 
  1 11    Section 1.  Section 808A.1, subsection 1, paragraph d, Code
  1 12 1997, is amended by striking the paragraph.
  1 13    Sec. 2.  Section 808A.1, subsection 5, Code 1997, is
  1 14 amended to read as follows:
  1 15    5.  "Student search rule" means a rule established by the
  1 16 school board of a public school, pursuant to section 279.8 or
  1 17 279.9, or the authorities in charge of a nonpublic school
  1 18 controlling the manner of the searching of students or
  1 19 protected student areas and school lockers, desks, and other
  1 20 facilities or spaces owned by the school.  A student search
  1 21 rule, to be valid for purposes of this chapter, must shall
  1 22 require that all searches of students or protected student
  1 23 areas be reasonable reasonably related in scope to the
  1 24 circumstances which gave rise to the need for the search and
  1 25 shall be based upon consideration of relevant factors which
  1 26 include, but are not limited to, the following:
  1 27    a.  The seriousness nature of the violation for which a the
  1 28 search may be is being instituted.
  1 29    b.  The age or ages and gender of the students which who
  1 30 may be searched pursuant to the rule.
  1 31    c.  The information or suspicion which must exist to
  1 32 warrant the institution of a objectives to be accomplished by
  1 33 the search.
  1 34    Sec. 3.  Section 808A.2, subsection 1, Code 1997, is
  1 35 amended by striking the subsection and inserting in lieu
  2  1 thereof the following:
  2  2    1.  The school board of each public school and the
  2  3 authorities in charge of each nonpublic school shall establish
  2  4 and may search a student or protected student area pursuant to
  2  5 a student search rule.  The student search rule shall be
  2  6 published in each public school's and each nonpublic school's
  2  7 student handbook.  A school official may search individual
  2  8 students and individual protected student areas if both of the
  2  9 following apply:
  2 10    a.  The official has reasonable grounds for suspecting that
  2 11 the search will produce evidence that a student has violated
  2 12 or is violating either the law or a school rule or regulation.
  2 13    b.  The search is conducted in a manner which is reasonably
  2 14 related to the objectives of the search and which is not
  2 15 excessively intrusive in light of the age and gender of the
  2 16 student and the nature of the infraction.
  2 17    Sec. 4.  Section 808A.2, subsection 2, Code 1997, is
  2 18 amended to read as follows:
  2 19    2.  Notwithstanding subsection 1, paragraphs "a" through
  2 20 "c", as they apply to searches of protected student areas,
  2 21 school School officials may conduct periodic inspections of
  2 22 all, or a randomly selected number of, school lockers, desks,
  2 23 and other facilities or spaces owned by the school and
  2 24 provided as a courtesy to a student.  The furnishing of a
  2 25 school locker, desk, or other facility or space owned by the
  2 26 school and provided as a courtesy to a student shall not
  2 27 create a protected student area, and shall not give rise to an
  2 28 expectation of privacy on a student's part with respect to
  2 29 that locker, desk, facility, or space.  Allowing students to
  2 30 use a separate lock on a locker, desk, or other facility or
  2 31 space owned by the school and provided to the student shall
  2 32 also not give rise to an expectation of privacy on a student's
  2 33 part with respect to that locker, desk, facility, or space.
  2 34 However, each year when school begins, the school district
  2 35 shall provide written notice to each student, and the adult
  3  1 who enrolls the student at the school, all students and the
  3  2 students' parents, guardians, or legal custodians, that school
  3  3 officials may conduct periodic inspections of all school
  3  4 lockers, desks, and other facilities or spaces owned by the
  3  5 school and provided as a courtesy to a student without prior
  3  6 notice.  An inspection under this subsection shall either
  3  7 occur in the presence of the students whose lockers are being
  3  8 inspected or the inspection shall be conducted in the presence
  3  9 of at least one other person.
  3 10    Sec. 5.  Section 808A.2, subsection 5, Code 1997, is
  3 11 amended by striking the subsection and inserting in lieu
  3 12 thereof the following:
  3 13    5.  If a student is not or will not be present at the time
  3 14 a search of a student protected area is conducted pursuant to
  3 15 subsection 1, the student shall be informed of the search
  3 16 either prior to or as soon as is reasonably practicable after
  3 17 the search is conducted.
  3 18    Sec. 6.  EFFECTIVE DATE – APPLICABILITY.  This Act, being
  3 19 deemed of immediate importance, takes effect upon enactment.
  3 20 Notwithstanding the timing of the notice requirements in
  3 21 section 4 of this Act, a school district may conduct periodic
  3 22 inspection of school lockers, desks, or other facilities or
  3 23 spaces if the school district sends a notice to all students
  3 24 and the students' parents, guardians, or legal custodians
  3 25 prior to commencing any inspections.  
  3 26 
  3 27 
  3 28                                                             
  3 29                               RON J. CORBETT
  3 30                               Speaker of the House
  3 31 
  3 32 
  3 33                                                             
  3 34                               MARY E. KRAMER
  3 35                               President of the Senate
  4  1 
  4  2    I hereby certify that this bill originated in the House and
  4  3 is known as House File 331, Seventy-seventh General Assembly.
  4  4 
  4  5 
  4  6                                                             
  4  7                               ELIZABETH ISAACSON
  4  8                               Chief Clerk of the House
  4  9 Approved                , 1997
  4 10 
  4 11 
  4 12                         
  4 13 TERRY E. BRANSTAD
  4 14 Governor
     
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