Text: HF00330 Text: HF00332 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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,mustshall 1 22 require that all searches of students or protected student 1 23 areas bereasonablereasonably related in scope to the 1 24 circumstances which gave rise to the need for the search and 1 25shall bebased upon consideration of relevant factors which 1 26 include, but are not limited to, the following: 1 27 a. Theseriousnessnature of the violation for whichathe 1 28 searchmay beis being instituted. 1 29 b. The age or ages and gender of the studentswhichwho 1 30 may be searched pursuant to the rule. 1 31 c. Theinformation or suspicion which must exist to1 32warrant the institution of aobjectives 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" through2 20"c", as they apply to searches of protected student areas,2 21schoolSchool 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 toeach student, and the adult3 1who 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 ofallschool 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
Text: HF00330 Text: HF00332 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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