Text: HF00498 Text: HF00500 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 808A.1, subsection 5, Code 1999, is
1 2 amended to read as follows:
1 3 5. "Student search rule" means a rule established by the
1 4 school board of a public school, pursuant to section 279.8 or
1 5 279.9, or the authorities in charge of a nonpublic school
1 6 controlling the manner of the searching of students or
1 7 protected student areas and school lockers, desks, and other
1 8 facilities or spaces owned by the school. A student search
1 9 rule, to be valid for purposes of this chapter, shall require
1 10 that all searches of students or protected student areas be
1 11 reasonably related in scope to the circumstances which gave
1 12 rise to the need for the search and based upon consideration
1 13 of relevant factors which include, but are not limited to, the
1 14 following:
1 15 a. The nature of the violation for which the search is
1 16 being instituted.
1 17 b. The age or ages and gender of the students who may be
1 18 searched pursuant to the rule.
1 19 c. The objectives to be accomplished by the search.
1 20 However, a student search rule may include a drug and
1 21 alcohol testing program which shall be deemed valid if
1 22 established pursuant to section 808A.5.
1 23 Sec. 2. Section 808A.2, subsection 1, paragraph a, Code
1 24 1999, is amended to read as follows:
1 25 a. The official has reasonable grounds for suspecting that
1 26 the search will produce evidence that a student has violated
1 27 or is violating either the law or a school rule or regulation,
1 28 or the search is conducted pursuant to a drug and alcohol
1 29 testing program as provided in section 808A.5.
1 30 Sec. 3. NEW SECTION. 808A.5 DRUG AND ALCOHOL TESTING
1 31 PROGRAM.
1 32 1. A school may adopt, as part of a student search rule, a
1 33 drug and alcohol testing program to authorize drug or alcohol
1 34 testing of middle school or high school students who seek to
1 35 participate in school-sponsored extracurricular activities.
2 1 2. A drug and alcohol testing program adopted pursuant to
2 2 this chapter shall include the following requirements:
2 3 a. The school shall provide teachers with training in
2 4 identifying drug or alcohol use by students.
2 5 b. The school's health curriculum shall include drug and
2 6 alcohol abuse education for students at each grade level.
2 7 c. An explanation of the school's drug and alcohol testing
2 8 program shall be included in the school's student handbook.
2 9 The explanation shall include information on who is subject to
2 10 testing, and the rights of a student and the responsibilities
2 11 of the school as it relates to testing under the program.
2 12 d. The school shall require that a parent or legal
2 13 guardian of a student be given advance notice that a drug or
2 14 alcohol test will be administered to the student and shall
2 15 permit the parent or legal guardian to be present, if testing
2 16 is done at the school, at the time of testing.
2 17 e. The program shall include guidelines governing the
2 18 conducting of drug and alcohol testing. The guidelines shall
2 19 provide for the manner in which the test is to be conducted,
2 20 the confidentiality of test results, applicable safeguards to
2 21 ensure the accuracy of test results, chain of custody
2 22 considerations, the involvement of parents or legal guardians,
2 23 and the consequences for a refusal to test or a positive test
2 24 result.
2 25 EXPLANATION
2 26 This bill permits public and nonpublic schools to implement
2 27 a drug and alcohol testing program as part of the school's
2 28 student search rule as provided by Code chapter 808A.
2 29 The bill permits drug and alcohol testing of middle school
2 30 and high school students who seek to participate in school-
2 31 sponsored extracurricular activities if certain additional
2 32 requirements are met. The bill provides that, if a drug and
2 33 alcohol testing program is adopted, the program must include
2 34 teacher training, drug and alcohol abuse education for
2 35 students, an explanation of the program in the school's
3 1 student handbook, parental notice prior to testing and
3 2 parental presence during certain testing, and guidelines
3 3 governing the conduct of testing.
3 4 LSB 1952HV 78
3 5 ec/jw/5
Text: HF00498 Text: HF00500 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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