Text: HF00498                           Text: HF00500
Text: HF00400 - HF00499                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

House File 499

Partial Bill History

Bill Text

  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 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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