1. A school official may conduct a search of a student or a protected student area only if all of the following apply:
a. The school official has a reasonable and articulable suspicion that a criminal offense or a school rule or regula- tion bearing on school order has been violated.
b. The school official has a reasonable and articulable belief that the search will produce evidence of such violation.
c. If the search is of an individual student, the suspi- cion and belief required by paragraphs "a" and "b" is particu- lar to the student to be searched.
d. If the search is of more than one student or of a protected student area, the search must be based upon and pursuant to a valid and reasonable student search rule.
2. Notwithstanding subsection 1, paragraphs "a" through "c", as they apply to searches of protected student areas, school officials may conduct periodic inspections of all, or a randomly selected number of, school lockers. However, the school district shall provide written notice to each student, and the adult who enrolls the student at the school, that school officials may conduct periodic inspections of all school lockers without prior notice. An inspection under this subsection shall only occur in the presence of the students whose lockers are being inspected.
3. Under no circumstances may a search be made which is unreasonable in light of the following:
a. The age of the student.
b. The nonseriousness of the violation.
c. The sex of the student.
d. The nature of the suspected violation.
4. A school official shall not conduct a search which involves:
a. A strip search.
b. A body cavity search.
c. The use of a drug sniffing animal to search a student's body.
d. The search of a student by a school official not of the same sex as the student.
5. If a search pursuant to subsection 1 of a school locker, desk, or other facility or space issued or assigned to, or chosen by a student, reveals a violation of the law or the rules of the school regarding a dangerous weapon or controlled substance, the violation shall constitute reasonable grounds for future searches without advance notice to the student of the student's school locker, desk, or other facility or space issued or assigned to, or chosen by the student.
86 Acts, ch 1129, § 2; 94 Acts, ch 1172, §62; 95 Acts, ch 191, §56
© 1997 Cornell College and League of Women Voters of Iowa
Last update: Mon Jan 27 16:05:08 CST 1997