Senate amendment to the 2nd edition makes the following changes.
Amends GS 115C-391.2 (pertaining to student searches), as follows. Changes the standard by which student searches are to be conducted from “narrowly tailored to be as minimally intrusive as possible” to “narrowly tailored to be minimally intrusive.” Creates an exemption to requirement for searches to be conducted by two members of the same sex as the student searched for walk-through metal detectors, handheld wands, or other similarly intrusive device designed to detect weapons and regularly used for security scanning.
Bill Summaries: S90 (2023-2024 Session)
Summary date: Mar 28 2023 - View summary
Summary date: Mar 15 2023 - View summary
Senate committee substitute to the 1st edition makes the following changes. Deletes the content of proposed GS 115C-391.2, concerning searches of students, and instead replaces it with the following content. Requires that the policies the governing bodies of public school units adopt governing searches of a student's person or property be consistent with Article 27, Discipline, and US and NC constitutions, statutes, and regulations. Requires search performed by school officials under those policies to be performed using methods narrowly tailored to be as minimally intrusive as possible while investigating the suspected activity. Each policy must require that searches be conducted in private by one school official and one adult witness, both of whom must be the same sex as the student.
Summary date: Feb 9 2023 - View summary
Enacts new GS 115C-391.2 to allow a public school administrator to authorize the search of a student's person if the administrator has a reasonable suspicion that the student has or is violating school rules or policies lawfully adopted under GS 115C-390.2 (related to discipline policies) or State or federal law. Defines reasonable suspicion as a suspicion which, in the administrator's professional opinion, is based on specific and articulable facts from a credible source. Requires the policies and procedures for conducting a search to be consistent with the provisions of Article 27 (Discipline) and US and State constitutions, statutes, and regulations. Requires these searches to be executed using methods that are as minimally intrusive as possible. Prohibits the use of cavity searches and searches that require a student to completely disrobe. Requires these searches to be conducted in private by one school official and one adult witness, both of whom must be the same sex as the student, which is to be determined by the sex assigned at birth as reflected in the student's official record, unless the student's parent provides written notice to the school that a different designation is appropriate. Applies beginning with the 2023-24 school year.