Bill Summary for S 90 (2023-2024)

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Summary date: 

Feb 9 2023

Bill Information:

View NCGA Bill Details2023-2024 Session
Senate Bill 90 (Public) Filed Thursday, February 9, 2023
AN ACT TO MAKE ADDITIONAL CHANGES TO FACILITATE THE TRANSITION OF THE SCHOOLS FOR THE DEAF AND BLIND TO GOVERNANCE BY BOARDS OF TRUSTEES.
Intro. by Lazzara, Galey, Sawyer.

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Bill 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.