School strip searches mandated by House

WASHINGTON – Even though student molestations seem to be reaching epidemic proportions in schools across America, the House of Representatives has approved a tough new anti-drug and anti-weapon law that would require local districts to develop search policies – including strip searches – with immunity against prosecution for teachers and staff.

Schools would have to develop policies for searching students, or face the loss of some federal funding, under the bill – HR 5295, approved by a voice vote Tuesday. It moves to the Senate, which does not have similar legislation pending at this time.

The American Civil Liberties Union, the American Federation of Teachers, the Drug Policy Alliance, Students for Sensible Drug Policy, the National Parent Teacher Association, the American Association of School Administrators and the National School Boards Association all opposed the bill saying it could invite unconstitutional searches. The National Education Association supports the legislation, according to the sponsor.

The bill was the brainchild of Rep. Geoff Davis, R-Kentucky, who said the idea was to "put a process in place so that the teachers don't have any fear of liability, but at the same time it protects the rights of the students from an unreasonable search."

It drew opposition from the American Federation of Teachers, a smaller teachers union, and the American Civil Liberties Union.

The "Student Teacher Safety Act of 2006" passed on a voice vote, bypassing the committee process and with no way to hold individual members of the House accountable for their votes.

Particularly controversial is the requirement that each local school district have search policies in place, with the process defined like this:

"A search referred to in subsection (a) is a search by a full-time teacher or school official, acting on any reasonable suspicion based on professional experience and judgment, of any minor student on the grounds of any public school, if the search is conducted to ensure that classrooms, school buildings, school property and students remain free from the threat of all weapons, dangerous materials, or illegal narcotics. The measures used to conduct any search must be reasonably related to the search's objectives, without being excessively intrusive in light of the student's age, sex, and the nature of the offense."

The bill does not address whether body cavity searches are included, whether training will be provided to staffers performing them, whether background checks on staffers would be necessary, whether students who have been sexually abused in the past would be subject or whether parental notification would be required. Without those specifics, the judgment of local school administrators will be the litmus test.

Some fear the mandate for random, warrantless searches of every student, at any time, on any pretext – with immunity from prosecution – could create problems worse than drugs and weapons on campus.

Rep. George Miller of California, the senior Democrat on the House committee that oversees education issues, called the legislation an intrusion into local affairs.

"Schools and school districts already have policies in place regarding student searches," Miller said. "Those policies are the product of consultation with local administrators, teachers and parents. They take in the concerns of the community."

WND has documented the incidents of teacher-student sex throughout the country – particularly the new trend of female teachers molesting male students. WND news editor Joe Kovacs, who has spearheaded the research on this trend, is scheduled to appear Wednesday on "The O'Reilly Factor" on the Fox News Channel to discuss the issue.

" Some fear the mandate for random, warrantless searches of every student, at any time, on any pretext – with immunity from prosecution – could create problems worse than drugs and weapons on campus "

Condition them from birth that they have no right to refuse the search or breach of their person.

It starts with cops and 'safety " officers hovering over them to inspect their child safety seats. Some states have even gone so far as to include a set of scales and a tape measure in state trooper cars to enforce these laws..

Then they go to school and they tell them for their own good, these dogs will sniff and inspect them, their backpacks , and their person are subject to an animals whim to please its master and score a hit.

Most money is contaminated with drug residue so....we'll just inspect you for your own good.

Do your parents do anything you think is wrong....just tell us we'll "help"

Condition them young..controll them for life.

Student and Teacher Safety Act of 2006 (Engrossed as Agreed to or Passed by House)

HR 5295 EH

109th CONGRESS

2d Session

H. R. 5295

AN ACT

To protect students and teachers.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Student and Teacher Safety Act of 2006'.

SEC. 2. FINDINGS.

Congress finds the following:

(1) The United States Department of Education's National Center for Education Statistics reported in the 2005 Indicators of School Crime and Safety that in 2003 seventeen percent of students in grades 9-12 reported they carried a weapon. Six percent reported having carried a weapon on school grounds.

(2) The same survey reported that 29 percent of all students in grades 9-12 reported that someone offered, sold, or gave them an illegal drug on school property within the last 12 months.

(3) The United States Constitution's Fourth Amendment guarantees `the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures'.

(4) That while the Supreme Court affirmed the Fourth Amendment's application to students in public schools in New Jersey vs. TLO (1985), the Court held that searches of students by school officials do not require warrants issued by judges showing probable cause. The Court will ordinarily hold that such a search is permissible if--

(A) there are reasonable grounds for suspecting the search will reveal evidence that the student violated the law or school rules; and

(B) the measures used to conduct the search are reasonably related to the search's objectives, without being excessively intrusive in light of the student's age, sex, and nature of the offense.

(5) The Supreme Court held in Board of Education of Independent Sch. Dist. 92 of Pottawatomie County vs. Earls (2002) that random drug testing of students who were participating in extracurricular activities was reasonable and did not violate the Fourth Amendment. The Court stated that such search policies effectively serve the School Districts interest in protecting its students' health and safety.

SEC. 3. SEARCHES BASED ON REASONABLE SUSPICION.

(a) In General- Each local educational agency shall have in effect throughout the jurisdiction of the agency policies that ensure that a search described in subsection (b) is deemed reasonable and permissible.

(b) Searches Covered- A search referred to in subsection (a) is a search by a full-time teacher or school official, acting on any reasonable suspicion based on professional experience and judgment, of any minor student on the grounds of any public school, if the search is conducted to ensure that classrooms, school buildings, school property and students remain free from the threat of all weapons, dangerous materials, or illegal narcotics. The measures used to conduct any search must be reasonably related to the search's objectives, without being excessively intrusive in light of the student's age, sex, and the nature of the offense.

SEC. 4. ENCOURAGEMENT TO PROTECT STUDENTS AND TEACHERS.

(a) In General- A local educational agency that fails to comply with section 3 shall not, during the period of noncompliance, receive any Safe and Drug Free School funds after fiscal year 2008.

(b) Definition- In this section, the term `Safe and Drug Free School funds' includes any funds under Part A of Title IV of the Elementary and Secondary Education Act of 1965.

Passed the House of Representatives September 19, 2006.

Attest:

Clerk.

109th CONGRESS

2d Session

H. R. 5295

AN ACT

To protect students and teachers.

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