Bill Summary – FastDemocracy

FILED SENATE
                                                                                            Feb 9, 2023
                           GENERAL ASSEMBLY OF NORTH CAROLINA
                                                                   S.B. 90
                                       SESSION 2023           PRINCIPAL CLERK
     S                                                                     D
                                SENATE BILL DRS15034-NH-13
     Short Title:    Searches of Student's Person.                                                 (Public)
     Sponsors:       Senators Lazzara, Galey, and Sawyer (Primary Sponsors).
     Referred to:
 1                                       A BILL TO BE ENTITLED
 2   AN ACT TO STANDARDIZE THE PROCEDURES FOR SEARCHING STUDENTS IN
 3       PUBLIC SCHOOL UNITS.
 4   The General Assembly of North Carolina enacts:
 5               SECTION 1. Article 27 of Chapter 115C of the General Statutes is amended by
 6   adding a new section to read:
 7   "§ 115C-391.2. Searches of students.
 8       (a)     A school administrator in a public school unit may authorize the search of a student's
 9   person if the administrator has a reasonable suspicion that the student has violated or is violating
10   a school rule or policy that has been lawfully adopted under G.S. 115C-390.2 or a State or federal
11   law. For purposes of this section, a reasonable suspicion is a suspicion which, in the
12   administrator's professional opinion, is based on specific and articulable facts from a credible
13   source.
14       (b)     A school's policies and procedures for conducting a search under this section shall be
15   consistent with the provisions of this Article and the constitutions, statutes, and regulations of
16   the United States and the State of North Carolina.
17       (c)     Searches authorized under this section shall be executed using methods that are
18   narrowly tailored to be as minimally intrusive as possible while investigating the suspected
19   activity. Cavity searches and searches that require a student to completely disrobe are prohibited.
20       (d)     Searches authorized under this section shall be conducted in private by one school
21   official and one adult witness, both of whom shall be the same sex as the student. The sex of the
22   student shall be determined by the sex assigned at birth as reflected in the student's official record,
23   unless the student's parent provides written notice to the school that a different designation is
24   appropriate."
25               SECTION 2. This act is effective when it becomes law and applies beginning with
26   the 2023-2024 school year.
                                     *DRS15034-NH-13*
Statutes affected: 
Edition 4: 115C-150.11, 115C-150.16, 115C-150.12A, 115C-150.10, 115C-150.12B, 115C-150.12C, 115C-150.13A, 115C-150.15, 150B-1, 14-458.2, 115C-102.9
Edition 5: 115C-150.11, 115C-150.16, 115C-150.12A, 115C-150.10, 115C-150.12B, 115C-150.12C, 115C-150.13A, 115C-150.15, 150B-1, 14-458.2, 115C-102.9
Edition 6: 115C-150.11, 115C-150.16, 115C-150.12A, 115C-150.10, 115C-150.12B, 115C-150.12C, 115C-150.13A, 115C-150.15, 150B-1, 14-458.2, 115C-102.9