Present law authorizes a school principal to order that vehicles parked on school property by students or visitors, containers, packages, lockers or other enclosures used for storage by students or visitors, and other areas accessible to students or visitors be searched in the principal's presence or in the presence of other members of the principal's staff. This bill requires that any such search be conducted by a school resource officer who is acting, for the purpose of the search, as a school official. Under present law, a student may be subject to physical search because of the results of a locker search, or because of information received from a teacher, staff member, student, or other person if such action is reasonable to the principal. This bill requires that any such search be conducted by a school resource officer who is acting, for the purpose of the search, as a school official. This bill also adds that, if a student is under 18 years of age, then the principal must notify the student's parent or legal guardian of the need to conduct a physical search of the student and receive the consent of the student's parent or legal guardian to conduct the search. This bill specifies that the present law authorization for a principal to order a search of property or a student's person does not authorize a search that violates the federal or state constitution. ON APRIL 7, 2025, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 290, AS AMENDED. AMENDMENT #1 makes the following revisions:  As of July 1, 2025, authorizes searches conducted as described in the bill to also be conducted by a school security officer or a school administrator who has completed training for school principals, and clarifies that a law enforcement officer is not restricted from conducting a lawful search on school property.  As of July 1, 2025, revises the provision requiring, if a student is under 18, the principal to notify the student's parent or legal guardian of the need to conduct a physical search of the student and receive the consent of the student's parent or legal guardian to conduct the search to, instead, require the principal to notify the student's parent or legal guardian within a reasonable time of the search.  Upon this bill becoming a law, revises present law provisions relative to establishing a training program for school principals and providing notice of policies to parents and students to, instead:  Require the department of education, instead of a local education agency ("LEA") and local law enforcement agency, to establish and maintain an orientation and training program for LEAs to inform school administrators of the rights of students relative to searches.  Authorize an LEA and a local law enforcement agency to establish and maintain an orientation and training program designed to familiarize school administrators with the School Security Act of 1981 and with local policies and procedures for implementing and enforcing such Act.  Require a school administrator to complete the orientation and training developed by the department prior to conducting a search as described in the bill.

Statutes affected:
Introduced: 49-6-4204(a), 49-6-4204, 49-6-4205(a), 49-6-4205
Amended with SA0352 -- 04/07/2025: 49-6-4204(a), 49-6-4204, 49-6-4205(a), 49-6-4205, 49-6-4212