Bill mandates school search policy

Published Thursday, September 21, 2006

WASHINGTON (AP) - The House issued an ultimatum to school boards Tuesday: Establish policies on student searches or risk losing federal funds.

The House passed a bill by voice vote that would require the search rules. The Senate has not considered a companion measure.

"Shocking acts of violence have been planned and unfortunately executed at our schools," said Rep. Geoff Davis, R-Ky., a sponsor of the bill.

The legislation relies on a standard for school searches that was established in a 1985 U.S. Supreme Court ruling.

The bill says the policies implemented by school boards should spell out that searches have to be conducted by a full-time teacher or school officials acting on a reasonable suspicion that a student has weapons, drugs or other dangerous materials. The bill says search methods cannot be "excessively intrusive."

The bill has the backing of the National Education Association, the largest teachers union. But the American Teachers Federation, another teachers union, called the measure unnecessary and said it might put additional burdens on teachers.

California Rep. George Miller, 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.

Mary Kusler, a lobbyist for the American Association of School Administrators, said her group opposes the bill. She said she is concerned it is a political stunt to help Davis win a tough re-election campaign against a former member of Congress, Democratic Rep. Ken Lucas. "We worry that it’s just election-year messaging, and we don’t think that’s a good reason to pass a bill," Kusler said.