H. B. 2089
(By Delegate Spencer)
[Introduced February 10, 1993; referred to the
Committee on Education.]
A BILL to amend article five, chapter eighteen-a of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
thirteen-b, relating to prohibiting county boards of
education and their school employees from requiring pupils
to disrobe and to submit to searches without probable cause;
and requiring that strip searches of students be conducted
by a person of the same sex as the pupil.
Be it enacted by the Legislature of West Virginia:
That article five, chapter eighteen-a of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
thirteen-b, to read as follows:
ARTICLE 5. AUTHORITY; RIGHTS; RESPONSIBILITY.
§18A-5-13b. Limitation on the authority of county boards of
education and employees of county boards of
education in conducting strip searches of pupils.
County boards of education and employees of county boards of
education, including, but not limited to, principals,
counsellors, teachers, coaches, secretaries and custodians are
prohibited from requiring a pupil to disrobe or to submit to a
search except where there is probable cause to believe that there
is a risk of imminent bodily harm to any person. A strip search
during which a pupil is required to disrobe must be conducted by
not less than two people of the same gender as the pupil being
searched. One person shall conduct the search and the other
person or persons shall act as witnesses to the search. For the
purpose of this section, a pupil is deemed to be required to
disrobe when the pupil is required to remove the clothing
normally required of the pupil for school activities in which the
pupil is currently participating.
NOTE: The purpose of this bill is to limit the authority of
county boards of education and employees of county boards of
education to conduct strip searches of pupils only when there is
probable cause to believe that a person is in imminent danger of
bodily harm.
This section is new; therefore, strike-throughs and
underscoring have been omitted.