(1) The United States Department of Edu-
cation’s National Center for Education Statistics re-
ported in the 2005 Indicators of School Crime and 
Safety that in 2003 17 percent of students in grades 
9–12 reported they carried a weapon. Six percent re-
ported 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 ef-
fects, against unreasonable searches and seizures’’. 
(4) That while the Supreme Court affirmed the 
Fourth Amendment’s application to students in pub-
lic 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 prob-
able cause. The Court will ordinarily hold that such 
a search is permissible if— 
(A) there are reasonable grounds for sus-
pecting the search will reveal evidence that the 
student violated the law or school rules; and 
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(B) the measures used to conduct the 
search are reasonably related to the search’s ob-
jectives, 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 Edu-
cation 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 sub-
section (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 pro-
fessional experience and judgment, of any minor student 
on the grounds of any public school, if the search is con-
ducted to ensure that classrooms, school buildings, school 
property and students remain free from the threat of all 
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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. 
Æ 
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