House Backs Proposal to Bolster Safety in U.S. Schools

Measure Will Empower Schools to Develop Policies on Confiscating Weapons, Illegal Drugs

WASHINGTON, D.C. – The U.S. House of Representatives today approved the Student and Teacher Safety Act (H.R. 5295), a measure authored by Representative Geoff Davis (R-KY) to allow states and school districts to conduct reasonable searches to ensure that the schools remain free of all weapons, dangerous materials, or illegal narcotics.

“Enhancing school safety is not a new priority for this Congress,” said Rep. Howard P. “Buck” McKeon (R-CA), Chairman of the House Committee on Education & the Workforce.  “Earlier this year, President Bush signed legislation to give schools access to criminal history records for individuals seeking to work with or around children – a bill authored by my Committee colleague, Mr. Porter.  Today’s passage of the Student and Teacher Safety Act will bolster safety even further in American classrooms.  Our message is clear: In order for our nation’s students to get the most out of their education, it’s imperative that they feel safe inside the classroom.  This Congress is committed to just that, and I applaud my colleague, Representative Davis, for leading the way.”

The Student and Teacher Safety Act – which is backed by including leading teachers’ unions, such as the National Education Association (NEA), and school safety advocates – simply asks states and local school districts to develop and implement a policy on school safety.  Notably, the legislation does not dictate to a state or school what this policy must include.  All decision-making is left to those at the state and local levels.  

“I am extremely pleased that the House voted today to pass the Student and Teacher Safety Act,” said Davis.  “This legislation will help keep drugs and violence out of our schools.  I would like to thank the National Education Association for working closely with us on this legislation that empowers teachers and school administrators and affirms their control of their classrooms.  Teachers and school administrators, who spend countless hours observing and instructing our children, are our first line of defense in combating school violence.  I will continue to work with my colleagues in Congress to ensure that this legislation becomes law.”

Specifically, H.R. 5295: 

• Codifies guidelines established by the U.S. Supreme Court in New Jersey v. TLO (1985), which states that reasonable searches by school officials do not require a warrant signed by a judge if the search would reveal that the student violated the law or school rules;

• Empowers full-time teachers or school officials – when acting on suspicion based on professional experience and judgment – to search students on public school grounds; and

• Allows states and school districts to conduct reasonable searches to ensure that the schools remain free of all weapons, dangerous materials, or illegal narcotics.

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