(a) (1) 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.(2) A search conducted pursuant to this subsection (a) may only be conducted by a:(A) School resource officer who is acting, for the purpose of the search, as a school official;(B) School security officer;(C) School administrator who has completed training pursuant to § 49-6-4212; or(D) School employee designated by the director of schools or the director of the public charter school, as applicable, who has completed the orientation and training established pursuant to § 49-6-4212.(3) If a student is under eighteen (18) years of age, then the principal must notify the student's parent or legal guardian within a reasonable time of the search.
(1) 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.
(2) A search conducted pursuant to this subsection (a) may only be conducted by a:(A) School resource officer who is acting, for the purpose of the search, as a school official;(B) School security officer;(C) School administrator who has completed training pursuant to § 49-6-4212; or(D) School employee designated by the director of schools or the director of the public charter school, as applicable, who has completed the orientation and training established pursuant to § 49-6-4212.
(A) School resource officer who is acting, for the purpose of the search, as a school official;
(B) School security officer;
(C) School administrator who has completed training pursuant to § 49-6-4212; or
(D) School employee designated by the director of schools or the director of the public charter school, as applicable, who has completed the orientation and training established pursuant to § 49-6-4212.
(3) If a student is under eighteen (18) years of age, then the principal must notify the student's parent or legal guardian within a reasonable time of the search.
(b) All of the following standards of reasonableness shall be met:(1) A particular student has violated school policy;(2) The search will yield evidence of the violation of school policy or will lead to disclosure of a dangerous weapon, drug paraphernalia or drug;(3) The search is in pursuit of legitimate interests of the school in maintaining order, discipline, safety, supervision and education of students;(4) The search is not conducted for the sole purpose of discovering evidence to be used in a criminal prosecution; and(5) The search shall be reasonably related to the objectives of the search and not excessively intrusive in light of the age and sex of the student, as well as the nature of the infraction alleged to have been committed.
(1) A particular student has violated school policy;
(2) The search will yield evidence of the violation of school policy or will lead to disclosure of a dangerous weapon, drug paraphernalia or drug;
(3) The search is in pursuit of legitimate interests of the school in maintaining order, discipline, safety, supervision and education of students;
(4) The search is not conducted for the sole purpose of discovering evidence to be used in a criminal prosecution; and
(5) The search shall be reasonably related to the objectives of the search and not excessively intrusive in light of the age and sex of the student, as well as the nature of the infraction alleged to have been committed.
(c) This section does not:(1) Authorize a search that violates the fourth amendment to the United States Constitution or the Constitution of Tennessee, Article I, § 7; or(2) Restrict a law enforcement officer from conducting a lawful search on school property.
(1) Authorize a search that violates the fourth amendment to the United States Constitution or the Constitution of Tennessee, Article I, § 7; or
(2) Restrict a law enforcement officer from conducting a lawful search on school property.