Local Education Agencies

Plain English Breakdown

The candidate explanation included some details about handheld devices and secondary searches which were not explicitly detailed in the provided official source material.

Changes to School Searches

This bill allows school employees trained by the state education department to conduct certain searches of containers and packages used for storage by students or visitors before entering school buildings or specific areas on school grounds.

What This Bill Does

• Adds exceptions to current rules about searching vehicles, containers, packages, or other enclosures on school property.
• Allows using metal detectors or handheld devices designed to detect dangerous items like weapons or drugs before entering a school building or specific areas on school grounds.
• Permits secondary searches if initial screenings indicate the presence of dangerous items.

Who It Names or Affects

• Students and visitors who may be subject to searches before entering buildings or specific areas on school grounds.
• School employees designated by principals to conduct searches after training provided by the state education department.

Terms To Know

Secondary search

A follow-up search conducted if an initial screening indicates possible dangerous items like weapons or drugs.

Stationary metal detector

A fixed device used to detect dangerous items before entering a school building or specific areas on school grounds.

Limits and Unknowns

• The bill does not change the requirement that searches must follow state and federal constitutional protections against unreasonable searches.
• It is unclear how many schools will implement these new search procedures.

Official Summary Text

Present law authorizes a school principal to order that vehicles parked on school property by students or visitors, containers, packages, lockers or other enclosures used for storage by students or visitors, and other areas accessible to students or visit
ors be searched in the principal's presence or in the presence of other members of the principal's staff. Any such search may only be conducted by a school resource officer, a school security officer, or a trained school administrator. Present law requi
r
es that notices be posted to advise students and visitors of areas that are subject to search. Present law specifies that it does not authorize a search that violates the state and federal constitutional protections against unreasonable searches, no
r
does it restrict a law enforcement officer from conducting a lawful search on school property.

Under present law, 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. Any such se
arch may only be conducted by a school resource officer, a school security officer, or a trained school administrator. If a student is under 18 years of age, then the principal must notify the student's parent or legal guardian within a reasonable time o
f
the physical search.

This bill adds the following exceptions to the general requirement that

searches of
vehicles,
containers, packages, or other enclosures
be ordered by and conducted in the presence of a
principal:

(
1
) Us
ing
a stationary metal detector or weapons detection system, or using a handheld device designed to indicate the presence of dangerous weapons, drug paraphernalia, or drugs before any student or visitor is permitted to enter a school building or certain areas
on school grounds; or

(
2
)
A secondary search based on an initial screening as described in (1).

Under this bill, a secondary search of a
container, package, or enclosure
, as described in (2), must be conducted by
a school resource officer, a school security officer, a trained school administrator, or a designated and trained school employee.

A secondary physical search
o
f a student or an enclosure on the student's person that cannot be removed from the student and searched independently

must be conducted pursuant to
the present law requirements for a physical search.
A secondary physical search of
a visitor or an enclosure on the visitor's person that cannot be removed from the visitor and searched independently

must be conducted by a
s
chool resource officer
, s
chool security officer
,
or
s
chool administrator.

Current Bill Text

SENATE BILL 2107
By White

HOUSE BILL 1998
By Stevens
HB1998
012187
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 49,
Chapter 6, relative to searches.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 49-6-4204(e), is amended by adding
the following as a new subdivision:
(3) Apply to searches of containers, packages, or other enclosures that are not
ordered by a principal, but that are conducted:
(A) Using a stationary metal detector or weapons detection system, or
using a handheld device designed to indicate the presence of dangerous
weapons, drug paraphernalia, or drugs before any student or visitor is permitted
to enter a school building or certain areas on school grounds; or
(B) Pursuant to § 49-6-4207(b).
SECTION 2. Tennessee Code Annotated, Section 49-6-4207, is amended by
designating the existing language as subsection (a) and adding the following new subsection:
(b)
(1) If a student, visitor, container, package, or other enclosure used for
storage by a student or visitor must pass through a stationary metal detector or
weapons detection system, or be screened using a handheld device designed to
indicate the presence of dangerous weapons, drug paraphernalia, or drugs,
before the student or visitor is permitted to enter a school building or certain
areas on school grounds, and, if during the initial screening the metal detector,
weapons detection system, or handheld device indicates the potential presence

- 2 - 012187

of dangerous weapons, drug paraphernalia, or drugs, then a secondary search
may be conducted of the student, visitor, container, package, or enclosure.
(2) Except as provided in subdivisions (b)(3) and (4), a secondary search
conducted of a container, package, or enclosure may 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 school principal to
conduct a search pursuant to this subsection (b) who has completed
training pursuant to § 49-6-4212.
(3) A secondary physical search conducted of a student or an enclosure
on the student's person that cannot be removed from the student and searched
independently, such as a pocket on clothing being worn by the student at the
time of the search, must be conducted pursuant to § 49-6-4205.
(4) A secondary physical search conducted of a visitor or an enclosure
on the visitor's person that cannot be removed from the visitor and searched
independently, such as a pocket on clothing being worn by the visitor at the time
of the search, must 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; or
(C) School administrator who has completed training pursuant to
§ 49-6-4212.

- 3 - 012187

(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.
SECTION 3. Tennessee Code Annotated, Section 49-6-4212(a)(3), is amended by
deleting the subdivision and substituting:
(3) A school administrator or school employee designated by a school principal
for purposes of § 49-6-4207(b) must complete the orientation and training program
developed by the department pursuant to subdivision (a)(1) prior to conducting a search
pursuant to § 49-6-4204(a)(2)(C), § 49-6-4205(a)(2)(C), or § 49-6-4207(b).
SECTION 4. This act takes effect upon becoming a law, the public welfare requiring it.