ERIC Number: ED310550
Record Type: Non-Journal
Publication Date: 1989-Aug
Reference Count: N/A
Tennessee's Student Drug Testing Law.
Edwards, Floyd H.
In 1988, the Tennessee Legislature passed permissive legislation (TCA 49-940) that allows school officials to test suspected students for using drugs. The law provides that testing is optional, with each local education agency deciding whether or not to adopt the policy. Twelve school systems chose to adopt the legislation as board policy. This paper explores precedents of the law and describes its basic provisions. Detailed standards upheld by the law include: (1) search standards; (2) individualized suspicion requirement; (3) collection of specimen procedures; (4) reasonableness scope requirement; and (5) reasonable suspicion requirement. The law further provides that only students under "particularized suspicion" may be tested. The law raises constitutional questions in regard to the legality of such a policy under the reasonable suspicion interpretation of the Fourth Amendment as well as the due process provisions of the Fourteenth Amendment. (7 references) (SI)
Publication Type: Speeches/Meeting Papers; Reports - Descriptive
Education Level: N/A
Authoring Institution: N/A
Identifiers - Location: Tennessee