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![handle is hein.sag/sagtn0150 and id is 1 raw text is: STATE OF TENNESSEE
OFFICE OF THE
ATTORNEY GENERAL
500 CHARLOTTE AVENUE
NASHVILLE, TENNESSEE 37243-0497
January 5, 1998
Opinion No. 98-001
Possession of Electronic Pagers on School Buses
QUESTION
Tennessee Code Annotated Section 49-6-4214 provides that possession of an electronic pager
on school property without permission of the principal or his designated representative is prima facie
evidence of its intended use in violation of the School Security Act of 1981. Does the term school
property include school buses on and off campus?
OQININ
Yes. Several provisions of the Act make clear that the term school property was intended
to include school buses on and off campus when used for school functions.
ANALYSIS
The purpose of the School Security Act of 1981. Tennessee Code Annotated Sections 49-6-
4201 through 4216 (Act), is set forth in the provisions of Tennessee Code Annotated Section 49-6-
4203. The General Assembly has specifically found that one of the purposes of the School Security
Act is to result in [t]he removal of dangerous weapons, drug paraphernalia and drugs from school
property because doing so is necessary to lessen hazards to students and that such removal can
only be accomplished by searches of areas of the school buildings or grounds where such materials
may be stored . . . .' The definition of drug paraphernalia includes electronic pagers if used or
intended for uses proscribed by the Act.2
Tennessee Code Annotated Section 49-6-4214 provides that [p]ossession of an electronic
pager by a student on school property, without the permission of the school principal or the
principal's designated representative, is prima facie evidence of its intended use iii violation of this
part. Tennessee Code Annotated Section 49-6-4204(b) states that [i]ndividual circumstances
requiring a search may include incidents on school property, including school buses, involving ...
the use of . . . drug paraphernalia by students . . . . Thus, in this context, school buses are
'Tenn. Code Ann. I 49-6-4203(c)(1).
'Tenn. Code Ann. 1 49-6-4202(3).](ViewImageLocal?handle=hein.sag/sagtn0150&div=1&collection=&method=preview&ext=.png&size=3)