Tennessee House Bill HB0764

Tennessee 2025-2026 Regular Session

• Introduced: 2/4/25
• Refer: 2/6/25
• Refer: 3/11/25
• Refer: 4/2/25
• Chaptered: 4/29/25
• Passed: 4/29/25

Caption

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

Summary

HB0764 amends Tennessee law governing searches on school property. The bill limits who may conduct certain school-based searches under Tennessee Code Annotated §§ 49-6-4204 and 49-6-4205 to a school resource officer acting as a school official for the purpose of the search, a school security officer, or a school administrator who has completed state-required training. It also requires a principal to notify a parent or legal guardian within a reasonable time if the searched student is under 18. The bill further directs the Department of Education to maintain an orientation and training program for local education agencies to inform administrators of students’ rights regarding searches, and it allows LEAs and local law enforcement agencies to create additional training on implementation and local procedures. The legislation expressly states that it does not authorize searches that would violate the Fourth Amendment or the Tennessee Constitution, and it does not limit lawful searches by law enforcement officers on school property.

Impact

The bill narrows and clarifies who may perform school-property searches under Tennessee’s education code, while adding a parental-notification requirement for searches of minors and a training prerequisite for administrators. It affects school administrators, school resource officers, school security officers, LEAs, and the Department of Education, and it takes effect in stages, with the training-related section effective immediately upon becoming law and the remaining provisions effective July 1, 2025.

Sentiment

The available voting history suggests broad support and little opposition. The House Education Administration Subcommittee recommended passage unanimously, and the House Education Committee also advanced the bill unanimously with a recommendation for passage as amended. No committee transcript is available, but the recorded votes indicate the measure was viewed favorably and moved forward without recorded dissent.

Contention

The main policy issue is who should be allowed to conduct searches on school property and under what training or authority. The bill appears designed to ensure that searches are carried out by trained school officials or school security personnel, while preserving the authority of law enforcement to conduct lawful searches. A secondary point of interest is the new requirement that parents or guardians be notified when a minor is searched, which may raise practical questions about timing and implementation, though no recorded opposition appears in the available history.