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1993 Tennessee Attorney General Reports and Opinions 1 (1993)

handle is hein.sag/sagtn0132 and id is 1 raw text is: OPINIONS OF THE ATTORNEY GENERAL OF TENNESSEE Published by Authority of Chapter 276 Public Acts of 19/1 May, 1993 93-42 CONSTITUTIONAL LAW/TENNESSEE:Freedom of Religion: House Bill 1111 as amended (by adding sections which would permit school prayer) is unconstitutional under the Establishment Clause of the First Amendment to the United States Constitution. Subsection (d) of the amended bill contains matters beyond the scope of the caption and is therefore unconstitutional under Article II, Section 17 of the Tennessee Constitution. Tenn. Const., Art. II, §17; T.C.A. 549-6-1004; Op. Tenn. Atty. Gen. 93-38 (April 20, 1993). 93-46 CRIMINAL LAN:Confiscation/Forfeiture/Disposition: Under present statutory law, the seizure of vehicles involved only in the transportation of a controlled substance, the amount of which would support a misdemeanor conviction for simple possession, is allowed. The Tennessee Code Commission should not have inserted in T.C.A. S53-11-451(a)(4)(C) a reference to the statute which replaced T.C.A. §39-6-417(b) (1982). T.C.A. S53-11-451 currently authorizes the seizure and forfeiture of vehicles which have been involved only in the transportation of a controlled substance when the amount of controlled substance found in the vehicle would support a misdemeanor conviction for simple possession under T.C.A. §39-17-418. T.C.A. S39-6-417, S39-17-417-418; S53-11-451. 93-43 EDUCATIOU:Alternative Schools: T.C.A. 549-6-3402 does not mandate that all students in grades 7-12 who are suspended or expelled be granted admission to an alternative school. Assignment of pupils is the responsibility of the local board of education or its designee. The capacity of an alternative school would be defined in the same manner as any other school. Some of the factors listed in T.C.A. §49-6-3101 to be considered in assigning students may mitigate against assignment of a student to an alternative school. There is no statute or rule which would prohibit a local school board from assigning a student to an alternative school pending the outcome of a hearing or appeal of the student's suspension or expulsion. T.C.A. §49-2-203, §49-6-3102-3103, §49-6-3401-3402.