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SENATE BILL 1912
By Hensley
HOUSE BILL 1886
By Cepicky
HB1886
011049
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AN ACT to amend Tennessee Code Annotated, Title 49,
relative to acceptable uses of technology provided
by public schools.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 49-1-221, is amended by deleting the
section.
SECTION 2. Tennessee Code Annotated, Title 49, Chapter 6, Part 3, is amended by
adding the following as a new section:
(a)
(1) Each LEA and public charter school shall adopt an internet
acceptable use policy. At a minimum, the policy must establish:
(A) Internet safety protocols for students that are integrated into
the LEA's or public charter school's instructional program;
(B) Guidelines for effective communication with parents to raise
awareness of internet safety using existing avenues of communication,
such as parent-teacher conferences;
(C) Rules designed to protect the safety and security of students
who use the internet access provided by the LEA or public charter school
to access email, chat rooms, or any other form of direct, electronic
communication online;
(D) Safeguards to prevent students from using the internet
access provided by the LEA or public charter school to access websites,
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web applications, or software that does not protect students against the
disclosure, use, or dissemination of their personal information; and
(E) Limitations on accessing websites through the internet
provided by the LEA or public charter school by only allowing access to
websites that are deemed by the LEA or public charter school as
acceptable to access. An LEA or public charter school shall not deem a
website acceptable for purposes of this subdivision (a)(1)(E) if the
website's content:
(i) Is deemed harmful to students by the LEA or public
charter school;
(ii) Is pornographic or obscene;
(iii) Is violent or frightening for the age or maturity level of
the student who may access the content, and the LEA or public
charter school determines that the content has no educational
value;
(iv) Promotes self-harm; or
(v) Is harmful to minors, as defined in § 39-17-901.
(2) An internet acceptable use policy may include other terms,
conditions, and requirements deemed appropriate by the adopting LEA or public
charter school, such as requiring written parental authorization for internet use by
juveniles or differentiating acceptable uses of the internet among elementary,
middle, and high school students.
(3) Each LEA and public charter school shall evaluate its internet
acceptable use policy at least twice each year, and update the policy, if
necessary.
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(b) The director of schools or the director of the public charter school shall take
all steps appropriate and necessary to implement and enforce the LEA's or public
charter school's internet acceptable use policy.
(c)
(1) A provider of digital or online resources, with which an LEA, public
charter school, or state agency contracts for the provision of digital or online
materials created and marketed for pre-kindergarten through grade twelve (pre-
K-12) school use, shall:
(A) Verify that the digital or online materials it provides to the
LEA, public charter school, or state agency do not violate § 39-17-902;
(B) Filter, block, or otherwise prevent access through any
provided digital or online materials to:
(i) Pornography and obscenity;
(ii) Content that is violent or frightening for the age or
maturity level of the student who may access the content, if the
LEA, public charter school, or state agency, as applicable,
determines that the content has no educational value; and
(iii) Content that promotes self-harm;
(C) Verify, in writing, that the provider's technology prevents a
user from sending, receiving, viewing, or downloading materials that are
harmful to minors, as defined in § 39-17-901; and
(D) Remove, upon the request of the contracting LEA, public
charter school, or state agency, access to digital or online materials for
ages or audiences that the contracting LEA, public charter school, or
state agency has determined to be age- or audience-inappropriate. A
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provider must remove access to any digital or online material described in
this subdivision (c)(1)(D) within one (1) business day of the provider's
receipt of the contracting LEA's, public charter school's, or state agency's
request for removal, unless the deadline for removal of the material is
extended by mutual consent of the contracting parties.
(2) An LEA, public charter school, or state agency that contracts with a
third party for the provision of digital or online materials that are created and
marketed for pre-kindergarten through grade twelve (pre-K-12) school use shall
adopt and implement a policy that establishes a process for a person to file a
complaint with an LEA, public charter school, or state agency that is alleged to be
using a material in violation of subdivision (c)(1). The process established
pursuant to this subdivision (c)(2) must require an LEA, public charter school, or
state agency that receives a complaint to timely review the complaint and
determine whether further action is necessary.
(3) This subsection (c) does not apply to medical resources.
(d) An LEA or public charter school may create an email address for students in
grades pre-kindergarten through five (pre-K-5) for the purpose of using the email
address as a data point to identify the student in security or grading software. An LEA or
public charter school shall not allow a student in any of the grades pre-kindergarten
through five (pre-K-5) to access an email address that is created for the student by the
LEA or public charter school for the student to transmit or receive emails using the email
address.
(e)
(1) Each local board of education and public charter school governing
body shall select, employ, or contract with a third party with experience
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monitoring acceptable internet use to conduct an annual audit of the LEA's or
public charter school's compliance with the LEA's or public charter school's
internet acceptable use policy and to ensure that the policy complies with this
section.
(2) A local board of education or public charter school governing body
may comply with subdivision (e)(1) by performing an e-rate audit required by the
Universal Service Administrative Company (USAC), if the e-rate audit meets the
requirements in subdivision (e)(1).
(3) The LEA or public charter school shall publish the results of the most-
recent audit on its website.
(f) If a student under eighteen (18) years of age accesses a website using the
internet access provided by the LEA or public charter school in violation of the LEA's or
public charter school's internet acceptable use policy, then the LEA or public charter
school shall notify the student's parent or guardian of the prohibited access immediately
upon notice to the LEA or public charter school.
(g) This section does not abridge or impair a contract or agreement entered into
before July 1, 2026. Any such contract or agreement remains in full force and effect until
the expiration of the contract or agreement.
SECTION 3. This act takes effect July 1, 2026, the public welfare requiring it.