Official Summary Text
Present law specifies three circumstances under which a teacher may break a contract with the teacher's employing LEA, which are: incapacity evidenced by a physician's statement; being drafted into military service; and release by mutual consent. If a te
acher breaks a contract without a justifiable reason, then the teacher's employing LEA may file a complaint with the state board of education and request a suspension of the teacher's license. If the state board of education finds that a teacher has brok
e
n the teacher's contract, then the state board may suspend the teacher's license for no less than 30 days and no more than 365 days. This bill deletes the disciplinary process and suspension for a teacher who breaks a contract without a justifiable reaso
n.
Present law prohibits a teacher from engaging in any sexually related behavior with a student, whether verbal, written, physical, or electronic, with or without the student's consent. Under present law, sexually related behavior includes, but is not lim
ited to, behaviors such as making sexual jokes or sexual remarks; engaging in sexual kidding, sexual teasing, or sexual innuendo; pressuring the student for dates or sexual favors; engaging in inappropriate physical touching, groping, or grabbing; kissing
;
rape; threatening physical harm; and committing sexual assault.
This bill revises the prohibition against sexual activity between teacher and student and extends the prohibition to apply to sexual activity between a teacher and a former student. This bill defines
"former student" to mean a minor or non-minor individual who graduated or withdrew from, ceased enrollment in, or completed the highest grade level offered by the LEA or school at which the educator taught; served as an administrator; performed any offici
al duties as an educator; or was otherwise employed or
served as a volunteer in a teaching or non-teaching role within the twelve-month-period immediately preceding the first instance of sexually related behavior reported for the educator to the state board of education.
This bill prohibits
a
n educator from engaging in any sexually related behavior with a student or former student, with or without the student's or former student's consent, regardless of whether the behavior was verbal, nonverbal, written, visual, auditory, physical, virtual,
digital, or electronic. This bill changes the present law description of "sexually related behavior" to include the commission of any sexual offense or violent sexual offense instead of only rape or sexual assault.
ON APRIL 9, 2026, THE HOUSE SUBSTITUTED SENATE BILL 2106 FOR HOUSE BILL 1973, ADOPTED AMENDMENT #1, AND PASSED SENATE BILL 2106 AS AMENDED.
AMENDMENT #1 revises this bill's provisions concerning discipline of an educator license for educators engaging in sexually related behavior with or toward a student or former student.
This amendment prohibits an educator from engaging in any sexually related behavior with:
(1) A student enrolled in the school or LEA in which:
(A) The educator performs any official duties as an educator, regardless of whether the educator is employed or serves as a volunteer; or
(B) The educator has, within the immediately preceding 12 months, performed any official duties as an educator, regardless of whether the educator was employed or served as a volunteer; or
(2) A student who, within the immediately preceding 12 months, graduated or withdrew from, ceased enrollment in, or completed the highest grade level offered by the LEA or school in which the student was formerly enrolled, if, during the period for whic
h the student was enrolled in the LEA or school, the educator performed any official duties as an educator, regardless of whether the educator was employed or served as a volunteer.
This amendment prohibits an educator from engaging in sexually related behavior with a student, with or without the student's consent, and applies to all sexually related behavior regardless of whether the sexually related behavior was communicated to or
with the student verbally or nonverbally, or in a written, visual, auditory, physical, virtual, digital, or electronic format.
A violation of (1) or (2) must be reported to the state board of education in accordance with its rules and constitutes a basis for educator license discipline.
ON APRIL 16, 2026, THE SENATE CONCURRED IN HOUSE AMENDMENT #1.
Current Bill Text
Read the full stored bill text
SENATE BILL 2106
By White
HOUSE BILL 1973
By White
HB1973
011387
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AN ACT to amend Tennessee Code Annotated, Title 49,
relative to discipline of an educator license.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 49-5-411, is amended by deleting
subsection (b) and substituting instead the following:
(b) A teacher shall give the director of schools written notice of resignation at
least thirty (30) days in advance of the effective date of the resignation.
SECTION 2. Tennessee Code Annotated, Section 49-5-1003(b), is amended by
deleting subdivision (15) and substituting instead the following:
(15) Not engage in any conduct prohibited in § 49-5-1008;
SECTION 3. Tennessee Code Annotated, Title 49, Chapter 5, Part 10, is amended by
adding the following as a new section:
49-5-1008. Discipline of educator license for educators engaging in sexually
related behavior with or toward a student or former student.
(a) An educator shall not engage in any sexually related behavior with a student
or former student, with or without the student's or former student's consent, regardless of
whether the behavior was verbal, nonverbal, written, visual, auditory, physical, virtual,
digital, or electronic.
(b) For purposes of this section, sexually related behavior includes, but is not
limited to, behaviors such as making sexual jokes or sexual remarks; engaging in sexual
kidding, sexual teasing, or sexual innuendo; pressuring the student or former student for
dates or sexual favors; engaging in inappropriate physical touching, groping, or
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grabbing; kissing; threatening physical harm; and committing a sexual offense or violent
sexual offense, as those terms are defined in § 40-39-202.
(c) As used in this section, "former student" means a minor or non-minor
individual who graduated or withdrew from, ceased enrollment in, or completed the
highest grade level offered by the LEA or school at which the educator taught; served as
an administrator; performed any official duties as an educator; or was otherwise
employed or served as a volunteer in a teaching or non-teaching role within the twelve-
month-period immediately preceding the first instance of sexually related behavior
reported for the educator to the state board of education.
(d) A violation of this section must be reported to the state board of education in
accordance with its rules and constitutes a basis for educator license discipline.
SECTION 4. The headings in this act are for reference purposes only and do not
constitute a part of the law enacted by this act. However, the Tennessee Code Commission is
requested to include the headings in any compilation or publication containing this act.
SECTION 5. For the purpose of promulgating rules, this act takes effect upon becoming
a law, the public welfare requiring it. For all other purposes, this act takes effect July 1, 2026,
the public welfare requiring it.