Read the full stored bill text
HOUSE BILL 2475
By Alexander
SENATE BILL 2346
By Haile
SB2346
011960
- 1 -
AN ACT to amend Tennessee Code Annotated, Title 10,
Chapter 7, Part 5; Title 37; Title 49 and Title 71,
relative to background investigations.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 49-5-413, is amended by deleting
subsection (e) and substituting:
(e)
(1) The department of education, the state board of education, local
boards of education, public charter schools, LEAs, participating schools, and
private schools that enroll recipients shall not hire or retain, and the state board
of education shall not grant a license, reactivate an expired license, restore a
revoked license, or grant a temporary teaching permit to, an individual found by
the department of children's services to have committed child abuse, severe child
abuse, child sexual abuse, or child neglect pursuant to title 37. The department
of children's services shall not report an individual or employee as a perpetrator
unless the department of children's services has first determined that the due
process rights of the individual or employee were either offered but not accepted
or fully exhausted or concluded, pursuant to the department of children's services
rules and pursuant to state and federal law.
(2) Any individual who is currently employed with, or has been
conditionally offered employment with, the department of education, the state
board of education, any local board of education, public charter school, LEA,
participating school, or private school that enrolls a recipient and has ever been
- 2 - 011960
found by the department of children's services to have committed child abuse,
severe child abuse, child sexual abuse, or child neglect, shall be offered due
process rights. Once the due process rights of the individual or employee have
either been offered but not accepted, or have been fully concluded and the
finding upheld, the department of children's services shall disclose such finding to
the department of education, the state board of education, local board of
education, public charter school, LEA, participating school, or private school.
(3) If an individual is currently employed with, or has been conditionally
offered employment with, the department of education, the state board of
education, any local board of education, public charter school, LEA, participating
school, or private school that enrolls a recipient, and the department of children's
services has ever found the individual to have committed child abuse, severe
child abuse, child sexual abuse, or child neglect, but the due process rights of the
individual or employee have not yet been offered or are still pending, the
department of children's services shall conduct an emergency file review to
determine if the individual poses an immediate threat to the health, safety, or
welfare of children. If the emergency file review results in a finding that the
individual poses an immediate threat to the health, safety, or welfare of children,
then the department of children's services shall disclose the threat to the
department of education, the state board of education, local board of education,
public charter school, LEA, participating school, or private school.
(4) If an individual is currently employed with, or has been conditionally
offered employment with, the department of education, the state board of
education, any local board of education, public charter school, LEA, participating
school, or private school that enrolls a recipient, and the department of children's
- 3 - 011960
services has commenced an investigation of the individual that has not yet been
concluded, then the department of children's services shall conduct an
emergency file review to determine if the individual poses an immediate threat to
the health, safety, or welfare of children. If the emergency file review results in a
finding that the individual poses an immediate threat to the health, safety, or
welfare of children, then the department of children's services shall disclose the
threat to the department of education, the state board of education, local board of
education, public charter school, LEA, participating school, or private school.
(5) If due process proceedings have been stayed due to a pending
criminal charge against an individual who is currently employed or has been
conditionally offered employment by the department of education, the state board
of education, any local board of education, public charter school, LEA,
participating school, or private school that enrolls a recipient, then the
department of children's services shall notify the department of education, the
state board of education, local board of education, public charter school, LEA,
participating school, or private school of the pending criminal charge.
(6) The department of education, the state board of education and the
department of children's services, in consultation, shall develop a procedure
whereby local boards of education, public charter schools, LEAs, participating
schools, and private schools that enroll recipients may submit to the department
of children's services the names of current employees and individuals who have
been conditionally offered employment with the local board of education, public
charter school, LEA, participating school, or private school, to determine if the
employee or individual has been found by the department of children's services
to have committed child abuse, severe child abuse, child sexual abuse, or child
- 4 - 011960
neglect, or to pose an immediate threat to the health, safety, or welfare of
children. Upon submission by the local board of education, public charter school,
LEA, participating school, or private school of the names of current employees
and individuals who have been conditionally offered employment, the department
of children's services shall timely provide the local board of education, public
charter school, LEA, participating school, or private school with the information in
subdivisions (e)(2)-(5).
(7) The department of education, the state board of education, local
boards of education, public charter schools, LEAs, participating schools, and
private schools that enroll recipients shall not hire or retain, and the state board
of education shall not grant a license, reactivate an expired license, restore a
revoked license, or grant a temporary teaching permit to, an individual whose
name has been placed on the state's vulnerable person's registry, the state's sex
offender registry, or on a registry similar to this state's vulnerable person's
registry or this state's sex offender registry in another jurisdiction.
(8) The department of children's services may promulgate rules to
effectuate the procedures described in subdivisions (e)(2)-(5). The rules must be
promulgated in accordance with the Uniform Administrative Procedures Act,
compiled in title 4, chapter 5.
(9) As used in this subsection (e):
(A) "Participating school" has the same meaning as defined in §§
49-6-2602 and 49-10-1402;
(B) "Private school" has the same meaning as defined in § 49-6-
3502; and
(C) "Recipient" has the same meaning as defined in § 49-6-3502.
- 5 - 011960
SECTION 2. Tennessee Code Annotated, Section 49-6-2607(e), is amended by adding
the following as a new subdivision:
(6) Comply with § 49-5-413(e).
SECTION 3. Tennessee Code Annotated, Title 49, Chapter 6, Part 35, is amended by
adding the following as a new section:
A private school that enrolls recipients shall comply with § 49-5-413(e).
SECTION 4. Tennessee Code Annotated, Section 49-10-1404(b), is amended by
adding the following as a new subdivision:
(4) Comply with § 49-5-413(e).
SECTION 5. Tennessee Code Annotated, Section 71-3-503, is amended by adding the
following as a new subsection:
(g)
(1) A child care agency that is exempt from licensing pursuant to
subsection (b) may request that the department of human services conduct a
review of an employee or potential employee of the exempt child care agency to
determine whether the employee or potential employee has a record of
perpetrating the abuse or neglect of children or adults, as indicated in the records
of the department of children's services or the department of human services.
(2) The department of human services, in consultation with the
department of children's services, shall create a form for an exempt child care
agency to request a review pursuant to this subsection (g).
(3) The department of human services shall conduct a review requested
in accordance with this subsection (g).
(4) The department of human services may promulgate rules to
effectuate the purposes of this subsection (g), including rules to identify the
- 6 - 011960
information the department must release to an exempt child care agency after a
review is conducted pursuant to this subsection (g) to ensure compliance with all
relevant privacy laws. The rules must be promulgated in accordance with the
Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
SECTION 6. For purposes 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.