Tennessee House Bill HB0459

Tennessee 2023-2024 Regular Session

• Introduced: 1/25/23
• Refer: 2/1/23
• Refer: 2/21/23
• Refer: 3/15/23
• Chaptered: 5/3/23
• Passed: 5/3/23

Caption

AN ACT to amend Tennessee Code Annotated, Title 49, Chapter 5, relative to individuals prohibited from employment with an educational entity.

Impact

The implementation of HB 0459 is expected to have a significant impact on state laws concerning the employment practices of educational entities. By reinforcing measures that prevent individuals who have committed serious offenses against children from working in schools, the bill aims to enhance the safety and wellbeing of students. It also introduces provisions related to the handling of due process rights for accused individuals, ensuring that employment decisions are made fairly and legally, thereby striking a balance between protecting children and upholding individual rights.

Summary

House Bill 0459 is a legislative proposal aiming to amend Tennessee Code Annotated, Title 49, Chapter 5, which pertains to the employment of individuals within educational entities. The primary focus of the bill is to establish stricter guidelines regarding the hiring and retention of individuals who have been found guilty of child abuse, severe child abuse, child sexual abuse, or child neglect. The bill mandates that educational entities, including the state board of education, local boards of education, and public charter schools, must not employ or retain individuals who have been reported by the department of children's services for such offenses, ensuring a higher level of protection for students in educational environments.

Sentiment

The sentiment surrounding the bill appears to be generally supportive, reflecting a collective concern for the safety of minors within educational institutions. Lawmakers and advocacy groups focused on child welfare advocate for the bill, recognizing the necessity of preventing potential predators from entering educational settings. However, there may be some contention regarding the due process provisions, with concerns raised about how these may affect the rights of individuals who are accused but not convicted, highlighting the need for careful scrutiny of the bill's language and enforcement mechanisms.

Contention

Notable points of contention around HB 0459 include the implications of its due process stipulations, particularly how they require a thorough investigation of any claims made against prospective employees before employment bans are enacted. This could lead to debates about how to balance protecting vulnerable children while also ensuring that accused individuals are treated fairly in accordance with their rights. Thus, while most agree on the importance of safeguarding children, discussions around the nuances of the bill could lead to differing opinions on its implementation.