Tennessee Senate Bill SB0743

Tennessee 2023-2024 Regular Session

• Introduced: 1/30/23
• Engrossed: 2/27/23
• Enrolled: 4/11/23
• Passed: 4/25/23
• Chaptered: 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 enactment of SB 743 will significantly impact state laws related to hiring practices within educational institutions. By reinforcing the prohibition on hiring individuals linked to serious offenses against children, the bill will contribute to a systemic approach to preventing abuse within schools. Furthermore, it emphasizes the importance of due process, as it requires that the department of children's services must first determine due process rights before reporting individuals as perpetrators. This amendment is pivotal in balancing the protection of children with the rights of potential employees, which could lead to more structured and just hiring practices across Tennessee's educational landscape.

Summary

Senate Bill 743 aims to amend the Tennessee Code Annotated, specifically Title 49, Chapter 5, regarding the employment of individuals by educational entities. The core focus of the bill is to ensure that individuals with backgrounds in child abuse, severe child abuse, child sexual abuse, or child neglect are prohibited from employment within educational institutions. This move is an effort to enhance child safety and make schools safer environments for students. The legislation explicitly outlines the conditions under which the state board of education and local educational agencies cannot hire or retain individuals found to have committed such offenses, thereby strengthening the vetting process for educators and other school staff.

Sentiment

The sentiment surrounding SB 743 appears to be predominantly supportive, especially among legislators who are focused on child welfare and education safety. The unanimous voting result (93 yeas, 0 nays) reflects a consensus among lawmakers that this legislation is necessary for the protection of students. Nevertheless, there may still be underlying concerns about the implementation aspects of determining due process rights and offenders' opportunities for rehabilitation or appeal, although these were not highlighted in the voting discussions.

Contention

A notable point of contention regarding SB 743 is the specific process of due process that individuals accused of severe offenses must navigate. The bill stipulates that individuals shall only be reported as offenders if their due process rights have been exhausted or concluded, which could raise concerns about the timeline and fairness of such determinations. There is a delicate balance to be maintained here, ensuring that child protection measures are strict yet just, potentially setting the stage for further debates around child safety rights versus individual employment rights in education.