SENATE BILL 386
By Taylor
HOUSE BILL 522
By Reedy
HB0522
002255
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AN ACT to amend Tennessee Code Annotated, Title 16;
Title 37 and Title 49, relative to student behavior.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 49, Chapter 6, Part 3, is amended by
adding the following as a new section:
(a) This section is known and may be cited as the "Early Behavioral Intervention
and Reporting Act."
(b) As used in this section, "early warning signs" means evidence of a student's
safety, health, or behavioral issues and includes, but is not limited to, indicators of a
student engaging in or being the victim of harassment, intimidation, bullying, or cyber-
bullying; making or receiving threats of violence; and exhibiting signs of substance
abuse, mental health issues, self-harm, or suicidal ideation.
(c) Each LEA and public charter school shall implement a computer-based
system that teachers and school staff must use to input data of early warning signs
demonstrated by students enrolled in the LEA or public charter school. Each LEA and
public charter school shall ensure that each teacher and school staff member is trained
to identify early warning signs and on how to input data into the computer-based system.
(d) The computer-based system implemented pursuant to subsection (c) must:
(1) Align with the requirements in § 49-6-4503; the School Discipline Act,
compiled in part 41 of this chapter; and the school safety plans adopted by the
LEA or public charter school pursuant to the Schools Against Violence in
Education (SAVE) Act, compiled in part 8 of this chapter;
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(2) Include a database that is capable of receiving and maintaining
student data entered by teachers and school staff on the early warning signs
demonstrated by its students; and
(3) Immediately notify the LEA's or public charter school's personnel
serving on the LEA's or public charter school's threat assessment team created
pursuant to § 49-6-2701 when an early warning sign is entered into the system
for a student.
(e) The LEA or public charter school personnel receiving a notification of an
early warning sign of a student pursuant to subdivision (d)(3) shall review the
notification, and any notifications of the student previously received, and determine
whether further action is needed to address the student's behavior of an early warning
sign.
(f) Each LEA and public charter school shall annually submit a report to the
department of education summarizing the data collected in the immediately preceding
school year and the interventions provided, if any.
(g) Reports made pursuant to this section must comply with the Family
Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g); § 10-7-504; the Data
Accessibility, Transparency, and Accountability Act, compiled in chapter 1, part 7 of this
title; and all other relevant privacy laws.
(h) If the commissioner of education finds that an LEA or public charter school is
not complying with this section, then the commissioner may withhold state funds, in an
amount determined by the commissioner, from the LEA or public charter school until the
LEA or public charter school is in compliance with this section.
SECTION 2. Tennessee Code Annotated, Section 49-6-2701, is amended by adding
"and public charter school" after "Each LEA", adding "or public charter school" after "LEA"
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wherever it appears in the section, adding "or public charter school's" after "LEA's" in subsection
(b), adding "or public charter school governing body" after "local board of education" in
subsection (e), and adding "or the director of the public charter school" after "the director of
schools" in subsection (e).
SECTION 3. Tennessee Code Annotated, Section 49-6-2702(b), is amended by adding
"or public charter school" after "LEA" and adding "or public charter school's" after "LEA's".
SECTION 4. This act takes effect July 1, 2025, the public welfare requiring it.