Tennessee 2025-2026 Regular Session

Tennessee House Bill HB1323 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	SENATE BILL 1311
3	3	By Johnson
4	4
5	5	HOUSE BILL 1323
6	6	By Lamberth
7	7
8	8
9	9	HB1323
10	10	001105
11	11	- 1 -
12	12
13	13	AN ACT to amend Tennessee Code Annotated, Title 49,
14	14	Chapter 5 and Title 49, Chapter 6, relative to
15	15	teacher licensure.
16	16
17	17	BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
18	18	SECTION 1. Tennessee Code Annotated, Section 49-5-106, is amended by deleting the
19	19	section and substituting instead the following:
20	20	(a) It is the intent of the general assembly to urge LEAs and public charter
21	21	schools to make every effort to staff kindergarten through grade twelve (K-12) teaching
22	22	positions with personnel fully licensed and endorsed for such grades.
23	23	(b) After a director of schools or a director of a public charter school notifies the
24	24	local board of education or the governing body of the public charter school, as
25	25	applicable, that the LEA or public charter school is unable to secure a qualified teacher
26	26	with a valid license for the type and kind of school in which a vacancy exists, the director
27	27	of schools or the director of the public charter school may certify the same to the
28	28	commissioner of education. Upon the commissioner's receipt of the certification, the
29	29	commissioner may grant to an individual recommended by the director of schools or the
30	30	director of the public charter school, as applicable, on behalf of the state board of
31	31	education, under conditions prescribed in the state board's rules, one (1) of the following
32	32	emergency teaching credentials to teach in the unfilled position:
33	33	(1) A temporary academic permit to an individual who does not hold an
34	34	active Tennessee educator license but who has earned, at a minimum, a
35	35	bachelor's degree from a regionally or nationally accredited college or university
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40	40	recognized by the Council for Higher Education Accreditation or the United
41	41	States department of education;
42	42	(2) A temporary clinical permit to an individual who does not hold an
43	43	active Tennessee educator license but who:
44	44	(A) Is enrolled in a state-board-approved educator preparation
45	45	program (EPP);
46	46	(B) Has completed all EPP coursework, except for the clinical
47	47	practice required pursuant to § 49-5-5604 and the rules of the state board
48	48	of education;
49	49	(C) Has a letter of recommendation from the EPP in which the
50	50	individual is enrolled; and
51	51	(D) Has a conditional offer of employment, made by the director
52	52	of schools or the director of the public charter school, as applicable, for
53	53	the individual to fill a position for which the LEA or public charter school is
54	54	unable to secure a qualified teacher with a valid license for the type and
55	55	kind of school in which a vacancy exists; or
56	56	(3) A license endorsement exemption to an educator who holds a full,
57	57	valid, and active Tennessee educator license.
58	58	(c) Emergency credentials granted pursuant to subsection (b) are valid only until
59	59	June 30 following the date on which the credential was issued.
60	60	(d) A temporary clinical permit granted pursuant to subdivision (b)(2) is not
61	61	renewable.
62	62	(e)
63	63
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67	67	(1) When determining whether to grant a temporary academic permit
68	68	pursuant to subdivision (b)(1) to allow an individual to teach a course for which
69	69	an end-of-course examination is required, the commissioner shall consider:
70	70	(A) The availability of other faculty or staff who are qualified to
71	71	teach the course for which an end-of-course examination is required;
72	72	(B) The timing of the vacancy in relation to the school calendar of
73	73	the LEA or public charter school, such as whether the vacancy occurs
74	74	during the school year or between school years; and
75	75	(C) In cases where a vacancy for a course requiring an end-of-
76	76	course examination occurs outside the school calendar of the LEA or
77	77	public charter school, the LEA's or public charter school's efforts to
78	78	advertise the vacancy.
79	79	(2) An individual who receives a temporary academic permit to teach a
80	80	course for which an end-of-course examination is required must be assigned a
81	81	mentor teacher by the director of schools or the director of the public charter
82	82	school, as applicable.
83	83	(f) Notwithstanding subsection (b), the commissioner shall not grant a person, on
84	84	behalf of the state board, an emergency teaching credential to teach a special education
85	85	course.
86	86	(g) An individual who teaches under a temporary clinical permit issued pursuant
87	87	to this section satisfies the clinical experience required pursuant to § 49-5-5604 if:
88	88	(1) The individual is assigned to, and receives guidance, evaluations,
89	89	and instructions from, an educator for an amount of time that is at least equal to
90	90	the amount of time required for candidates of the EPP in which the individual is
91	91	enrolled to meet the EPP's clinical experience requirements;
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96	96	(2) The educator assigned to the individual evaluates the individual as
97	97	having adequately met the same requirements that candidates of the EPP in
98	98	which the individual is enrolled must meet to satisfy the clinical experience
99	99	requirements of § 49-5-5604; and
100	100	(3) The individual teaches under a temporary clinical permit for an
101	101	amount of time that is at least equal to the amount of time required for candidates
102	102	of the EPP in which the individual is enrolled to complete the clinical experience
103	103	requirements of § 49-5-5604.
104	104	(h) A local board of education or the governing body of a public charter school
105	105	may enter into a one-year contract with a teacher who holds a temporary academic
106	106	permit granted pursuant to subdivision (b)(1), but who does not hold a valid Tennessee
107	107	educator license. The local board of education or the governing body of the public
108	108	charter school may only renew such a contract if the local board of education or the
109	109	governing body of the public charter school is unable to secure a qualified teacher with a
110	110	valid license for the type and kind of school in which the vacancy exists.
111	111	(i)
112	112	(1) A director of schools or a director of a public charter school who
113	113	learns of the conviction of a teacher who holds a temporary academic permit or a
114	114	temporary clinical permit, and who is employed by the director's LEA or public
115	115	charter school, for any offense listed in § 49-5-417(a) shall report the conviction
116	116	to the state board. The state board shall set the time frame within which a
117	117	director of schools or a director of a public charter school must report the
118	118	conviction of a teacher who holds a temporary academic permit or a temporary
119	119	clinical permit. The state board may specify other offenses for which a director of
120	120	schools or a director of a public charter school is required to report to the state
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125	125	board upon learning of a conviction of a teacher who holds a temporary
126	126	academic permit or a temporary clinical permit.
127	127	(2) A director of schools or a director of a public charter school shall
128	128	report to the state board a teacher who holds a temporary academic permit or a
129	129	temporary clinical permit, and who is employed by the director's LEA or public
130	130	charter school, who has been suspended or dismissed, or who has resigned
131	131	following allegations of misconduct, including sexual misconduct, which, if
132	132	substantiated, would warrant consideration for disciplinary action under state
133	133	board rules. As used in this subdivision (i)(2), "sexual misconduct" has the same
134	134	meaning as defined in § 49-5-417(c)(5).
135	135	(j)
136	136	(1) Notwithstanding another law to the contrary, and except as provided
137	137	in subdivision (j)(3), a teacher who holds the teacher's third temporary academic
138	138	permit may apply to the department for a limited license to continue teaching the
139	139	course or subject area taught pursuant to the teacher's temporary academic
140	140	permit. The department shall approve a teacher's application for a limited license
141	141	to continue teaching the course or subject area taught pursuant to the teacher's
142	142	temporary academic permit if the teacher:
143	143	(A) Holds a valid temporary academic permit;
144	144	(B) Earned a level of overall effectiveness score of "above
145	145	expectations" or "significantly above expectations" on the teacher's most
146	146	recent evaluation pursuant to § 49-1-302;
147	147	(C) Provides a letter from the director of schools or the director of
148	148	the public charter school for the LEA or school at which the teacher
149	149	taught pursuant to the teacher's temporary permit recommending that the
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154	154	teacher receive a limited license with the same endorsement granted to
155	155	the teacher pursuant to the teacher's temporary academic permit; and
156	156	(D) Agrees, in writing, to begin a pathway approved by the state
157	157	board for transitioning educators from a limited license to a practitioner
158	158	license.
159	159	(2) Limited licenses are valid for two (2) school years and are not
160	160	renewable.
161	161	(3) The department shall not issue a limited license to teach a special
162	162	education course.
163	163	(4) The state board of education shall promulgate rules, in accordance
164	164	with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to
165	165	establish:
166	166	(A) Any requirements, in addition to the requirements established
167	167	in this section, for the issuance of a limited license; and
168	168	(B) A pathway for a teacher who holds a limited license to obtain
169	169	a practitioner license, including rules to establish:
170	170	(i) Minimum requirements for coursework provided by an
171	171	EPP or a provider approved by the department of education and
172	172	the state board of education that is focused on foundational
173	173	pedagogical skills, including foundational literacy skills in
174	174	accordance with the Tennessee Literacy Success Act, compiled in
175	175	chapter 1, part 9 of this title;
176	176	(ii) Benchmarks for teachers who hold a limited license to
177	177	show that the teacher has met the state board's expectations for
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182	182	adequate content knowledge in the subject area taught by the
183	183	teacher;
184	184	(iii) Requirements for teachers who hold a limited license
185	185	to receive support from a highly-effective clinical mentor; and
186	186	(iv) Professional assessment requirements.
187	187	(k) The department of education shall report to the education committee of the
188	188	senate and the committees of the house of representatives having jurisdiction over
189	189	teacher licensure the number of temporary teaching permits requested and granted for
190	190	individuals to teach courses for which an end-of-course examination is required for the
191	191	2024-2025 school year, the 2025-2026 school year, and the 2026-2027 school year,
192	192	respectively, by July 1, 2027.
193	193	SECTION 2. Tennessee Code Annotated, Section 49-5-110, is amended by deleting the
194	194	section and substituting instead the following:
195	195	(a)
196	196	(1) To be eligible to receive a limited occupational teaching license, an
197	197	individual must:
198	198	(A) Have received a conditional offer of employment from the
199	199	director of schools or director of the public charter school, as applicable;
200	200	(B)
201	201	(i) Have a minimum of five (5) years of relevant work
202	202	experience, completed within the last ten (10) years, or a
203	203	minimum of three (3) years of relevant work experience,
204	204	completed within the last five (5) years, in the area of
205	205	endorsement or equivalent educational attainment; or
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210	210	(ii) Hold an active industry license or credential, including
211	211	one issued by another state, for the area of endorsement, if an
212	212	industry license or credential is available;
213	213	(C) Agree in writing to complete, during the period for which the
214	214	initial limited occupational teaching license is issued, training conducted
215	215	by the LEA or public charter school, in accordance with the state board of
216	216	education's rules, in the subjects of classroom management, serving
217	217	students with disabilities and English language learners, and the teacher
218	218	code of ethics; and
219	219	(D) Be assigned, and work with, a mentor teacher in accordance
220	220	with requirements established by the state board of education.
221	221	(2) To be eligible for a practitioner occupational teacher license, an
222	222	individual must:
223	223	(A) Be enrolled in a state-board-approved educator preparation
224	224	program with a job-embedded clinical practice; or
225	225	(B) Have completed a state-board-approved educator preparation
226	226	program.
227	227	(b) A limited occupational teaching license issued pursuant to subdivision (a)(1):
228	228	(1) Is valid for three (3) years; and
229	229	(2) May only be renewed if the holder of the license:
230	230	(A) Earned a level of overall effectiveness score of "above
231	231	expectations" or "significantly above expectations" according to the
232	232	evaluation guidelines adopted by the state board of education pursuant to
233	233	§ 49-1-302 for each of the first two (2) school years immediately following
234	234	issuance of the individual's license;
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239	239	(B) Has completed the training described in subdivision (a)(1)(C);
240	240	and
241	241	(C) Meets the requirements for renewal established in the state
242	242	board of education's rules.
243	243	(c) Enrollment in, or completion of, a state-board-approved educator preparation
244	244	program is not required for an individual to receive a limited occupational teaching
245	245	license.
246	246	(d) An educator who holds a limited occupational teaching license or a
247	247	practitioner occupational teaching license pursuant to this section must meet all
248	248	requirements for license advancement and renewal established in this section and in the
249	249	state board of education's rules in order to advance or renew the license.
250	250	(e) The state board of education shall promulgate rules, in accordance with the
251	251	Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to establish any
252	252	requirements in addition to those provided in this section for the issuance of a limited
253	253	occupational teaching license or a practitioner occupational teaching license.
254	254	SECTION 3. Tennessee Code Annotated, Section 49-5-112(a), is amended by deleting
255	255	the second sentence of the subsection and substituting:
256	256	An initial license issued pursuant to this section must bear an endorsement to teach only
257	257	the subject area the person taught at the eligible postsecondary institution. After the
258	258	initial license is issued, an additional endorsement may be added to the license pursuant
259	259	to the state board of education's rules.
260	260	SECTION 4. Tennessee Code Annotated, Section 49-5-114, is amended by deleting the
261	261	section.
262	262	SECTION 5. Tennessee Code Annotated, Section 49-5-115, is amended by deleting the
263	263	section.
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268	268	SECTION 6. Tennessee Code Annotated, Title 49, Chapter 5, Part 1, is amended by
269	269	adding the following as a new section:
270	270	49-5-116. Teaching a course with an end-of-course examination.
271	271	A teacher with a valid license shall not teach a course for which an end-of-course
272	272	examination is required for students to satisfy graduation requirements established by
273	273	the state board of education pursuant to § 49-6-6001(a) if the teacher's license does not
274	274	carry a subject specific endorsement for the subject area of the course unless the
275	275	teacher:
276	276	(1) Demonstrates sufficient content knowledge in the course material by
277	277	taking and passing, at the teacher's own expense, a standardized or criterion-
278	278	referenced test for the content area; or
279	279	(2) Possesses a license endorsement exemption pursuant to § 49-5-106.
280	280	SECTION 7. Tennessee Code Annotated, Section 49-6-1021(e), is amended by
281	281	deleting subdivision (3) and substituting:
282	282	(3) Physical education classes must be taught by an educator who holds a
283	283	credential in accordance with chapter 5 of this title and the state board of education's
284	284	rules.
285	285	SECTION 8. Tennessee Code Annotated, Section 49-6-6006, is amended by deleting
286	286	the section.
287	287	SECTION 9. The headings in this act are for reference purposes only and do not
288	288	constitute a part of the law enacted by this act. However, the Tennessee Code Commission is
289	289	requested to include the headings in any compilation or publication containing this act.
290	290	SECTION 10. For purposes of promulgating rules, this act takes effect upon becoming a
291	291	law, the public welfare requiring it. For all other purposes, this act takes effect July 1, 2025, the
292	292	public welfare requiring it.