| 4 | 3 | | |
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| 5 | 4 | | SENATE BILL 386 |
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| 6 | 5 | | By Taylor |
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| 7 | 6 | | |
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| 8 | 7 | | |
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| 9 | 8 | | SB0386 |
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| 10 | 9 | | 002255 |
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| 11 | 10 | | - 1 - |
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| 12 | 11 | | |
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| 13 | 12 | | AN ACT to amend Tennessee Code Annotated, Title 16; |
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| 14 | 13 | | Title 37 and Title 49, relative to student behavior. |
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| 15 | 14 | | |
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| 16 | 15 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: |
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| 17 | 16 | | SECTION 1. Tennessee Code Annotated, Title 49, Chapter 6, Part 3, is amended by |
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| 18 | 17 | | adding the following as a new section: |
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| 19 | 18 | | (a) This section is known and may be cited as the "Early Behavioral Intervention |
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| 20 | 19 | | and Reporting Act." |
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| 21 | 20 | | (b) As used in this section, "early warning signs" means evidence of a student's |
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| 22 | 21 | | safety, health, or behavioral issues and includes, but is not limited to, indicators of a |
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| 23 | 22 | | student engaging in or being the victim of harassment, intimidation, bullying, or cyber- |
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| 24 | 23 | | bullying; making or receiving threats of violence; and exhibiting signs of substance |
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| 25 | 24 | | abuse, mental health issues, self-harm, or suicidal ideation. |
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| 26 | 25 | | (c) Each LEA and public charter school shall implement a computer-based |
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| 27 | 26 | | system that teachers and school staff must use to input data of early warning signs |
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| 28 | 27 | | demonstrated by students enrolled in the LEA or public charter school. Each LEA and |
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| 29 | 28 | | public charter school shall ensure that each teacher and school staff member is trained |
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| 30 | 29 | | to identify early warning signs and on how to input data into the computer-based system. |
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| 31 | 30 | | (d) The computer-based system implemented pursuant to subsection (c) must: |
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| 32 | 31 | | (1) Align with the requirements in § 49-6-4503; the School Discipline Act, |
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| 33 | 32 | | compiled in part 41 of this chapter; and the school safety plans adopted by the |
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| 34 | 33 | | LEA or public charter school pursuant to the Schools Against Violence in |
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| 35 | 34 | | Education (SAVE) Act, compiled in part 8 of this chapter; |
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| 36 | 35 | | |
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| 37 | 36 | | |
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| 38 | 37 | | - 2 - 002255 |
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| 39 | 38 | | |
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| 40 | 39 | | (2) Include a database that is capable of receiving and maintaining |
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| 41 | 40 | | student data entered by teachers and school staff on the early warning signs |
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| 42 | 41 | | demonstrated by its students; and |
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| 43 | 42 | | (3) Immediately notify the LEA's or public charter school's personnel |
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| 44 | 43 | | serving on the LEA's or public charter school's threat assessment team created |
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| 45 | 44 | | pursuant to § 49-6-2701 when an early warning sign is entered into the system |
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| 46 | 45 | | for a student. |
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| 47 | 46 | | (e) The LEA or public charter school personnel receiving a notification of an |
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| 48 | 47 | | early warning sign of a student pursuant to subdivision (d)(3) shall review the |
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| 49 | 48 | | notification, and any notifications of the student previously received, and determine |
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| 50 | 49 | | whether further action is needed to address the student's behavior of an early warning |
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| 51 | 50 | | sign. |
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| 52 | 51 | | (f) Each LEA and public charter school shall annually submit a report to the |
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| 53 | 52 | | department of education summarizing the data collected in the immediately preceding |
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| 54 | 53 | | school year and the interventions provided, if any. |
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| 55 | 54 | | (g) Reports made pursuant to this section must comply with the Family |
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| 56 | 55 | | Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g); § 10-7-504; the Data |
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| 57 | 56 | | Accessibility, Transparency, and Accountability Act, compiled in chapter 1, part 7 of this |
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| 58 | 57 | | title; and all other relevant privacy laws. |
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| 59 | 58 | | (h) If the commissioner of education finds that an LEA or public charter school is |
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| 60 | 59 | | not complying with this section, then the commissioner may withhold state funds, in an |
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| 61 | 60 | | amount determined by the commissioner, from the LEA or public charter school until the |
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| 62 | 61 | | LEA or public charter school is in compliance with this section. |
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| 63 | 62 | | SECTION 2. Tennessee Code Annotated, Section 49-6-2701, is amended by adding |
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| 64 | 63 | | "and public charter school" after "Each LEA", adding "or public charter school" after "LEA" |
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| 65 | 64 | | |
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| 66 | 65 | | |
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| 67 | 66 | | - 3 - 002255 |
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| 68 | 67 | | |
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| 69 | 68 | | wherever it appears in the section, adding "or public charter school's" after "LEA's" in subsection |
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| 70 | 69 | | (b), adding "or public charter school governing body" after "local board of education" in |
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| 71 | 70 | | subsection (e), and adding "or the director of the public charter school" after "the director of |
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| 72 | 71 | | schools" in subsection (e). |
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| 73 | 72 | | SECTION 3. Tennessee Code Annotated, Section 49-6-2702(b), is amended by adding |
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| 74 | 73 | | "or public charter school" after "LEA" and adding "or public charter school's" after "LEA's". |
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| 75 | 74 | | SECTION 4. This act takes effect July 1, 2025, the public welfare requiring it. |
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