1 | 1 | | |
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2 | 2 | | HOUSE BILL 682 |
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3 | 3 | | By Jones J |
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4 | 4 | | |
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5 | 5 | | SENATE BILL 699 |
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6 | 6 | | By Kyle |
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7 | 7 | | |
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8 | 8 | | |
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9 | 9 | | SB0699 |
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10 | 10 | | 002308 |
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11 | 11 | | - 1 - |
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12 | 12 | | |
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13 | 13 | | AN ACT to amend Tennessee Code Annotated, Title 33; |
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14 | 14 | | Title 37 and Title 49, relative to students of |
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15 | 15 | | schools where an act of mass violence occurs. |
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16 | 16 | | |
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17 | 17 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: |
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18 | 18 | | SECTION 1. This act is known and may be cited as the "Student Comfort through |
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19 | 19 | | Alternative Restorative Environments (CARE) Act". |
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20 | 20 | | SECTION 2. Tennessee Code Annotated, Section 49-16-105, is amended by deleting |
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21 | 21 | | the section and substituting: |
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22 | 22 | | (a) |
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23 | 23 | | (1) Except as provided in subsection (b): |
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24 | 24 | | (A) This chapter does not require local education agencies to |
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25 | 25 | | offer or participate in a virtual education program; and |
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26 | 26 | | (B) Participation in a virtual education program by a student is at |
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27 | 27 | | the discretion of the LEA in which the student is enrolled or zoned to |
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28 | 28 | | attend. |
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29 | 29 | | (2) Students who are receiving hospital or homebound instruction are |
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30 | 30 | | eligible to participate in a virtual education program that is offered by the LEA. |
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31 | 31 | | (b) |
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32 | 32 | | (1) As used in this subsection (b), "mass violence" means any act that |
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33 | 33 | | leads to serious bodily injury, as defined in § 39-11-106, or death, of two (2) or |
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34 | 34 | | more persons. |
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35 | 35 | | (2) Each local board of education and each governing body of a public |
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36 | 36 | | charter school shall adopt and implement a policy that allows a student who is |
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37 | 37 | | |
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38 | 38 | | |
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39 | 39 | | - 2 - 002308 |
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40 | 40 | | |
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41 | 41 | | enrolled in a school of the LEA or a public charter school at the time that an act |
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42 | 42 | | of mass violence is committed at the school to participate in a virtual education |
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43 | 43 | | program for no less than thirty-one (31) calendar days from the date that in- |
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44 | 44 | | person learning first resumes at the school after the act of mass violence is |
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45 | 45 | | committed. |
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46 | 46 | | (3) A student's participation in a virtual school program pursuant to this |
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47 | 47 | | subsection (b) is voluntary pursuant to the request of the student's parent, |
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48 | 48 | | guardian, person who has custody of the student, individual who has caregiving |
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49 | 49 | | authority under § 49-6-3001, or the student if the student is at least eighteen (18) |
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50 | 50 | | years of age. |
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51 | 51 | | (4) A policy adopted pursuant to this subsection (b) must provide that a |
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52 | 52 | | student who voluntarily participates in a virtual school program pursuant to this |
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53 | 53 | | subsection (b): |
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54 | 54 | | (A) Is not subject to academic or other penalization based solely |
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55 | 55 | | on participation in the virtual school program; and |
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56 | 56 | | (B) Is eligible to receive all counseling and other mental health |
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57 | 57 | | resources that are made available to students by the LEA or public |
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58 | 58 | | charter school. |
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59 | 59 | | (5) An LEA or public charter school shall notify the department of |
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60 | 60 | | education if a student who is enrolled in a school of the LEA or the public charter |
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61 | 61 | | school participates in a virtual school program pursuant to this subsection (b) or |
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62 | 62 | | remote instruction pursuant to § 49-6-3004(j) and report to the department the |
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63 | 63 | | length of time the student is authorized to participate in the program or remote |
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64 | 64 | | instruction. |
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65 | 65 | | |
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66 | 66 | | |
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67 | 67 | | - 3 - 002308 |
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68 | 68 | | |
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69 | 69 | | SECTION 3. Tennessee Code Annotated, Section 49-6-3004, is amended by adding |
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70 | 70 | | the following as a new subsection: |
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71 | 71 | | (j) |
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72 | 72 | | (1) An LEA shall provide thirty-one (31) calendar days, or a longer period |
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73 | 73 | | as determined by a policy established by the LEA, of the required one hundred |
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74 | 74 | | eighty (180) days of classroom instruction pursuant to subdivision (a)(1) via |
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75 | 75 | | remote instruction to a student who is enrolled in a public school at the time that |
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76 | 76 | | an act of mass violence is committed at the school. The period of remote |
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77 | 77 | | instruction required by this subsection (j) must commence on the date that in- |
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78 | 78 | | person instruction first resumes at the school following the commission of the act |
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79 | 79 | | of mass violence. |
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80 | 80 | | (2) Participation in remote instruction pursuant to this subsection (j) is |
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81 | 81 | | voluntary pursuant to the request of the student's parent, guardian, person who |
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82 | 82 | | has custody of the student, or individual who has caregiving authority under § 49- |
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83 | 83 | | 6-3001, if the student is a minor, or the student, if the student is at least eighteen |
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84 | 84 | | (18) years of age. |
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85 | 85 | | (3) A student who voluntarily participates in remote instruction pursuant |
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86 | 86 | | to this subsection (j): |
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87 | 87 | | (A) Is not subject to academic or other penalization based solely |
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88 | 88 | | on participation in such remote instruction; and |
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89 | 89 | | (B) Is eligible to receive all counseling and other mental health |
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90 | 90 | | resources that are made available to students who return to in-person |
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91 | 91 | | instruction at the school where the act of mass violence is committed |
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92 | 92 | | when in-person instruction first resumes. |
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93 | 93 | | |
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94 | 94 | | |
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95 | 95 | | - 4 - 002308 |
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96 | 96 | | |
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97 | 97 | | (4) An LEA shall comply with the requirements of subdivisions (i)(4)–(7) |
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98 | 98 | | when providing remote instruction to a student pursuant to this subsection (j). |
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99 | 99 | | (5) As used in this subsection (j): |
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100 | 100 | | (A) "Mass violence" means any act that leads to the serious |
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101 | 101 | | bodily injury, as defined in § 39-11-106, or the death, of two (2) or more |
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102 | 102 | | persons; and |
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103 | 103 | | (B) "Remote instruction" has the same meaning as in subdivision |
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104 | 104 | | (i)(8). |
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105 | 105 | | SECTION 4. This act takes effect upon becoming a law, the public welfare requiring it, |
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106 | 106 | | and applies to the 2025-2026 school year and each school year thereafter. |
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