1 | 1 | | |
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2 | 2 | | <BillNo> <Sponsor> |
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3 | 3 | | |
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4 | 4 | | SENATE BILL 1016 |
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5 | 5 | | By White |
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6 | 6 | | |
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7 | 7 | | |
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8 | 8 | | SB1016 |
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9 | 9 | | 003200 |
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10 | 10 | | - 1 - |
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11 | 11 | | |
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12 | 12 | | AN ACT to amend Tennessee Code Annotated, Title 49, |
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13 | 13 | | Chapter 1 and Title 49, Chapter 6, relative to |
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14 | 14 | | school safety. |
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15 | 15 | | |
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16 | 16 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: |
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17 | 17 | | SECTION 1. Tennessee Code Annotated, Section 49-6-804(a), is amended by |
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18 | 18 | | designating the existing language as subdivision (1) and adding the following new subdivision: |
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19 | 19 | | (2) |
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20 | 20 | | (A) Each district-wide school safety team and building-level school safety |
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21 | 21 | | team shall include in its district-wide school safety plan or building-level school |
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22 | 22 | | safety plan the process by which administrators of the LEA or school must notify |
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23 | 23 | | parents and legal guardians of students enrolled in the LEA or school of |
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24 | 24 | | emergencies and incidents of violence occurring on the grounds of the LEA or |
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25 | 25 | | school, as well as credible threats of violence made against the LEA, school, or |
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26 | 26 | | students or employees of the LEA or school, regardless of whether the parent's |
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27 | 27 | | or legal guardian's student was involved in, a witness to, a participant in, or a |
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28 | 28 | | target of, the emergency, incident of violence, or credible threat of violence. |
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29 | 29 | | (B) The process required in subdivision (a)(2)(A) must specify the |
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30 | 30 | | manner of communication and a general timeline for when parents and legal |
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31 | 31 | | guardians must be notified. It is the intent of the general assembly that parents |
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32 | 32 | | and legal guardians be notified as early as possible without interfering with any |
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33 | 33 | | disciplinary, investigatory, or prosecutorial function. |
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34 | 34 | | (C) Any disclosure made by an administrator of an LEA or school |
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35 | 35 | | pursuant to its district-wide school safety plan or building-level school safety plan |
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36 | 36 | | |
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37 | 37 | | |
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38 | 38 | | - 2 - 003200 |
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39 | 39 | | |
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40 | 40 | | for purposes of this subdivision (a)(2) must comply with the Family Educational |
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41 | 41 | | Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g); § 10-7-504; the Data |
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42 | 42 | | Accessibility, Transparency and Accountability Act, compiled in chapter 1, part 7 |
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43 | 43 | | of this title; and all other relevant state and federal privacy laws. |
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44 | 44 | | SECTION 2. Tennessee Code Annotated, Section 49-1-225(b), is amended by deleting |
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45 | 45 | | "§ 49-6-804(a)" and substituting instead "§ 49-6-804(a)(1)". |
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46 | 46 | | SECTION 3. Tennessee Code Annotated, Section 49-6-805(2), is amended by deleting |
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47 | 47 | | the subdivision and substituting instead the following: |
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48 | 48 | | (2) |
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49 | 49 | | (A) Policies and procedures for communication with law enforcement |
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50 | 50 | | officials in the event of emergencies and incidents of, or threats of, violence; and |
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51 | 51 | | (B) |
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52 | 52 | | (i) Policies and procedures by which an LEA or school must notify |
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53 | 53 | | parents and legal guardians of students enrolled in the LEA or school of |
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54 | 54 | | emergencies and incidents of violence occurring on the grounds of the |
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55 | 55 | | LEA or school, as well as credible threats of violence made against the |
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56 | 56 | | LEA, school, or students or employees of the LEA or school, regardless |
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57 | 57 | | of whether the parent's or legal guardian's student was involved in, a |
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58 | 58 | | witness to, a participant in, or a target of, the emergency, incident of |
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59 | 59 | | violence, or credible threat of violence; |
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60 | 60 | | (ii) The process established in the template must require the LEA |
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61 | 61 | | or school to specify the manner of communication and a general timeline |
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62 | 62 | | for when parents and legal guardians must be notified. It is the intent of |
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63 | 63 | | the general assembly that parents and legal guardians be notified as |
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64 | 64 | | |
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65 | 65 | | |
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66 | 66 | | - 3 - 003200 |
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67 | 67 | | |
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68 | 68 | | early as possible without interfering with any disciplinary, investigatory, or |
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69 | 69 | | prosecutorial function; and |
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70 | 70 | | (iii) The template must direct that all disclosures made by an |
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71 | 71 | | administrator of an LEA or school pursuant to its district-wide school |
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72 | 72 | | safety plan or building-level school safety plan for purposes of this |
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73 | 73 | | subdivision (2)(B) must comply with the Family Educational Rights and |
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74 | 74 | | Privacy Act (FERPA) (20 U.S.C. § 1232g); § 10-7-504; the Data |
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75 | 75 | | Accessibility, Transparency and Accountability Act, compiled in chapter 1, |
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76 | 76 | | part 7 of this title; and all other relevant state and federal privacy laws; |
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77 | 77 | | SECTION 4. Tennessee Code Annotated, Section 49-6-2701, is amended by deleting |
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78 | 78 | | subsection (d) and substituting instead the following: |
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79 | 79 | | (d) |
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80 | 80 | | (1) The threat assessment team shall document all behaviors and |
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81 | 81 | | incidents deemed to pose a risk to school safety or that result in intervention and |
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82 | 82 | | shall provide the information to the LEA or public charter school, as applicable. |
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83 | 83 | | The LEA or public charter school must consider the information when reviewing |
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84 | 84 | | and developing a district-wide or building-level school safety plan. |
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85 | 85 | | (2) The LEA's director of schools or the director of the public charter |
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86 | 86 | | school, as applicable, or the respective director's designee, must notify parents |
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87 | 87 | | and legal guardians of students enrolled in the LEA or public charter school of |
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88 | 88 | | incidents deemed to pose a risk to school safety or that result in intervention that |
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89 | 89 | | are reported to the LEA or public charter school pursuant to subdivision (d)(1), if |
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90 | 90 | | the incident would require parental notification pursuant to the LEA's or public |
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91 | 91 | | charter school's district-wide school safety plan or building-level school safety |
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92 | 92 | | plan. It is the intent of the general assembly that parents and legal guardians be |
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93 | 93 | | |
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94 | 94 | | |
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95 | 95 | | - 4 - 003200 |
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96 | 96 | | |
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97 | 97 | | notified as early as possible without interfering with any disciplinary, |
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98 | 98 | | investigatory, or prosecutorial function. |
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99 | 99 | | (3) All information documented pursuant to subdivision (d)(1) must be |
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100 | 100 | | documented in accordance with, and all disclosures made by an LEA or public |
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101 | 101 | | charter school pursuant to subdivision (d)(2) must comply with, the Family |
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102 | 102 | | Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g), § 10-7-504, |
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103 | 103 | | and all other relevant state and federal privacy laws. |
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104 | 104 | | SECTION 5. Section 4 of this act takes effect upon becoming a law, the public welfare |
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105 | 105 | | requiring it. All other sections of this act take effect January 1, 2026, the public welfare requiring |
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106 | 106 | | it, and apply to district-wide school safety plans and building-level school safety plans in effect |
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107 | 107 | | on or after that date. |
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