1 | 1 | | |
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2 | 2 | | HOUSE BILL 1109 |
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3 | 3 | | By Salinas |
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4 | 4 | | |
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5 | 5 | | SENATE BILL 1180 |
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6 | 6 | | By Akbari |
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7 | 7 | | |
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8 | 8 | | |
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9 | 9 | | SB1180 |
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10 | 10 | | 003231 |
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11 | 11 | | - 1 - |
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12 | 12 | | |
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13 | 13 | | AN ACT to amend Chapter __ of the Public Acts of 2025 |
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14 | 14 | | (1st Ex. Sess. – SB 6001 / HB 6004); and |
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15 | 15 | | Tennessee Code Annotated, Title 49, Chapter 10, |
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16 | 16 | | Part 14 and Title 49, Chapter 6, Part 26, relative to |
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17 | 17 | | background checks. |
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18 | 18 | | |
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19 | 19 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: |
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20 | 20 | | SECTION 1. Chapter __ of the Public Acts of 2025 (1st Ex. Sess. – SB 6001 / HB |
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21 | 21 | | 6004), is amended by adding the following at the end of Section 2: |
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22 | 22 | | 49-6-3513. Background checks for persons holding positions requiring proximity |
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23 | 23 | | to recipients in private schools. |
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24 | 24 | | (a) A private school that enrolls a recipient shall conduct a criminal history |
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25 | 25 | | records check: |
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26 | 26 | | (1) Prior to employment for any person applying for or holding a position |
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27 | 27 | | as a teacher or any other position requiring proximity to school children; and |
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28 | 28 | | (2) Prior to permitting any person or an employee of the person, |
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29 | 29 | | corporation, or any other entity under contract with the private school and who |
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30 | 30 | | will have direct contact with school children or access to the grounds of the |
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31 | 31 | | school when children are present. |
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32 | 32 | | (b) The criminal history records check must be fingerprint based or social |
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33 | 33 | | security number based and include a check of the state and national sex offender |
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34 | 34 | | registries and the department of health's abuse registry. |
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35 | 35 | | (c) A private school that enrolls a recipient shall search the state's educator |
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36 | 36 | | licensure database to determine if an applicant for a teaching position or any other |
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37 | 37 | | |
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38 | 38 | | |
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39 | 39 | | - 2 - 003231 |
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40 | 40 | | |
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41 | 41 | | position requiring proximity to school children has ever had an educator license |
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42 | 42 | | suspended or revoked for misconduct in this state. |
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43 | 43 | | SECTION 2. Tennessee Code Annotated, Section 49-6-2607(e), is amended by |
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44 | 44 | | deleting subdivisions (4) and (5) and substituting: |
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45 | 45 | | (4) Conduct a criminal history records check that is fingerprint based or social |
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46 | 46 | | security number based and that includes a check of the state and national sex offender |
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47 | 47 | | registries and the department of health's abuse registry: |
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48 | 48 | | (A) Prior to employment for any person applying for or holding a position |
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49 | 49 | | as a teacher or any other position requiring proximity to school children; and |
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50 | 50 | | (B) Prior to permitting any person or an employee of the person, |
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51 | 51 | | corporation, or other entity under contract with a participating school and who will |
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52 | 52 | | have direct contact with school children or access to the grounds of the school |
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53 | 53 | | when children are present; |
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54 | 54 | | (5) Search the state's educator licensure database to determine if an applicant |
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55 | 55 | | for a teaching position or any other position requiring proximity to school children has |
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56 | 56 | | ever had an educator license suspended or revoked for misconduct in this state; and |
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57 | 57 | | (6) Exclude from employment: |
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58 | 58 | | (A) Any person who is not permitted by state law to work in a nonpublic |
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59 | 59 | | school; and |
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60 | 60 | | (B) Any person who might reasonably pose a threat to the safety of |
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61 | 61 | | students. |
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62 | 62 | | SECTION 3. Tennessee Code Annotated, Section 49-10-1404(b), is amended by |
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63 | 63 | | deleting subdivision (3) and substituting: |
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64 | 64 | | |
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65 | 65 | | |
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66 | 66 | | - 3 - 003231 |
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67 | 67 | | |
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68 | 68 | | (3) Conduct a criminal history records check that is fingerprint based or social |
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69 | 69 | | security number based and that includes a check of the state and national sex offender |
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70 | 70 | | registries and the department of health's abuse registry: |
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71 | 71 | | (A) Prior to employment for any person applying for or holding a position |
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72 | 72 | | as a teacher or any other position requiring proximity to school children; and |
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73 | 73 | | (B) Prior to permitting any person or an employee of the person, |
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74 | 74 | | corporation, or other entity under contract with a participating school and who will |
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75 | 75 | | have direct contact with school children or access to the grounds of the school |
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76 | 76 | | when children are present; |
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77 | 77 | | (4) Search the state's educator licensure database to determine if an applicant |
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78 | 78 | | for a teaching position or any other position requiring proximity to school children has |
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79 | 79 | | ever had an educator license suspended or revoked for misconduct in this state; and |
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80 | 80 | | (5) Exclude from employment: |
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81 | 81 | | (A) Any person who is not permitted by state law to work in a nonpublic |
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82 | 82 | | school; and |
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83 | 83 | | (B) Any person who might reasonably pose a threat to the safety of |
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84 | 84 | | students. |
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85 | 85 | | SECTION 4. The heading in this act is for reference purposes only and does not |
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86 | 86 | | constitute a part of the law enacted by this act. However, the Tennessee Code Commission is |
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87 | 87 | | requested to include the heading in any compilation or publication containing this act. |
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88 | 88 | | SECTION 5. This act takes effect upon becoming a law, the public welfare requiring it. |
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