Tennessee § 49-5-417 - Automatic revocation of licensure for certain criminal offenses.

§ 49-5-417. Automatic revocation of licensure for certain criminal offenses.

The state board of education shall automatically revoke the license of a licensed teacher or administrator without the right to a hearing upon: Receiving verification of the identity of the teacher or administrator together with a certified copy of a criminal record showing the teacher or school administrator has been convicted of: Communicating a threat concerning a school employee, as described in § 39-13-114; Statutory rape by an authority figure, as described in § 39-13-532; Arson or aggravated arson, as described in § 39-14-301 and § 39-14-302; A burglary offense, as described in §§ 39-14-401 — 39-14-404; Child abuse, child neglect, or child endangerment, as described in § 39-15-401; Aggravated child abuse, aggravated child neglect, or aggravated child endangerment, as described in § 39-15-402; Providing handguns to juveniles, as described in § 39-17-1320; A sexual offense or a violent sexual offense as described in § 40-39-202; A felony offense in title 39, chapter 13; A felony offense in title 39, chapter 17, part 13; or Any offense listed in § 39-17-417 or § 40-35-501(i)(2); Being identified by the department of children's services, after having exhausted or waived all due process rights available to the licensed teacher or administrator, as having committed child abuse, severe child abuse, child sexual abuse, or child neglect; or The teacher's or administrator's name being placed on the state's vulnerable person's registry or the state's sex offender registry. The board shall notify persons whose licenses are subject to automatic revocation at least thirty (30) days prior to the board meeting at which the revocation shall occur. A director of schools, director of a public charter school, or director of a nonpublic school who learns of the conviction of a licensed educator employed by the LEA, charter school, or nonpublic school, respectively, for any offense listed in subsection (a) must report the conviction to the state board. The state board shall set the time frame within which the director shall report a conviction of a licensed educator. The state board may specify other offenses that a director is required to report upon learning of a conviction of a licensed educator for such offense. A director of schools, director of a public charter school, or director of a nonpublic school shall report to the state board licensed educators employed by the LEA, charter school, or nonpublic school, respectively, who have been suspended or dismissed, or who have resigned, following allegations of conduct, including sexual misconduct, which, if substantiated, would warrant consideration for license suspension or revocation under state board of education rule. The department of education, in consultation with the state board, shall develop forms to be used by directors of schools, directors of charter schools, and directors of nonpublic schools for reporting offenses and instructions and procedures to be used in filling out and filing the forms. The department shall provide the form, instructions, and procedures at least annually at the beginning of each school year. The department may provide the forms, instructions, and procedures electronically. The forms and instructions shall state when the directors have a duty to report under this subsection (c) and the time frame in which the required report is to be filed pursuant to state board rule. The state board may issue a public reprimand if a director fails to make a report as required by this part or by the state board. The state board shall send a copy of the reprimand to the director and a copy to the local board of education, charter school governing body, or nonpublic school governing body as applicable. As used in this section, “sexual misconduct” means any sexually related behavior with a child or student, regardless of the age of the child or student, whether verbal, nonverbal, written, physical, or electronic that is designed to establish a sexual relationship with the child or student, including, but not limited to, behaviors such as: Making sexual jokes, sexual remarks, or sexually suggestive comments; Engaging in sexual kidding, sexual teasing, sexual innuendo, or sexualized dialog; Dating or soliciting dates or sexual favors; Engaging in inappropriate physical contact or touching, groping, grabbing, or kissing; or Committing an offense under title 39, chapter 13, part 5, against a child or student. Acts 2007, ch. 432, § 1; 2018, ch. 935, § 1; 2020, ch. 629, §§ 1, 2. Compiler's Notes. Acts 2018, ch. 935, § 3 provided that the state board of education is authorized to promulgate rules to effectuate the purposes of this act. The rules shall be promulgated in accordance with title 4, chapter 5. Amendments. The 2020 amendment rewrote (a), which read: “The state board of education shall automatically revoke the license of a licensed teacher or administrator without the right to a hearing upon receiving verification of the identity of the teacher or administrator together with a certified copy of a criminal record showing that the teacher or school administrator has been convicted of any offense listed in § 39-13-532 , § 39-17-417 , or § 40-35-501(i)(2) .”; and, in (c)(1), substituted “subsection (a)” for “§ 39-13-532 , § 39-17-417 , and § 40-35-501(i)(2) ”. Effective Dates. Acts 2020, ch. 629, § 3. July 1, 2020.