Amends TCA Section 49-5-106.

This bill revises the present law provisions relative to temporary teaching permits, as discussed below.<br /> <br /> Present law provides that:<br /> <br /> (1) Whenever any director of schools and the chair of the respective board of education certify to the commissioner of education that the school system is unable to secure a qualified teacher with a valid license for the type and kind of school in which a vacancy exists, the commissioner may grant, on behalf of the state board of education, under conditions prescribed in its rules and regulations, a permit to teach in the unfilled position to a person recommended by the director of the respective local school district and approved by the commissioner, which permit is valid only until June 30 following the date of issuance;<br /> <br /> (2) The permit may be renewed by the commissioner on conditions prescribed by the state board of education in its rules and regulations, upon the recommendation of the director of schools of the local school district and when the director and the chair of the respective board of education certify that the school system is unable to secure a qualified teacher with a valid license for the type and kind of school in which a vacancy exists; and<br /> <br /> (3) A local school district board of education may contract with a teacher holding a permit, but not holding a valid license, only for such period of time for which the respective board of education is unable to secure a qualified teacher with a valid license for the type and kind of school.<br /> <br /> This bill:<br /> <br /> (A) Clarifies in item (1) above that such permits are temporary permits;<br /> <br /> (B) Deletes the permit renewal process described in item (2) above;<br /> <br /> (C) Specifies that the provisions also apply to public charter schools and the governing bodies of public charter schools, as applicable; and<br /> <br /> (D) Adds that a director of schools or a director of a public charter school must report to the state board of education:<br /> <br /> (i) The following behavior of a teacher holding a temporary permit employed by the LEA or public charter school: conviction of one of the offenses that, under present law, results in the automatic revocation of licensure if the director learns of such conviction (such as rape, assault, burglary); and <br /> <br /> (ii) Teachers holding a temporary permit who are employed by the LEA or public charter school who have been suspended or dismissed or who have resigned following allegations of conduct, including sexual misconduct, which would warrant consideration for disciplinary action under state board rules if substantiated. For the purposes of this bill, 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.<br /> <br /> ON MARCH 25, 2021, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 1133, AS AMENDED.<br /> <br /> AMENDMENT #1 revises the process under present law and this bill by which the commissioner of education may be notified of inability to secure a qualified, licensed teacher for a vacancy. Under this amendment, the director of schools or a director of a public charter school will first notify their local board of education or public charter school governing body, as applicable, and then certify the same to the commissioner, instead of having the director and governing body jointly make the certification to the commissioner.<br /> <br /> This amendment prohibits the commissioner from granting a person a temporary permit to teach physical education or a course for which an end-of-course examination is required.<br />