HB2410113th GA (Historical)Introduced

Amends TCA Title 37 and Title 49.

Present law requires a school teacher, school official, or other school personnel to follow certain procedures under present law when that educator or personnel member has knowledge or reasonable cause to suspect a child who attends the school may be a victim of brutality, abuse, neglect, or child sexual abuse, or if that educator or personnel member has received reports of known or suspected child abuse, and when the educator or personnel member's suspicion is sufficient to trigger mandatory reporting of such neglect or abuse. This bill adds that compliance with such an obligation to report suspected child abuse is a mandatory condition for a school to qualify as a school where students may satisfy state school attendance requirements. Present law also requires each LEA and public charter school to ensure that all school officials and employees who work directly with students in their respective LEAs or public charter schools complete annually the child abuse training program, developed by the department of children's services, for identifying and reporting signs of child abuse, child sexual abuse, and human trafficking of children. PLACES OR FACILITIES WHERE TRAINING IS REQUIRED This bill provides that all school officials and employees at each of the following places or facilities who work directly with children must receive annually the child abuse training program, developed by the department of children's services, for identifying and reporting signs of child abuse, child sexual abuse, and human trafficking of children: (1) A publicly or privately operated child care agency, which means a place or facility, regardless of whether it is currently licensed, that is operated as a family child care home, a group child care home, a child care center, or a drop-in center, as those terms are defined in this part, or that provides child care for five or more children who are not related to the primary caregiver for three or more hours per day; (2) A child care program, which means, any place or facility operated by any person or entity that provides child care for children in a before or after school based program operated by a local board of education, a public school administered early childhood education program, a church affiliated program, or a federally funded early childhood education program such as a Title I program, a school-administered head start or an even start program, state-approved Montessori school programs and a program operated by a private school; and (3) A nonpublic school, which means a church-related school, home school, or private school. CONTACT INFORMATION FOR CHILD ABUSE COORDINATORS At the beginning of each school year, present law requires each LEA and public charter school to submit the contact information of the LEA's or public charter school's child abuse coordinator and alternative child abuse coordinator to the department of children's services. This bill adds that, at the beginning of each school year, each publicly or privately operated child care agency, child care program, and nonpublic school, must also provide to the department of children's services the contact information for the school official or employee who serves as the child abuse coordinator for the agency, program, or nonpublic school. FAILURE TO COMPLY OR INTERFERENCE WITH REPORTING OBLIGATION This bill prohibits a person who knowingly fails to comply with the obligation to report child abuse or neglect, or who knowingly prevents another person from doing so, from being allowed to serve as a teacher or in any other position that requires proximity to children in a public school or nonpublic school, a publicly or privately operated child care agency, or a child care program. INVESTIGATION OF TEACHER OR CHILD CARE APPLICANTS Present law provides that a local board of education, charter school, or any child care program must require that prior to employment, and at least every five years thereafter, any person applying for or holding a position as a teacher or any other position requiring proximity to school children or to children in a child care program must (i) agree to the release of all investigative records to the board or child care program for examination for the purpose of verifying the accuracy of criminal violation information; and (ii) supply a fingerprint sample and submit to a criminal history records check to be conducted by the Tennessee bureau of investigation and the federal bureau of investigation. This bill adds that nonpublic schools are also subject to this requirement.

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Overview

Present law requires a school teacher, school official, or other school personnel to follow certain procedures under present law when that educator or personnel member has knowledge or reasonable cause to suspect a child who attends the school may be a victim of brutality, abuse, neglect, or child sexual abuse, or if that educator or personnel member has received reports of known or suspected child abuse, and when the educator or personnel member's suspicion is sufficient to trigger mandatory reporting of such neglect or abuse. This bill adds that compliance with such an obligation to report suspected child abuse is a mandatory condition for a school to qualify as a school where students may satisfy state school attendance requirements. Present law also requires each LEA and public charter school to ensure that all school officials and employees who work directly with students in their respective LEAs or public charter schools complete annually the child abuse training program, developed by the department of children's services, for identifying and reporting signs of child abuse, child sexual abuse, and human trafficking of children. PLACES OR FACILITIES WHERE TRAINING IS REQUIRED This bill provides that all school officials and employees at each of the following places or facilities who work directly with children must receive annually the child abuse training program, developed by the department of children's services, for identifying and reporting signs of child abuse, child sexual abuse, and human trafficking of children: (1) A publicly or privately operated child care agency, which means a place or facility, regardless of whether it is currently licensed, that is operated as a family child care home, a group child care home, a child care center, or a drop-in center, as those terms are defined in this part, or that provides child care for five or more children who are not related to the primary caregiver for three or more hours per day; (2) A child care program, which means, any place or facility operated by any person or entity that provides child care for children in a before or after school based program operated by a local board of education, a public school administered early childhood education program, a church affiliated program, or a federally funded early childhood education program such as a Title I program, a school-administered head start or an even start program, state-approved Montessori school programs and a program operated by a private school; and (3) A nonpublic school, which means a church-related school, home school, or private school. CONTACT INFORMATION FOR CHILD ABUSE COORDINATORS At the beginning of each school year, present law requires each LEA and public charter school to submit the contact information of the LEA's or public charter school's child abuse coordinator and alternative child abuse coordinator to the department of children's services. This bill adds that, at the beginning of each school year, each publicly or privately operated child care agency, child care program, and nonpublic school, must also provide to the department of children's services the contact information for the school official or employee who serves as the child abuse coordinator for the agency, program, or nonpublic school. FAILURE TO COMPLY OR INTERFERENCE WITH REPORTING OBLIGATION This bill prohibits a person who knowingly fails to comply with the obligation to report child abuse or neglect, or who knowingly prevents another person from doing so, from being allowed to serve as a teacher or in any other position that requires proximity to children in a public school or nonpublic school, a publicly or privately operated child care agency, or a child care program. INVESTIGATION OF TEACHER OR CHILD CARE APPLICANTS Present law provides that a local board of education, charter school, or any child care program must require that prior to employment, and at least every five years thereafter, any person applying for or holding a position as a teacher or any other position requiring proximity to school children or to children in a child care program must (i) agree to the release of all investigative records to the board or child care program for examination for the purpose of verifying the accuracy of criminal violation information; and (ii) supply a fingerprint sample and submit to a criminal history records check to be conducted by the Tennessee bureau of investigation and the federal bureau of investigation. This bill adds that nonpublic schools are also subject to this requirement.

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Sponsor

Unknown

Details
Session

113th General Assembly

Introduced

January 30, 2024

Subjects
074545434275427307630750

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