Present law requires the state board of education to automatically revoke the license of a licensed teacher or administrator without the right to a hearing upon the teacher or administrator being convicted of a certain criminal offense, being identified by DCS as a child abuser, or being placed on the vulnerable persons or sex offender registry. This bill makes the automatic revocation requirement applicable to "the active license of a licensed educator" instead of "the license of a licensed teacher or administrator".
For purposes of revocation of the active license of a licensed educator, this bill specifies that being identified as a child abuser by an administrative agency in another state or being placed on another state's vulnerable persons or sex offender registry, triggers the requirement of automatic revocation without a hearing.
This bill expands the list of events that trigger the requirement of automatic revocation of the active license of a licensed educator without a hearing to include the following:
(1) Receiving verification of the identity of the educator together with a certified copy of a court order, settlement agreement, or plea agreement in a criminal, civil, or administrative action requiring the educator to surrender the educator's license; or
(2) Receiving verification of the identity of the educator together with a written agreement between the educator and the employing school or school district in which the educator has agreed to surrender the educator's license.
Present law requires a director of schools, director of a public charter school, or director of a nonpublic school to 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. This bill adds that a director must also report to the state board a licensed educator employed by the director's school who has been suspended or dismissed, or who has resigned, following allegations of conduct, including sexual misconduct, which, if substantiated, would warrant consideration for license reprimand.
This bill transfers responsibility for developing forms and instructions to be used by school directors for reporting offenses from the department of education to the state board.
Present law authorizes the state board to issue a public reprimand if a director fails to report an offense as required. This bill adds that, if the director who fails to make a report as required holds an active educator license, then the state board may issue a public reprimand or suspend the director's license.
This bill adds a requirement that the state board prohibit an individual whose educator license has expired from applying to reactivate the expired license if the state board receives verification of the identity of the individual who would qualify for automatic revocation if the individual possessed an active educator license. The state board will be required to send notice to the individual at least 30 days prior to the board meeting at which the vote to prohibit the individual from applying to reactivate the expired license will occur. The state board will also be required to send notice of a prohibition from applying for reactivation to the national clearinghouse administered by the National Association of State Directors of Teacher Education and Certification.
ON APRIL 10, 2023, THE HOUSE SUBSTITUTED SENATE BILL 744 FOR HOUSE BILL 529, ADOPTED AMENDMENT #1, AND PASSED SENATE BILL 744, AS AMENDED.
AMENDMENT #1 deletes the provisions of this bill relative to the list of events that trigger the requirement of automatic revocation of the active license of a licensed educator without a hearing and provides, instead, that such an event includes receiving verification of the identity of the educator together with a certified copy of a court order, settlement agreement, or plea agreement in a criminal, civil, or administrative action requiring the educator to surrender their Tennessee license. This amendment requires that unless otherwise stated in the court order, settlement agreement, or plea agreement, the educator's license must be revoked for a period of no less than five years after which the educator may apply for restoration of their license.

Statutes affected:
Introduced: 49-5-417(a), 49-5-417, 49-5-417(a)(1), 49-5-417(a)(2), 49-5-417(c)(2), 49-5-417(c)(3), 49-5-417(c)