(a) The state board of education shall automatically revoke the active license of a licensed educator without the right to a hearing upon:
Terms Used In Tennessee Code 49-5-417
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. Source:
Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
sex: means a person's immutable biological sex as determined by anatomy and genetics existing at the time of birth and evidence of a person's biological sex. See Tennessee Code 1-3-105
State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
(1) Receiving verification of the identity of the educator together with a certified copy of a criminal record showing that the educator has pleaded guilty or nolo contendere to, or has been convicted or otherwise found guilty of, any of the following offenses, including equivalent offenses in another jurisdiction:
(A) Communicating a threat concerning a school employee, as described in § 39-13-114;(B) Statutory rape by an authority figure, as described in § 39-13-532;(C) Arson or aggravated arson, as described in §§ 39-14-301 and 39-14-302;(D) A burglary offense, as described in §§ 39-13-1001 – 39-13-1004;(E) Child abuse, child neglect, or child endangerment, as described in § 39-15-401;(F) Aggravated child abuse, aggravated child neglect, or aggravated child endangerment, as described in § 39-15-402;(G) Providing handguns to juveniles, as described in § 39-17-1320;(H) A sexual offense or a violent sexual offense as described in § 40-39-202;(I) A felony offense in title 39, chapter 13;(J) A felony offense in title 39, chapter 17, part 13; or(K) Any offense listed in § 39-17-417 or § 40-35-501(i)(2);(2) Being identified by the department of children’s services or a similar agency in another jurisdiction, after having exhausted or waived all due process rights available to the licensed educator, as having committed child abuse, severe child abuse, child sexual abuse, or child neglect;(3) The educator’s name being placed on the state’s vulnerable person‘s registry, the state’s sex offender registry, or similar registries in another jurisdiction; or(4) 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 Tennessee license. 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 (5) years after which the educator may apply for restoration of the educator’s license in accordance with state law and state board rules.(b) The state board shall send notice to educators whose licenses are subject to automatic revocation at least thirty (30) days prior to the board meeting at which the revocation shall occur.(c)(1) A director of schools, director of a public charter school, or director of a nonpublic school who learns that a licensed educator employed by the LEA, public charter school, or nonpublic school, respectively, has pleaded guilty or nolo contendere to, or has been convicted or otherwise found guilty of, an offense listed in subsection (a) must report the licensed educator to the state board. The state board shall set the time frame within which the director must report a licensed educator. The state board may specify in its rules other offenses for which a director is required to report a licensed educator to the state board upon learning that the licensed educator has pleaded guilty or nolo contendere to, or has been convicted or otherwise found guilty of, such offense.(2) 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 reprimand, suspension, or revocation under state board of education rule.(3)(A) 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 shall develop instructions and procedures for filling out and filing the forms. The state board shall provide the forms, instructions, and procedures to directors at least annually at the beginning of each school year. The state board may provide the forms, instructions, and procedures electronically.(B) 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.(4) The state board may issue a public reprimand if a director, who does not hold an active educator license, fails to make a report as required by this section or by the state board. The state board shall send a copy of the reprimand to the director and to the local board of education, charter school governing body, or nonpublic school governing body, as applicable. If a director holds an active educator license, then the director’s failure to make a report as required by this section or by the state board may subject the director to formal reprimand or suspension under state board rule. If the state board issues a formal reprimand or suspends a director’s educator license for the director’s failure to make a required report, then the state board shall send notice of the license action to the local board of education, charter school governing body, or nonpublic school governing body, as applicable.(5) 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:
(A) Making sexual jokes, sexual remarks, or sexually suggestive comments;(B) Engaging in sexual kidding, sexual teasing, sexual innuendo, or sexualized dialog;(C) Dating or soliciting dates or sexual favors;(D) Engaging in inappropriate physical contact or touching, groping, grabbing, or kissing; or(E) Committing an offense under title 39, chapter 13, part 5, against a child or student.(d) The state board shall 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 under this section if the individual possessed an active educator license. The state board shall send notice to the individual at least thirty (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 shall also send notice of an action taken pursuant to this subsection (d) to the national clearinghouse administered by the National Association of State Directors of Teacher Education and Certification (NASDTEC).
