In light of a report released earlier this year that found Tennessee lacks clear procedures and policies regarding educator sexual misconduct with students, members of the state Senate Education Committee this week filed five bills to address the issue.
The Comptroller's Office of Research and Education Accountability examined Tennessee's relevant laws, policies and practices in the report released in January after several high-profile cases involving school personnel and the sexual abuse of Tennessee students.
The bills
Senate Bill 2014 ensures that background checks are conducted to identify sexual predators before a teacher license is issued and that reports are done on an ongoing basis for those who work with children.Senate Bill 2015 prohibits a Local Education Agency (LEA) from entering into a non-disclosure agreement with a teacher that would prevent other school districts from knowing about sexual misconduct.Senate Bill 2013 which updates the state’s Teacher Code of Ethics regarding inappropriate teacher-student relationships, including engaging in sexual behavior with students or furnishing them alcohol or drugs.Senate Bill 2011 grants the State Board of Education’s authority to reprimand school directors for not reporting instances of misconduct and clarifies the board’s authority to reprimand educators for violating the Teacher Code of Ethics.Senate Bill 2012 which calls for the State Board of Education to post all final teacher disciplinary action on its website to allow school districts. It also requires final licensure action be reported to the National Association of State Directors of Teacher Education and Certification database.
In 2016, a USA Today investigation gave Tennessee an "F" after a national investigation of educator sexual misconduct in schools looked at each state's efforts to reduce the chances that an employee with a history of sexual misconduct could move from one school to another without repercussions.
The five bills in the package - Senate Bills 2011, 2012, 2013, 2014 and 2015 - include updates to the state's teacher code of ethics, require background checks before a teacher is licensed, and call for the State Board of Education to post all final teacher disciplinary action on its website.
"While the vast majority of teachers act in a professional manner, these bills hold teachers who are in violation fully accountable," said Sen. Dolores Gresham, R-Somerville, in a statement. "Parents need to know when they send their child to a public school that he or she will be safe. This legislation works to close any potential loopholes to prevent predators from gaining employment or from moving to another school district when such reprehensible behavior occurs."
In 2014, the Times Free Press found that almost 160 Tennessee teachers had been disciplined for inappropriate conduct with minors since 2004. Yet, the audit completed by the comptroller's office warns lawmakers and education officials that Tennessee is still not doing enough to prevent such incidents.
The report found that Tennessee school districts bear the brunt of responsibility for ensuring that new employees are cleared to work with children, however school districts' policies across the state lack clarity about what constitutes educator sexual misconduct that involves students.
Tennessee's teacher code of ethics, which is included in state law, also does not currently refer to appropriate boundaries between educators and students, which SB2013 intends to address.
The package appears to be an attempt to address a provision in the federal Every Student Succeeds Act, which requires action by states or districts to prevent teachers who have committed sexual misconduct involving students from obtaining employment in other school districts.
Sen. Todd Gardenhire, R-Chattanooga, said the legislation would provide further transparency, especially in posting final disciplinary actions publicly.
"This is a proactive step," said Gardenhire, a vice chairman of the Senate Education Committee. "We want to be out in front of this, so we are stepping forward with the aim to protect children."
SB2012, which calls for the database, would allow school districts as well as licensing and hiring entities to view the disciplinary actions, and seemingly the public, of an individual's license case. It also requires final licensure action be reported to the National Association of State Directors of Teacher Education and Certification.
The report
To read the full report, Educator Sexual Misconduct Involving Students in Tennessee Schools, visit comptroller.tn.gov/orea.
The other members of the committee who have signed on to the package include Sens. Reginald Tate, D-Memphis; Rusty Crowe, R-Johnson City; Steven Dickerson, R-Nashville; Ferrell Haile, R-Gallatin; Joey Hensley, R-Hohenwald; Brian Kelsey, R-Germantown; and Jon Lundberg, R-Bristol.
In addition to the proposed measures, the committee members support an appropriation in the budget presented by Gov. Bill Haslam on Monday for an additional staff attorney in the State Board of Education to review educator misconduct investigations and outstanding cases, and determine what licensure action, if any, should be taken, according to a news release.
"The proposed reporting requirements enhance information sharing, both in Tennessee and with other states, so that no predators can fall through the cracks. I believe we have a lot of support to move these bills forward," Gresham said.
Contact staff writer Meghan Mangrum at mmangrum@timesfreepress.com or 423-757-6592. Follow her on Twitter @memangrum.