§ 49-6-3051 — Parental or guardian notice to school of child's criminal offenses - List of goals - Confidentiality - Violations and penalties

Tennessee § 49-6-3051

• Jurisdiction: Tennessee
• Title: 49

Text

(a) Notwithstanding any law to the contrary, if a student has at any time been adjudicated delinquent for any offense listed in subsection (b), then the parent, guardian, or legal custodian of the student, including the department of children's services acting in any capacity and a school administrator of any school having previously received the same or similar notice from the juvenile court or another source, shall provide to the student's school principal, or the principal's designee, the abstract provided under § 37-1-153 or § 37-1-154 or other similar written information: (1) Upon request of the school principal, or the principal's designee. The school principal, or the principal's designee, shall ask in writing, which may be provided in a printed or digital format, a student's parent, guardian, or legal custodian whether the student has been adjudicated delinquent for any offense listed in subsection (b) no later than thirty (30) days from the date on which the student first enrolled in the respective school; and (2) When any such student: (A) Initially enrolls in an LEA; (B) Resumes school attendance after suspension, expulsion, or adjudication of delinquency; or (C) Changes schools within this state. (b) The parents, guardians, or legal custodians, including the department of children's services acting in any capacity, shall provide notification as required by subsection (a) if the student has been adjudicated delinquent: (1) In this state for any of the following offenses, or in another state for equivalent offenses as determined by the elements of the offense: (A) First degree murder, as defined in § 39-13-202 ; (B) Second degree murder, as defined in § 39-13-210 ; (C) Rape, as defined in § 39-13-503 ; (D) Aggravated rape, as defined in § 39-13-502 ; (E) Rape of a child, as defined in § 39-13-522 ; (F) Aggravated rape of a child, as defined in § 39-13-531 ; (G) Aggravated robbery, as defined in § 39-13-402 ; (H) Especially aggravated robbery, as defined in § 39-13-403 ; (I) Kidnapping, as defined in § 39-13-303 ; (J) Aggravated kidnapping, as defined in § 39-13-304 ; (K) Especially aggravated kidnapping, as defined in § 39-13-305 ; (L) Aggravated assault, as defined in § 39-13-102 ; (M) Felony reckless endangerment pursuant to § 39-13-103 ; or (N) Aggravated sexual battery, as defined in § 39-13-504 ; or (2) In this state for any of the following offenses: (A) Voluntary manslaughter, as defined in § 39-13-211 ; (B) Criminally negligent homicide, as defined in § 39-13-212 ; (C) Sexual battery by an authority figure, as defined in § 39-13-527 ; (D) Statutory rape by an authority figure, as defined in § 39-13-532 ; (E) Prohibited weapon, as defined in § 39-17-1302 ; (F) Unlawful carrying or possession of a firearm, as defined in § 39-17-1307 ; (G) Carrying weapons on school property, as defined in § 39-17-1309 ; (H) Carrying weapons on public parks, playgrounds, civic centers, and other public recreational buildings and grounds, as defined in § 39-17-1311 ; (I) Handgun possession, as defined in § 39-17-1319 ; (J) Providing handguns to juveniles, as defined in § 39-17-1320 ; or (K) Any violation of § 39-17-417 that constitutes a Class A or Class B felony; or (3) An offense not listed in this subsection (b) for which a court has ordered school notification based on the circumstances surrounding the offense. (c) When the principal or the principal's designee is notified of the student's adjudication pursuant to subsection (a), the principal or the principal's designee may convene a meeting to develop a plan to set out a list of goals to provide the child an opportunity to succeed in school and provide for school safety, a schedule for completion of the goals and the personnel who will be responsible for working with the child to complete the goals. (d) The abstract and information shall be shared only with the employees of the school having responsibility for classroom instruction of the child and the school counselor, social worker or psychologist who is involved in developing a plan for the child while in the school, and with the school resource officer, and any other person notified pursuant to this section. The information is otherwise confidential and shall not be shared by school personnel with any other person or agency, except as may otherwise be required by law. The abstract or other similar information provided pursuant to subsection (a) and the plan shall not become a part of the child's student record. (e) Notwithstanding any other state law to the contrary, the department of children's services shall develop a written policy consistent with federal law detailing the information to be shared by the department with the school for children in its legal custody when notification is required. (f) It is an offense for any school personnel to knowingly share information provided pursuant to subsection (a) with any person other than those listed in subsection (d). A violation of this subsection (f) is a Class C misdemeanor, punishable by a fine only. (g) It is an offense for a parent or guardian to knowingly fail to provide notification as required by subsection (a). A violation of this subsection (g) is a Class B misdemeanor, punishable by a fine only. For purposes of this subsection (g), parent or legal guardian does not include the department of children's services. (h) If it becomes apparent that any employee of the department of children's services knowingly failed to notify the school as required by subsection (a), the commissioner of children's services shall be notified and take appropriate action against the employee.

Legislative History

Amended by 2024 Tenn. Acts, ch. 721,s 2, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 721,s 1, eff. 7/1/2024. Amended by 2019 Tenn. Acts, ch. 313, s 2, eff. 5/8/2019. Acts 1999, ch. 462, § 1; 2003 , ch. 238, § 4; 2008 , ch. 1053, § 1; 2009 , ch. 160, § 2.