Tennessee
| Code | Subject Matter |
| Code § 37-1-131 | Juvenile Courts and Proceedings: Delinquent child -- Disposition -- Restitution. |
| Code § 37-1-102 | Juvenile Courts and Proceedings: Chapter definitions |
| Code § 37-1-153 | Juvenile Courts and Proceedings: Court files and records -- Inspection limited -- Exceptions for certain violent offenders -- Confidentiality |
| Code § 37-1-154 | Juvenile Courts and Proceedings: Law enforcement records -- Inspection limited -- Exceptions for certain violent offenders |
| Code § 37-1-155 | Juvenile Courts and Proceedings: Fingerprints and photographs -- Use -- When destroyed -- Video and audio recordings |
| Code § 37-1-129 | Juvenile Courts and Proceedings: Hearings -- Findings -- Disposition of child -- Interdepartmental case management team -- Pilot projects |
| Code § 37-1-506 | Juvenile Courts and Proceedings: Report and publishing of juvenile court information, including cases, informal adjustments, pretrial diversions |
| Code § 37-5-123 | Department of Children's Services: Notification of release of juvenile offender |
| Code § 49-6-3007 | Attendance and truancy reports -- Enforcement of compulsory attendance |
| Code § 49-6-3051 | Parental or guardian notice to school of child's criminal offenses -- List of goals -- Confidentiality -- Violations and penalties |
| Code § 49-6-4209 | Report of reasonable suspicion by principal to law enforcement officer |
| Code § 49-6-4301 | School officials to report student offenses |
| Code § 49-6-801 | Schools Against Violence in Education Act: Short title |
| Code § 49-6-802 | Schools Against Violence in Education Act: State-level safety team -- Template for safety and emergency response plans |
| Code § 49-6-804 | Schools Against Violence in Education Act: Adoption of comprehensive plans |
| Code § 49-6-805 | Schools Against Violence in Education Act: Template minimum requirements |
Title 37 Juveniles
Chapter 1 Juvenile Courts and Proceedings
Part 1 --General Provisions
Tenn. Code Ann. § 37-1-131 (2009)
37-1-131. Delinquent child -- Disposition -- Restitution.
(a) If the child is found to be a delinquent child, the court may make any of the following orders of disposition best suited to the child's treatment, rehabilitation and welfare:
(1) Any order authorized by § 37-1-130 for the disposition of a dependent or neglected child;
(2) (A) Placing the child on probation under the supervision of the probation officer of the court or the department of children's services, any person, or persons or agencies designated by the court, or the court of another state as provided in § 37-1-143, under conditions and limitations the court prescribes;
(B) The court shall make a finding that the child's school shall be notified, if:
(i) The adjudication of delinquency was for an offense involving:
(a) First degree murder;
(b) Second degree murder;
(c) Rape;
(d) Aggravated rape;
(e) Rape of a child;
(f) Aggravated rape of a child;
(g) Aggravated robbery;
(h) Especially aggravated robbery;
(i) Kidnapping;
(j) Aggravated kidnapping;
(k) Especially aggravated kidnapping;
(l) Aggravated assault;
(m) Felony reckless endangerment; or
(n) Aggravated sexual battery; or
(ii) The adjudication of delinquency was for a violation of:
(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; and
(iii) School attendance is a condition of probation, or if the child is to be placed in the custody of a state agency and is to be placed in school by a state agency or by a contractor of the state agency;
(C) The court shall then enter an order directing the youth service officer, probation officer, or the state agency, if the child has been committed to the custody of the state agency, to notify the school principal in writing of the nature of the offense and probation requirements, if any, related to school attendance, within five (5) days of the order or before the child resumes or begins school attendance, whichever occurs first. In individual cases when the court deems it appropriate, the court may also include in the order a requirement to notify county and municipal law enforcement agencies having jurisdiction over the school in which the child will be enrolled;
(D) When the principal of a school is notified, the principal of the child's school, or the principal's designee, shall convene a meeting to develop a plan within five (5) days of the notification. Reasonable notice shall be given of the date and time of the meeting. The child, the department of children's services if the child is in state custody, the child's parent/guardian/legal caretaker if not in state custody, and other appropriate parties identified by the child, the department of children's services or parent/guardian/legal caretaker shall be invited to the meeting. The plan shall 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;
(E) The 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 the provisions of 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. Notification in writing of the nature of the offense committed by the child and any probation requirements and the plan shall not become a part of the child's student record;
(F) In no event shall a child be delayed from attending school for more than five (5) school days from the date of notice;
(G) 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;
(H) Upon the subsequent enrollment of any such student in any other LEA, the parents or custodians of the student, and the administrator of any school having previously received the same or similar notice pursuant to this section, shall notify the school in the manner specified in § 49-6-3051;
(I) A violation of the confidentiality provisions of subdivision (a)(2)(E) is a Class C misdemeanor;
(J) (i) If the court does not place the child in state custody, but orders the child to complete an inpatient mental health treatment program at a hospital or treatment resource as defined in § 33-1-101, upon leaving that hospital or treatment resource, the principal of the child's school shall be notified and the principal of the child's school or the principal's designee shall convene a meeting to develop a transition plan within five (5) days of the notification. Reasonable notice shall be given of the date and time of the meeting. The child, child's parent/guardian/legal caretaker, other relevant service providers, and other appropriate parties identified by the child and parent/guardian/legal caretaker shall be invited to the meeting;
(ii) If an information release is executed in compliance with § 33-3-109 that provides the principal or other designated school personnel access to certain information concerning the child, the principal or other designated school personnel may work with the child's mental health provider to develop this plan. The transition plan shall 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. The information shall be shared only with employees of the school having responsibility for classroom instruction of the child, but the information is otherwise confidential and shall not be shared by school personnel with any other person or agency, except as may be otherwise required by law. The notification in writing of the nature of the offense committed by the child, any probation requirements, and the transition plan developed pursuant to this subdivision (a)(2)(J)(ii) shall not become a part of the child's student record;
(iii) In no event shall a child be delayed from attending school for more than five (5) school days;
(iv) A violation of the confidentiality provisions of subdivision (a)(2)(J)(ii) is a Class C misdemeanor;
(3) Placing the child in an institution, camp or other facility for delinquent children operated under the direction of the court or other local public authority;
(4) Subject to the restrictions of § 37-1-129(e), commit the child to the department of children's services, which commitment shall not extend past the child's nineteenth birthday;
(5) Assessing a fine not to exceed fifty dollars ($50.00) for each offense that constitutes a violation of a state law or municipal ordinance;
(6) Committing the child to the custody of the county department of children's services in those counties having such a department; and
(7) (A) Ordering the child to perform community service work with such work being in compliance with federal and state child labor laws. For first-time delinquent acts involving alcohol or beer, in its order for community service work, the court may require the juvenile to spend a portion of such time in the emergency room of a hospital, only if, and to the extent, the hospital agrees with such action;
(B) No charitable organization, municipality, county or political subdivision thereof utilizing juveniles performing community service work pursuant to this chapter shall be liable for any injury sustained by the juvenile or other person, proximately caused by the juvenile, while the juvenile is performing a work project for such organization or governmental entity, if the organization or governmental entity exercised due care in the supervision of the juvenile;
(C) No charitable organization, municipality, county or political subdivision thereof, nor any employee or officer thereof, shall be liable to any person for any act of a juvenile while the juvenile is on a community work project for such organization or governmental entity, if the organization or governmental entity exercised due care in the supervision of the juvenile;
(D) No charitable organization, municipality, county or political subdivision thereof, nor any employee or officer thereof, shall be liable to any juvenile or the juvenile's family for death or injuries received, proximately caused by the juvenile, while the juvenile is on a community work project for such organization or governmental entity, if the organization or governmental entity exercised due care in the supervision of the juvenile;
(E) The authority and protection from liability provided by this section is supplemental and in addition to any other authority and protection provided by law;
(b) (1) If the child is found to be delinquent, the court shall determine if any monetary damages actually resulted from the child's delinquent conduct. Upon a determination that monetary damages resulted from such conduct, the court shall order the child to make restitution for such damages unless the court further determines that the specific circumstances of the individual case render such restitution, or a specified portion thereof, inappropriate.
(2) (A) IF restitution is ordered pursuant to this subsection (b) in those cases where the court has made a finding that:
(i) A specified amount is owed;
(ii) Such amount is ordered to be paid pursuant to a specific payment schedule; and
(iii) The total amount of such ordered restitution is not paid by the time the juvenile court no longer has jurisdiction over the child;
THEN notwithstanding the provisions of § 37-1-133(b) or any other provision of law to the contrary, the recipient of such restitution may convert the unpaid balance of the restitution ordered by the court into a civil judgment in accordance with the procedure set out in this subsection (b). The payment of such civil judgment shall be at the same payment schedule as that as when the offender was a juvenile.
(B) Under such judgment, payments shall be continued to be made under the specific payment schedule ordered by the juvenile court until the judgment has been satisfied.
(3) The restitution recipient shall file a certified copy of the juvenile court's restitution order with any court having jurisdiction over the total amount of restitution ordered.
(4) Upon receipt of such a restitution order, the court shall take proof as to the amount of ordered restitution actually paid. If the court finds that the amount of restitution actually paid is less than the total amount of restitution ordered by the juvenile court, it shall enter a judgment in favor of the restitution recipient and against the offender for the amount of the unpaid balance of such restitution.
(5) A judgment entered pursuant to this subsection (b) shall remain in effect for a period of ten (10) years from the date of entry and shall be enforceable by the restitution recipient in the same manner and to the same extent as other civil judgments.
Title 37 Juveniles
Chapter 1 Juvenile Courts and Proceedings
Part 1 --General Provisions
Tenn. Code Ann. § 37-1-102 (2009)
37-1-102. Chapter definitions.
(a) As used in this chapter, any reference to the department of correction is construed to mean the department of children's services, unless the reference is clearly intended to designate the department of correction.
(b) As used in this part, unless the context otherwise requires:
(1) "Abuse" exists when a person under the age of eighteen (18) is suffering from, has sustained, or may be in immediate danger of suffering from or sustaining a wound, injury, disability or physical or mental condition caused by brutality, neglect or other actions or inactions of a parent, relative, guardian or caretaker;
(2) "Administrative hearing" is an action by the judge or referee of the juvenile court in conformity with legislative intent in terminating the home placement of a juvenile;
(3) "Adult" means any person eighteen (18) years of age or older;
(4) "Child" means:
(A) A person under eighteen (18) years of age; or
(B) A person under nineteen (19) years of age for the limited purpose of:
(i) Remaining under the continuing jurisdiction of the juvenile court to enforce a non-custodial order of disposition entered prior to the person's eighteenth birthday; or
(ii) Remaining under the jurisdiction of the juvenile court for the purpose of being committed, or completing commitment including completion of home placement supervision, to the department of children's services with such commitment based on an adjudication of delinquency for an offense that occurred prior to the person's eighteenth birthday; or
(iii) Remaining under the jurisdiction of the juvenile court for resolution of delinquent offense or offenses committed prior to a person's eighteenth birthday but considered by the juvenile court after a person's eighteenth birthday with the court having the option of retaining jurisdiction for adjudication and disposition or transferring the person to criminal court under § 37-1-134;
(C) In no event shall a person eighteen (18) years of age or older be committed to or remain in the custody of the department of children's services by virtue of being adjudicated dependent and neglected, unruly or in need of services pursuant to § 37-1-175, except as provided in § 37-1-173 [repealed];
(D) This provision shall in no way be construed as limiting the court's jurisdiction to transfer a person to criminal court under § 37-1-134;
(E) A person eighteen (18) years of age is legally an adult for all other purposes including, but not limited to, enforcement of the court's orders under this subsection (b) through its contempt power under § 37-1-158.
(F) No exception shall be made for a child who may be emancipated by marriage or otherwise;
(5) "Commissioner" means commissioner of the department of children's services;
(6) "Court order" means any order or decree of a judge, referee or court of competent jurisdiction. A "valid court order" is one that is authorized by law, and any order entered in the minutes of a court of record are presumed to be valid;
(7) "Custodian" means a person, other than a parent or legal guardian, who stands in loco parentis to the child or a person to whom temporary legal custody of the child has been given by order of a court;
(8) "Custody" means the control of actual physical care of the child and includes the right and responsibility to provide for the physical, mental, moral and emotional well-being of the child. "Custody," as herein defined, relates to those rights and responsibilities as exercised either by the parents or by a person or organization granted custody by a court of competent jurisdiction. "Custody" shall not be construed as the termination of parental rights set forth in § 37-1-147. "Custody" does not exist by virtue of mere physical possession of the child;
(9) "Delinquent act" means an act designated a crime under the law, including local ordinances of this state, or of another state if the act occurred in that state, or under federal law, and the crime is not a status offense under subdivision (b)(23)(A)(iii) and the crime is not a traffic offense as defined in the traffic code of the state other than failing to stop when involved in an accident pursuant to § 55-10-101, driving while under the influence of an intoxicant or drug, vehicular homicide or any other traffic offense classified as a felony;
(10) "Delinquent child" means a child who has committed a delinquent act and is in need of treatment or rehabilitation;
(11) "Department" means the department of children's services;
(12) "Dependent and neglected child" means a child:
(A) Who is without a parent, guardian or legal custodian;
(B) Whose parent, guardian or person with whom the child lives, by reason of cruelty, mental incapacity, immorality or depravity is unfit to properly care for such child;
(C) Who is under unlawful or improper care, supervision, custody or restraint by any person, corporation, agency, association, institution, society or other organization or who is unlawfully kept out of school;
(D) Whose parent, guardian or custodian neglects or refuses to provide necessary medical, surgical, institutional or hospital care for such child;
(E) Who, because of lack of proper supervision, is found in any place the existence of which is in violation of law;
(F) Who is in such condition of want or suffering or is under such improper guardianship or control as to injure or endanger the morals or health of such child or others;
(G) Who is suffering from abuse or neglect;
(H) Who has been in the care and control of an agency or person who is not related to such child by blood or marriage for a continuous period of eighteen (18) months or longer in the absence of a court order, and such person or agency has not initiated judicial proceedings seeking either legal custody or adoption of the child; or
(I) Who is or has been allowed, encouraged or permitted to engage in prostitution or obscene or pornographic photographing, filming, posing, or similar activity and whose parent, guardian or other custodian neglects or refuses to protect such child from further such activity;
(13) "Detention" means confinement in a secure or closed type of facility that is under the direction or supervision of the court or a facility that is designated by the court or other authority as a place of confinement for juveniles;
(14) "Discharge" means the termination of the custody, control and supervision of a delinquent child by the department of children's services;
(15) "Home placement" means placement of a delinquent child in the home of a parent or guardian under the continuing supervision of the department of children's services. Placing a child on home placement terminates the department's legal custody of a delinquent child;
(16) "Juvenile court" means the general sessions court in all counties of this state, except in those counties and municipalities in which special juvenile courts are provided by law, and "judge" means judge of the juvenile court;
(17) "Nonjudicial days" means Saturdays, Sundays and legal holidays. Nonjudicial days begin at four thirty p.m. (4:30 p.m.) on the day preceding a weekend or holiday, and end at eight o'clock a.m. (8:00 a.m.) on the day after a weekend or holiday;
(18) "Probation" means casework service as directed by the court, as a measure for the protection, guidance and well-being of the child and such child's family. Probation methods shall be directed to the discovery and correction of the basic causes of maladjustment;
(19) "Protective supervision" means supervision ordered by the court of children found to be dependent or neglected or unruly;
(20) "Restitution" means compensation that is accomplished through actual monetary payment to the victim of the offense by the child who committed the offense, or symbolically, through unpaid community service work by the child, for property damage or loss incurred as a result of the delinquent offense;
(21) "Severe child abuse" means:
(A) The knowing exposure of a child to or the knowing failure to protect a child from abuse or neglect that is likely to cause great bodily harm or death and the knowing use of force on a child that is likely to cause great bodily harm or death;
(B) Specific brutality, abuse or neglect towards a child that in the opinion of qualified experts has caused or will reasonably be expected to produce severe psychosis, severe neurotic disorder, severe depression, severe developmental delay or retardation, or severe impairment of the child's ability to function adequately in the child's environment, and the knowing failure to protect a child from such conduct;
(C) The commission of any act towards the child prohibited by §§ 39-13-502 -- 39-13-504, 39-13-522, 39-15-302, and 39-17-1005 or the knowing failure to protect the child from the commission of any such act towards the child; or
(D) Knowingly allowing a child to be present within a structure where the act of creating methamphetamine, as that substance is identified in § 39-17-408(d)(2), is occurring;
(22) "Shelter care" means temporary care of a child in physically unrestricted facilities; and
(23) (A) "Unruly child" means a child in need of treatment and rehabilitation who:
(i) Habitually and without justification is truant from school while subject to compulsory school attendance under § 49-6-3007; or
(ii) Habitually is disobedient of the reasonable and lawful commands of the child's parent(s), guardian or other legal custodian to the degree that such child's health and safety are endangered; or
(iii) Commits an offense that is applicable only to a child; or
(iv) Is away from the home, residence or any other residential placement of the child's parent(s), guardian or other legal custodian without their consent. Such child shall be known and defined as a "runaway;"
(B) The definition in subdivision (b)(23)(A) shall be effective July 1, 1996, before which date the definition of "unruly" shall be the definition found in former § 37-1-102(b)(21).
Title 37 Juveniles
Chapter 1 Juvenile Courts and Proceedings
Part 1 --General Provisions
Tenn. Code Ann. § 37-1-153 (2009)
37-1-153. Court files and records -- Inspection limited -- Exceptions for certain violent offenders -- Confidentiality.
(a) Except in cases arising under § 37-1-146, all files and records of the court in a proceeding under this part are open to inspection only by:
(1) The judge, officers and professional staff of the court;
(2) The parties to the proceeding and their counsel and representatives;
(3) A public or private agency or institution providing supervision or having custody of the child under order of the court;
(4) A court and its probation and other officials or professional staff and the attorney for the defendant for use in preparing a presentence report in a criminal case in which the defendant is convicted and who prior thereto had been a party to the proceeding in juvenile court; and
(5) With permission of the court, any other person or agency or institution having a legitimate interest in the proceeding or in the work of the court.
(b) Notwithstanding the provisions of subsection (a), petitions and orders of the court in a delinquency proceeding under this part shall be opened to public inspection and their content subject to disclosure to the public if:
(1) The juvenile is fourteen (14) or more years of age at the time of the alleged act; and
(2) The conduct constituting the delinquent act, if committed by an adult, would constitute first degree murder, second degree murder, rape, aggravated rape, rape of a child, aggravated rape of a child, aggravated robbery, especially aggravated robbery, kidnapping, aggravated kidnapping or especially aggravated kidnapping.
(c) Notwithstanding the provisions of this section, if a court file or record contains any documents other than petitions and orders, including, but not limited to, a medical report, psychological evaluation or any other document, such document or record shall remain confidential.
(d) (1) Except as otherwise permitted in this section, it is an offense for a person to intentionally disclose or disseminate to the public the files and records of the juvenile court, including the child's name and address.
(2) A violation of this subsection (d) shall be punished as criminal contempt of court as otherwise authorized by law.
(e) Notwithstanding other provisions of this section, where notice is required under § 49-6-3051, an abstract of the appropriate adjudication contained in the court file or record shall be made and provided to the parent, guardian, or other custodian of the juvenile, including the department, and this abstract shall be presented to the school in which the juvenile is, or may be, enrolled, in compliance with § 49-6-3051.
(f) (1) Notwithstanding the provisions of any law to the contrary, any person who is tried and adjudicated delinquent by a juvenile court may subsequently petition the juvenile court for expunction of all court files and records. The court may order all or any portion of the requested expunction if, by clear and convincing evidence, the court finds that the petitioner:
(A) (i) Is currently eighteen (18) years of age or older;
(ii) Is at least one (1) year removed from the person's most recent delinquency adjudication; and
(iii) Has never been convicted of a criminal offense as an adult, has never been convicted of a criminal offense following transfer from juvenile court pursuant to § 37-1-134, and has never been convicted of a sexual offense as defined in § 40-39-202, whether in juvenile court, following transfer from juvenile court pursuant to § 37-1-134, or as an adult;
(B) Has maintained a consistent and exemplary pattern of responsible, productive and civic-minded conduct for one (1) or more years immediately preceding the filing of the expunction petition; or
(C) The juvenile has made such an adjustment of circumstances that the court, in its discretion, believes that expunction serves the best interest of the child and the community.
(2) Nothing in this subsection (f) shall be construed to apply to any law enforcement records, files, fingerprints or photographs pertaining to any delinquency adjudication.
37-1-154. Law enforcement records -- Inspection limited -- Exceptions for certain violent offenders.
(a) Unless a charge of delinquency is transferred for criminal prosecution under § 37-1-134, the interest of national security requires or the court otherwise orders in the interest of the child, the law enforcement records and files shall not be open to public inspection or their contents disclosed to the public; but inspection of the records and files is permitted by:
(1) A juvenile court having the child before it in any proceeding;
(2) Counsel for a party to the proceeding;
(3) The officers of public institutions or agencies to whom the child is committed;
(4) Law enforcement officers of other jurisdictions when necessary for the discharge of their official duties; and
(5) A court in which such child is convicted of a criminal offense for the purpose of a presentence report or other dispositional proceeding, or by officials of penal institutions and other penal facilities to which such child is committed, or by a parole board in considering such child's parole or discharge or in exercising supervision over such child.
(b) Notwithstanding the provisions of subsection (a), petitions and orders of the court in a delinquency proceeding under this part shall be opened to public inspection and their content subject to disclosure to the public if:
(1) The juvenile is fourteen (14) years of age or older at the time of the alleged act; and
(2) The conduct constituting the delinquent act, if committed by an adult, would constitute first degree murder, second degree murder, rape, aggravated rape, rape of a child, aggravated robbery, especially aggravated robbery, kidnapping, aggravated kidnapping or especially aggravated kidnapping.
(c) Notwithstanding the provisions of this section, if a court file or record contains any documents other than petitions and orders, including, but not limited to, a medical report, psychological evaluation or any other document, such document or record shall remain confidential.
(d) (1) Except as otherwise permitted in this section, it is an offense for a person to intentionally disclose or disseminate to the public the law enforcement records concerning a charge of delinquency, including the child's name and address.
(2) A violation of this subsection (d) shall be punished as criminal contempt of court as otherwise authorized by law.
(e) Notwithstanding other provisions of this section, where notice is required under § 49-6-3051, an abstract of the appropriate adjudication contained in the court file or record shall be made and provided to the parent, guardian, or other custodian of the juvenile, including the department, and this abstract shall be presented to the school in which the juvenile is, or may be, enrolled, in compliance with § 49-6-3051.
37-1-155. Fingerprints and photographs -- Use -- When destroyed -- Video and audio recordings.
(a) (1) No child shall be fingerprinted or photographed in the investigation of delinquent acts without the permission of the court, unless the child is charged with a delinquent act that, if committed by an adult, would constitute a felony, in which case the child shall be fingerprinted and photographed at the time the child is taken into custody and such fingerprint file may be maintained in an automated fingerprint identification system. Such fingerprint file and photograph shall only be accessible to law enforcement officers, except as provided in § 37-1-154, and shall be maintained separate and apart from adult fingerprint files. The custody and maintenance of those fingerprints and photographs shall be the responsibility of the agency taking the child into custody.
(2) Law enforcement agencies shall not disclose such fingerprint or photograph files, except as permitted under § 37-1-154.
(b) (1) Fingerprint and photograph records shall be destroyed:
(A) If the child is charged with a misdemeanor offense and is not adjudicated a delinquent child; or
(B) If a petition alleging delinquency is not filed or the case is transferred to the juvenile court as provided in § 37-1-109.
(2) If the child is charged with a felony and is not adjudicated a delinquent child, the fingerprint and photograph records shall be maintained until the subject reaches eighteen (18) years of age. The record is then subject to expunction at the direction of the court.
(3) If the child is adjudicated a delinquent child on a felony offense, the fingerprint and photograph records shall be maintained permanently.
(4) If the child is adjudicated a delinquent child on a misdemeanor offense, the fingerprint and photograph records shall be maintained until the child reaches eighteen (18) years of age, or permanently if the child was fourteen (14) years of age or older when the offense was committed.
(5) All fingerprint and photograph records maintained pursuant to the authority of this section shall be confidential and used for law enforcement purposes only, or as otherwise permitted by law.
(c) If latent fingerprints are found during the investigation of an offense and a law enforcement officer has probable cause to believe that they are those of a particular child, such officer may fingerprint the child regardless of age or offense for purposes of immediate comparison with the latent fingerprints. If the comparison is negative, the fingerprint card and other copies of the fingerprints taken shall be immediately destroyed. If the child is not referred to the court or the case is dismissed, the fingerprints shall be immediately destroyed.
(d) If during the investigation of an offense, a law enforcement officer receives a description of the offender and such law enforcement officer has reasonable suspicion to believe that the description is that of a particular child, such officer may photograph the child regardless of age or offense for purposes of identification. However, nothing in this subsection (d) shall be deemed as authorizing an unconstitutional seizure of a child for purposes of obtaining a photograph.
(e) (1) Notwithstanding any other law to the contrary, a law enforcement officer, while acting in the course of official duties, may photograph, make a video recording or make an audio recording of a juvenile in the following circumstances:
(A) The juvenile is in the process of committing an offense;
(B) The law enforcement officer is conducting field sobriety tests based upon suspicion that the juvenile is driving under the influence of an intoxicant; or
(C) The juvenile is the victim of an offense and consents to photographing or recording. However, any photograph or recording of the victim taken pursuant to this subdivision (e)(1)(C) shall be taken solely for use as evidence in the case being investigated and not for any other purpose except as is already provided in this section.
(2) The photograph or recording shall be made solely for use as evidence, and if no charges are brought against the juvenile within the applicable statute of limitations for the offense under investigation, the photograph or recording shall be destroyed unless a court of competent jurisdiction orders otherwise.
(3) Notwithstanding any other law to the contrary, the photograph or recording shall not be considered a public record and shall not be released to the public except by order of the court having jurisdiction over the charges brought against the juvenile.
Title 37 Juveniles
Chapter 1 Juvenile Courts and Proceedings
Part 1 --General Provisions
Tenn. Code Ann. § 37-1-129 (2009)
37-1-129. Hearings -- Findings -- Disposition of child -- Interdepartmental case management team -- Pilot projects.
(a) (1) After hearing the evidence on the petition, the court shall make and file its findings as to whether the child is a dependent or neglected child, or, if the petition alleges that the child is delinquent or unruly, whether the acts ascribed to the child were committed by that child. If the court finds that the child is not a dependent or neglected child or that the allegations of delinquency or unruly conduct have not been established, it shall dismiss the petition and order the child discharged from any detention or other restriction theretofore ordered in the proceeding.
(2) If the petition alleged the child was dependent and neglected as defined in § 37-1-102(b)(12)(G), or if the court so finds regardless of the grounds alleged in the petition, the court shall determine whether the parents or either of them or another person who had custody of the child committed severe child abuse. The court shall file written findings of fact that are the basis of its conclusions on that issue within thirty (30) days of the close of the hearing or, if an appeal of a petition for certiorari is filed, within five (5) days thereafter, excluding Sundays.
(b) If the court finds on proof beyond a reasonable doubt that the child committed the acts by reason of which the child is alleged to be delinquent, it shall proceed immediately or at a postponed hearing to hear evidence as to whether the child is in need of treatment or rehabilitation and to make and file its findings thereon. If the court finds that the child is not in need of treatment or rehabilitation, it may dismiss the proceeding and discharge the child from any detention or other restriction theretofore ordered. In the absence of evidence to the contrary, evidence of the commission of acts that constitute a felony or that reflect recidivistic delinquency is sufficient to sustain a finding that the child is in need of treatment or rehabilitation.
(c) If the court finds from clear and convincing evidence that the child is dependent, neglected or unruly, the court shall proceed immediately or at a postponed hearing to make a proper disposition of the case.
(d) In hearings under subsections (b) and (c), all evidence helpful in determining the questions presented, including oral and written reports, may be received by the court and relied upon to the extent of its probative value even though not otherwise competent in the hearing on the petition. The parties or their counsel shall be afforded an opportunity to examine and controvert written reports so received and to cross-examine individuals making the reports. Sources of confidential information need not be disclosed.
(e) (1) Any order of the court that places custody of a child with the department shall empower the department to select any specific residential or treatment placements or programs for the child according to the determination made by the department, its employees, agents or contractors.
(2) The court may review the residential or treatment placement of a child placed in the department's custody, and within ninety (90) days of the placement, the court may, on its own motion, order a hearing to receive evidence and testimony with regard to the child's residential or treatment placement. The court shall provide notice of the hearing to the department, to the child's biological parent or parents, and any other person who has been primarily responsible for the care of the child during the twelve (12) months prior to the child's placement in the department's custody. The court shall allow thirty (30) days from the time such notices are sent before the hearing date is set. The court shall issue a placement recommendation to the department within ten (10) days after the conclusion of the hearing. Upon receiving the court's recommendation, the department shall issue a determination as to the child's placement within fifteen (15) days. The department shall notify the court, the child's biological parent or parents, and any other person who has been primarily responsible for the care of the child during the twelve (12) months prior to the child's placement.
(f) On its own motion or that of a party, the court may continue the hearings under this section for a reasonable period to receive reports and other evidence bearing on the disposition or the need for treatment or rehabilitation. In this event, the court shall make an appropriate order for detention of the child, or the child's release from detention, subject to supervision of the court during the period of the continuance. In scheduling investigations and hearings, the court shall give priority to proceedings in which a child is in detention or has otherwise been removed from the child's home before an order of disposition has been made.
Title 37 Juveniles
Chapter 1 Juvenile Courts and Proceedings
Part 5 --Council of Juvenile and Family Court Judges
Tenn. Code Ann. § 37-1-506 (2009)
37-1-506. Report and publishing of juvenile court information, including cases, informal adjustments, pretrial diversions and identifying information.
(a) The clerk of each juvenile court shall, each month, report to the executive secretary such information as the council may require concerning cases handled by such court, including, but not limited to, informal adjustments, pretrial diversions, and all other dispositions made by the court. Notwithstanding the provisions of § 37-1-153 or any other law to the contrary, the council may require identifying information to be reported in order that the council may more accurately track recidivism rates and other pertinent trends relating to juveniles. Notwithstanding the provisions of any law to the contrary, identifying information received by the council shall be confidential; shall not be published, released, or otherwise disseminated; and shall be maintained in accordance with state and federal laws and regulations regarding confidentiality. The council may publish data and make such data available to properly concerned agencies and individuals, or to any person upon request. Any such publication or release of data shall be limited to non-identifying information. The council shall develop guidelines and procedures to expunge identifying information collected on juveniles; provided, that such expunction shall occur only after the juvenile reaches the age that is beyond jurisdiction of the juvenile court.
(b) Nothing in this section shall be construed to mandate any change in a county's decision regarding the division of reporting responsibility between the juvenile court clerk and the youth services officer.
Title 37 Juveniles
Chapter 5 Department of Children's Services
Part 1 --General Provisions
Tenn. Code Ann. § 37-5-123 (2009)
37-5-123. Notification of release of juvenile offender.
(a) (1) The department of children's services shall provide or contract with a private entity to provide to members of the public who have made a notification request, notification of the release of a juvenile adjudicated to have committed a delinquent act that would constitute a felony if committed by an adult from a facility operated by or under contract with the department to home placement as defined in § 37-1-102. The chief administrator, or a person designated by the chief administrator, of a facility operated under contract with the department shall make available to the department, or any private entity under contract with the department, the information necessary to implement this section in a timely manner. The department, or the private entity under contract with the department, shall be responsible for retrieving the information and notifying the requester in accordance with regulations promulgated by the department.
(2) The department may refuse the notification request of a person if, on a case by case basis, it finds that notification of release is not in the best interests of the juvenile being released and that such notification may result in harm to the juvenile.
(b) The department shall promulgate rules in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to implement the provisions of this section.
(c) Notwithstanding the provisions of §§ 37-1-145, 37-1-155 or 37-5-107 to the contrary, this section shall require the release of information relating to juveniles who have been adjudicated to have committed a delinquent act that would constitute a felony if committed by an adult. The release of information shall be limited to the extent necessary to comply with the provisions of this section.
Title 49 Education
Chapter 6 Elementary and Secondary Education
Part 30 --Attendance
Tenn. Code Ann. § 49-6-3007 (2009)
49-6-3007. Attendance and truancy reports -- Enforcement of compulsory attendance.
(a) On or before the beginning of the school term each year, the director of schools of each school district shall furnish to the principal teacher in each school, or cause to be furnished, through any duly elected attendance teacher, as herein provided, the names of children depending on their schools for instruction, together with the names of the parents or guardians of the children, the lists to be taken from the census enumeration on file in the office of the director of schools, or from any other available and reliable sources.
(b) It is the duty of every principal or teacher of a public school to report to the director of schools, immediately after the opening of school, the names of all children on the list furnished to the director of schools who have not appeared for enrollment.
(c) It is the duty of the principals and teachers of all schools, public, private, denominational or parochial, to report in writing to the director of schools of the system in which the school is located the names, ages and residences of all pupils in attendance at their schools and classes within thirty (30) days after the beginning of the school year, and to make such other reports of attendance in their schools or classes, including transfers of pupils, as may be required by rule or regulation of the local board of education and of the state board of education. Notwithstanding the provisions of subsection (g), the provisions of this subsection shall apply to any child less than six (6) years of age who is enrolled in any school to which the provisions of this subsection are applicable.
(d) All public, private and parochial schools shall keep daily reports of attendance, verified by the teacher making such record, which shall be open to inspection at all reasonable times, to the director of schools of the system in which the school is located or to the director of schools' duly authorized representative. Notwithstanding the provisions of subsection (g), the provisions of this subsection shall apply to any child less than six (6) years of age who is enrolled in any school to which the provisions of this subsection are applicable.
(e) (1) It is the duty of the principal or teacher of every public, private or parochial school to report promptly to the director of schools, or the director of schools' designated representative, the names of all children who have withdrawn from school, or who have been absent five (5) days (this means an aggregate of five (5) days during the school year and not necessarily five (5) consecutive days) without adequate excuse. Each successive accumulation of five (5) unexcused absences by a student shall also be reported.
(2) Such director of schools shall thereupon serve, or cause to be served, upon the parent, guardian or other person in Tennessee in parental relation to such children unlawfully absent from school, written notice that attendance of such children at school is required. A new notice shall be sent after each successive accumulation of five (5) unexcused absences.
(3) If it appears that, within three (3) days after receipt of the notice, any child, parent, guardian or other person in parental relation has failed to comply with the provisions of this part, the director of schools, in the name of the local school system, shall report the facts of such unlawful attendance to the sheriff, constable, city police officer, district attorney general, or the foreman of the grand jury, who shall proceed against the parent, guardian or other person in parental relation in accordance with the provisions of this part, unless the parent, guardian or person having charge and control of the child shall at once place the child in some day school as aforementioned.
(f) The director of schools of any local school system, after written notice to the parent or guardian of a child, shall report any child who is habitually and unlawfully absent from school to the appropriate judge having juvenile jurisdiction in that county, each case to be dealt with in such manner as the judge may determine to be in the best interest of the child, consistent with the provisions of §§ 37-1-132, 37-1-168 and 37-1-169 and in the event the child is adjudicated to be unruly, the judge may assess a fine of up to fifty dollars ($50.00) or five (5) hours of community service, in the discretion of the judge, against the parents or legal guardians of children in kindergarten through grade twelve (K-12) if the child is absent more than five (5) days during any school year.
(g) Except as otherwise provided by § 49-6-3001 or § 49-6-3005, the provisions of this section shall be applicable to children less than six (6) years of age and their parent, guardian, or other person in a parental relation when such parent, guardian, or other person in a parental relation has enrolled the child in any school which receives funding based on average daily membership; provided, that a child may be withdrawn within six (6) weeks of initial enrollment without penalty.
(h) For the purposes of this part, for recording and coding student absences from school because of disciplinary actions, the following definitions shall apply:
(1) "Expulsion" is defined as removal from attendance for more than ten (10) consecutive days or more than fifteen (15) days in a month of school attendance. Multiple suspensions that occur consecutively shall constitute expulsion. The school district shall not be eligible to receive funding for an expelled student;
(2) "Remand" is defined as assignment to an alternative school. The student so assigned shall be included in ADA/ADM and will continue to be counted as present for funding purposes. The department of education shall establish a set of codes to be used for reporting reasons for students on remand to an alternative school; and
(3) "Suspension" is defined as dismissed from attendance at school for any reason not exceeding ten (10) consecutive days. Multiple suspensions shall not run consecutively nor shall multiple suspensions be applied to avoid expulsion from school. The school district shall remain eligible to receive funding for a suspended student.
(i) (1) An LEA may enter into an agreement with the local law enforcement agency serving the area of the LEA and the appropriate local government in that area to assist in the enforcement of compulsory attendance upon complying with the following conditions:
(A) Creation by the local school board of an advisory council to assist the board in formulating the agreement. The board shall include representatives of teachers, parents, administrators, and other community representatives;
(B) Receipt of input from neighborhood groups and other interested parties;
(C) At least one (1) public hearing on the proposed plan prior to its adoption by the board;
(D) Provisions for training teachers, principals, social workers, and other personnel involved in the schools in truancy issues;
(E) Provisions for assuring the training of involved law enforcement personnel in provisions of the truancy law, including categories of students to which the law does not apply, such as private school students or home school students; and
(F) Inclusion in the agreement of safeguards to protect students from discriminatory or selective enforcement and to protect the civil rights of students and parents.
If such an agreement is entered into, then it shall be the duty of the principal or teacher of every public school to report promptly to the director of schools, or the director of schools' designated representative, the names of all children who have been absent two (2) days (this means an aggregate of two (2) days during the school year and not necessarily two (2) consecutive days) without adequate excuse and shall continue to report each subsequent absence without adequate excuse.
(2) Such director of schools shall thereupon serve, or cause to be served, upon the parent, guardian or other person in Tennessee in parental relation to such children unlawfully absent from school, written notice that attendance of such children at school is required, and of the provisions of this subsection.
(3) Under the provisions of such an agreement, and for purposes of this section and § 37-1-102(b)(23)(A)(i), a student who has been absent an aggregate three (3) days without adequate excuse may be deemed habitually truant.
(4) The director of schools or director of schools' representative may issue a list of such "truant" students to the local law enforcement agency for the purpose of allowing the law enforcement agency to take such student into temporary custody when such student is found away from the school premises during school hours, in a public place, in any public or private conveyance, or in any public place of business open to the public, without adequate excuse, unless accompanied by a parent, foster parent or legal guardian. The agreement shall further specify that the law enforcement officer's sole function shall be to deliver the child to:
(A) The parent, foster parent, legal guardian, or other person having control or custody of the child;
(B) The principal of the school in which the child is enrolled;
(C) A truancy center established by the LEA; or
(D) The juvenile court, if there has been a local interagency agreement entered into by the juvenile court and the local law enforcement agency.
(5) The powers conferred under such agreements may be exercised without warrant and without subsequent legal proceedings.
(6) The provisions of this subsection shall not apply to students enrolled in home or non-public schools in accordance with the provisions of §§ 49-6-3050 or 49-50-801.
(7) Upon issuance of a standing order by the juvenile court, LEA officials shall be allowed to release student record information to local law enforcement agencies and to juvenile justice system officials to assist such officials in effectively serving the student whose record is released. Officials and authorities receiving such information shall not disclose the information to any other party without prior written consent of the parent.
49-6-3051. Parental or guardian notice to school of child's criminal offenses -- List of goals -- Confidentiality -- Violations and penalties.
(a) Notwithstanding any law to the contrary, if a student has at any time been adjudicated delinquent for any offense listed in subsection (b), the parents, guardians or legal custodians, 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 a school principal, or a principal's designee, the abstract provided under § 37-1-153 or § 37-1-154 or other similar written information when any such student:
(1) Initially enrolls in an LEA;
(2) Resumes school attendance after suspension, expulsion, or adjudication of delinquency; or
(3) 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 for:
(1) An offense involving:
(A) First degree murder;
(B) Second degree murder;
(C) Rape;
(D) Aggravated rape;
(E) Rape of a child;
(F) Aggravated rape of a child;
(G) Aggravated robbery;
(H) Especially aggravated robbery;
(I) Kidnapping;
(J) Aggravated kidnapping;
(K) Especially aggravated kidnapping;
(L) Aggravated assault;
(M) Felony reckless endangerment;
(N) Aggravated sexual battery; or
(2) A violation of:
(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.
(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 C 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 the department of children's services shall be notified and take appropriate action against the employee.
Title 49 Education
Chapter 6 Elementary and Secondary Education
Part 42 --School Security Act
Tenn. Code Ann. § 49-6-4209 (2009)
49-6-4209. Report of reasonable suspicion by principal to law enforcement officer.
It is the duty of a school principal who has reasonable suspicion to believe, either as a result of a search or otherwise, that any student is committing or has committed any violation of title 39, chapter 17, part 4, § 39-17-1307, or of § 39-17-1309, upon the school ground or within any school building or structure under the principal's supervision, to report such reasonable suspicion to the appropriate law enforcement officer. School personnel have the duty to report any reasonable suspicion that a student is committing or has committed any violation of title 39, chapter 17, part 4 or of § 39-17-1307 to the principal, or, if the principal is not available, to the principal's designee. If neither the principal nor the designee is available, school personnel may report violations of title 39, chapter 17, part 4 or of § 39-17-1307, committed on school property to the appropriate authorities.
Title 49 Education
Chapter 6 Elementary and Secondary Education
Part 43 --Reporting Student Offenses
Tenn. Code Ann. § 49-6-4301 (2009)
49-6-4301. School officials to report student offenses.
(a) Every teacher observing or otherwise having knowledge of an assault and battery or vandalism endangering life, health or safety committed by a student on school property shall report such action immediately to the principal of such school. Every principal having direct knowledge of an assault and battery or vandalism endangering life, health or safety committed by a student on school property or receiving a report of such action shall report such action immediately to the municipal or metropolitan police department or sheriff's department having jurisdiction. Any fight not involving the use of a weapon as defined in § 39-17-1309, or any fight not resulting in serious personal injury to the parties involved, shall be reported only to the school administrator.
(b) The report made to the law enforcement agency shall include, if known, the name and address of the offender, and the name and address of the victim, if any. The report shall also contain a description of the action and whatever additional information is requested by the law enforcement agency.
(c) The commissioner of education, in conjunction with the commissioner of safety, shall establish a statewide uniform violent incident reporting system that all LEAs shall follow. The uniform violent incident reporting system shall require all LEAs to report annually to the commissioner in a form and by a date prescribed by the commissioner, the following information concerning violent and disruptive incidents, as defined by the commissioner, that occurred in the prior school year:
(1) The type of offenders;
(2) If any offender is a student, the age and grade of the student;
(3) The location at which the incident occurred;
(4) The type of incident;
(5) Whether the incident occurred during or outside of regular school hours;
(6) Where the incident involves a weapon, whether the weapon was a firearm, knife or other weapon;
(7) The actions taken by the school in response to the incident, including when the incident was reported to law enforcement officials and whether disciplinary action was taken against the offenders by law enforcement;
(8) Any student discipline or referral action taken against a student offender and the duration of the action; and
(9) The nature of the victim and the victim's age and grade where appropriate.
(d) The commissioner shall require a summary of the information from subsection (c) to be included, in a form prescribed by the commissioner, in the annual report published by the commissioner each year pursuant to § 49-1-211.
(e) Beginning on or before February 1, 2007, and annually on or before February 1 of each year thereafter, the commissioner shall report to the governor and the general assembly concerning the prevalence of violent and disruptive incidents in the public schools, and the effectiveness of school programs undertaken to reduce violence and assure the safety and security of students and school personnel. The report shall summarize the information available from the incident reporting system, and identify specifically the schools and school districts with the least and greatest incidence of violent incidents, and the least and most improvement since the previous year or years.
Title 49 Education
Chapter 6 Elementary and Secondary Education
Part 8 --Schools Against Violence in Education Act.
Tenn. Code Ann. § 49-6-801 (2009)
This part shall be known and may be cited as the "Schools Against Violence in Education Act" or the "SAVE Act."
49-6-802. State-level safety team -- Template for safety and emergency response plans.
(a) The commissioner of education shall establish a state-level safety team, which shall assist LEAs and schools with compliance with this part as reasonably necessary. As part of the assistance, the state-level safety team shall publish a template for use by districts in preparing their district-level safety plans and building-level emergency response plans, which template shall outline the responsibilities of the LEAs and individual schools in complying with this part. The state-level safety team shall regularly review and update the template.
(b) The commissioner shall appoint the members of the state-level safety team, including:
(1) A representative of the department of safety;
(2) A representative of the Tennessee bureau of investigation;
(3) A representative of homeland security;
(4) A representative of the department of mental health and developmental disabilities;
(5) A representative of the emergency medical services of the department of health;
(6) A representative of the state board of education; and
(7) A representative of the Tennessee association of school resource officers.
(c) The commissioner may also appoint a representative from each of the following:
(1) The Tennessee organization of school superintendents;
(2) The Tennessee school boards association;
(3) The Tennessee alternative education association;
(4) The Tennessee education association;
(5) The Tennessee association of mental health organizations;
(6) The Tennessee association of school counselors and psychologists;
(7) The Tennessee state parent teacher association;
(8) Tennessee students between sixteen (16) and twenty-four (24) years of age; and
(9) The Tennessee school health coalition.
49-6-804. Adoption of comprehensive plans.
Each LEA shall adopt a comprehensive district-wide school safety plan and building-level school safety plans regarding crisis intervention, emergency response and emergency management. The plans shall be developed by a district-wide school safety team and a building-level school safety team established pursuant to this part and shall follow the template developed by the state-level safety team. An LEA having only one (1) school building shall develop a single building-level school safety plan, which shall also fulfill all requirements for development of a district-wide plan.
49-6-805. Template minimum requirements.
At a minimum, the template prepared by the state-level safety team shall include:
(1) The designation of an emergency response team;
(2) Policies and procedures for communication with law enforcement officials, parents and guardians in the event of emergencies and incidents of or threats of violence;
(3) Policies and procedures relating to school building security, including, where appropriate, the use of school resource officers, security devices or security procedures, and addressing, where appropriate, the use of the building by the public for events other than school activities and the impact the other use may have on building security;
(4) Procedures for assuring that crisis response and law enforcement officials have access to floor plans, blueprints, schematics or other maps of the school interior, school grounds and road maps of the immediate surrounding area;
(5) Procedures for coordination of the school safety plan with the resources available through the department of mental health and developmental disabilities or a similar local agency to assure that the school has access to federal, state or local mental health resources in the event of a violent incident;
(6) Appropriate violence prevention and intervention strategies such as:
(A) Collaborative arrangements with state and local law enforcement officials, designed to ensure that school resource officers and other security personnel are adequately trained, including being trained to de-escalate potentially violent situations, and are effectively and fairly recruited;
(B) Dissemination of informative materials regarding the early detection and identification of potentially threatening behaviors and violent acts to teachers, administrators, school personnel, parents or guardians and students;
(C) Nonviolent conflict resolution training programs;
(D) Peer mediation programs and youth courts;
(E) Extended day and other school safety programs; and
(F) Comprehensive school counseling and mental health programs;
(7) Policies and procedures for annual school safety training for all students, teachers, and other school personnel; and
(8) Policies and procedures for the safe evacuation of all students, teachers, other school personnel and visitors to the school in the event of a serious violent incident or other emergency.





