AN ACT to amend Tennessee Code Annotated, Title 16; Title 37 and Title 49, relative to student behavior.
Summary
SB0386 creates the “Early Behavioral Intervention and Reporting Act” and requires each local education agency (LEA) and public charter school to use a computer-based system for teachers and school staff to record student “early warning signs.” The bill defines early warning signs broadly to include harassment, bullying, threats of violence, substance abuse, mental health concerns, self-harm, and suicidal ideation. Staff must be trained to identify these signs and enter them into the system, which must also maintain a database of entries and immediately alert the school’s threat assessment team.
Once notified, the designated LEA or charter school personnel must review the current and prior notifications for that student and decide whether further action is needed. Each LEA and public charter school must also submit an annual report to the Department of Education summarizing the data collected and any interventions provided. The bill includes privacy protections requiring compliance with FERPA and other state and federal confidentiality laws, and it authorizes the commissioner of education to withhold state funds from noncompliant schools until they comply.
Impact
The bill would add a new section to Title 49 governing student behavior and would amend existing threat assessment provisions in §§ 49-6-2701 and 49-6-2702 to expressly include public charter schools alongside LEAs. It would expand school-level reporting and intervention obligations, create a statewide data-collection and notification framework for student behavioral concerns, and give the Department of Education enforcement leverage through potential withholding of state funds. The act would take effect July 1, 2025, if enacted.
Sentiment
The available vote history suggests the bill did not have enough support in the Senate Education Committee, where it failed 4-5 on March 26, 2025. No committee transcript is available, so the record does not show detailed debate, but the committee outcome indicates at least some concern or disagreement about the proposal. Overall, the bill appears to have been treated as a school safety and student intervention measure, but one that did not secure majority committee support.
Contention
The main points of contention likely center on the breadth of the required data collection, the mandatory reporting and notification system, and the potential privacy implications of tracking sensitive student behavioral information. The bill’s requirement that teachers and staff identify and enter early warning signs could raise concerns about workload, training, and the risk of over-reporting ordinary student behavior. Opponents may also have been concerned about FERPA compliance, student confidentiality, and the commissioner’s authority to withhold state funds for noncompliance, while supporters likely viewed the bill as a proactive school safety and mental health intervention tool.