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SB 386

Education - As introduced, enacts the "Early Behavioral Intervention and Reporting Act"; clarifies that public charter schools are required to have a threat assessment team in the same manner as required of local education agencies. - Amends TCA Title 16; Title 37 and Title 49.

114th Regular Session (2025-2026) Introduced by Brent Taylor

Requires all Tennessee LEAs and public charter schools to implement a centralized computer-based system to log early warning signs, with annual DOE reports and data retention rules

Failed in Senate Education Committee
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Bill Summary · SB 386

Summary of SB 386 (Session 114) / HB 522 – Early Behavioral Intervention and Reporting Act

Aim and core purpose

  • Enacts the Early Behavioral Intervention and Reporting Act.
  • Requires every local education agency (LEA) and public charter school in Tennessee to implement a centralized, computer-based system for recording early warning signs related to student safety, health, and behavior.
  • Establishes that public charter schools must have a threat assessment team in the same manner as LEAs (existing policy under state law).

Key provisions and changes

Data system and training

  • Each LEA and public charter school must implement a computer-based data-entry system for documenting early warning signs observed by teachers and staff.
  • All teachers and school staff must be trained to identify early warning signs and to input data accurately into the system.

System requirements

  • The system must align with:
    • Tennessee’s School Discipline Act (§ 49-6-4503) and related discipline provisions (Part 41).
    • School safety plans under the SAVE Act (Part 8).
  • The system must include a database capable of receiving and maintaining data on early warning signs.
  • Immediate notification must be sent to the LEA threat assessment team member (or the designated charter school employee) when an early warning sign is entered.

Oversight and reporting

  • LEAs and public charter schools must annually report to the Department of Education (DOE) summarizing:
    • the data collected on early warning signs, and
    • the interventions provided in response.
  • Reports must comply with FERPA and other privacy laws (federal and state).

Response and compliance

  • LEAs and charter schools must review each new warning sign notification (and prior ones) to determine if further action is needed.
  • The Commissioner of Education may withhold state funds if an LEA or public charter school fails to comply, with the amount determined by the Commissioner.

Data retention

  • The amended version clarifies data retention:
    • A LEA/charter may retain student data in the system only while the student is enrolled at that LEA/charter.
    • Upon a student’s withdrawal or non-enrollment, all related data must be deleted.

Who is affected

  • All local education agencies (school districts) in Tennessee.
  • All public charter schools operating in Tennessee.
  • Students enrolled in those LEAs/charter schools (data is collected about their early warning signs, subject to privacy laws).

Timing and procedural aspects

  • Effective date: July 1, 2025.
  • Administrative process:
    • LEAs/charters must procure and implement the computer-based system.
    • Staff must be trained.
    • Annual reports to DOE are required.
  • Enforcement:
    • DOE can withhold state funds from non-compliant LEAs/charters until compliance is achieved.

Fiscal impact (as analyzed in the fiscal notes)

  • Local government expenditures: Approximately $2,940,000 annually starting in FY 2025-26 (based on an assumed average cost of $20,000 per LEA for 147 LEAs).
  • Public charter schools: Viewing costs as embedded within LEA costs; no separate statewide funding impact identified beyond the local cost estimates.
  • The cost drivers include hardware, software, training, ongoing support, and potential network infrastructure upgrades.
  • The fiscal notes assume full compliance to maintain eligibility for state funding; no significant expected reductions in state expenditures beyond the described local costs.

Status (as of the actions listed)

  • History shows multiple committee actions in 2025; as of the latest entry, the bill failed in the Senate Education Committee (March 26, 2025) after previously being considered and amended.
  • Primary sponsor: Senator (and co-sponsor) involved; bill carries House companion HB 522.

If you’d like, I can provide a plain-language impact briefing for school administrators or a side-by-side comparison with existing threat assessment policies (e.g., SAVE Act provisions) to highlight overlaps and gaps.

Compiled from official sources — confirm details with the bill’s official record.

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