J-310 Adjudicated Delinquent Students

Written By Zack Brewer

Updated at July 27th, 2024

Section J:

 

 

Students

Knox County Board of Education

Descriptor Term:

 

Adjudicated Delinquent Students

Descriptor Code:

J-310

Issued:

10/08

Reviewed:

12/23

Revised:

9/17

If a student has at any time been adjudicated delinquent for any offense listed in Tennessee Code
Annotated § 49-6-3051(b), the parents, legal 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, the abstract provided under T.C.A. § 37-1-153 or § 37-1-154 or other similar written
information when any student:

  1. Initially enrolls in Knox County Schools;
  2. Resumes school attendance after suspension, expulsion, or adjudication of delinquency; or
  3. Changes schools within the state of Tennessee.

The parents, legal guardians, or legal custodians, including the Department of Children’s Services acting
in any capacity, shall provide notification if a student has been adjudicated delinquent for:

  1. An offense involving:
    1. First degree murder;
    2. Second degree murder;
    3. Rape;
    4. Aggravated rape;
    5. Rape of a child;
    6. Aggravated rape of a child;
    7. Aggravated robbery;
    8. Especially aggravated robbery;
    9. Kidnapping;
    10. Aggravated kidnapping;
    11. Especially aggravated kidnapping;
    12. Aggravated assault;
    13. Felony reckless endangerment;
    14. Aggravated sexual battery; or
  2. A violation of:
    1. Voluntary manslaughter, as defined as in T.C.A. § 39-13-211;
    2. Criminally negligent homicide, as defined in T.C.A. § 39-13-212;
    3. Sexual battery by an authority figure, as defined in T.C.A. § 39-13-527;
    4. Statutory rape by an authority figure, as defined in T.C.A. § 39-13-532;
    5. Prohibited weapon, as defined in T.C.A. § 39-17-1302;
    6. Unlawful carrying or possession of a firearm, as defined in T.C.A. § 39-17-1307;
    7. Carrying weapons on school property, as defined in T.C.A. § 39-17-1309;
    8. Carrying weapons on public parks, playgrounds, civic centers, and other public recreational
      buildings and grounds, as defined in T.C.A. § 39-17-1311;
    9. Handgun possession, as defined in T.C.A. § 39-17-1319;
    10. Providing handguns to juveniles, as defined in T.C.A. § 39-17-1320; or
    11. Any violation of T.C.A. § 39-17-417 that constitutes a Class A or Class B felony.

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.

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 school, and with the school resource officer, and any
other person notified. 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 and the student plan shall not become part of the child’s student record.

It is an offense for any school personnel to knowingly share information with any person other than those listed by law. A violation of this is a Class C misdemeanor, punishable by a fine.

It is an offense for a parent or legal guardian to knowingly fail to provide notification as required by law.
A violation of this is a Class C misdemeanor, punishable by a fine.

If it becomes apparent that any employee of the Department of Children’s Services knowingly failed to
notify the school, as required by law, the Commissioner of the Department of Children’s Services shall be
notified and take appropriate action against such employee.

If 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, the court
shall then enter an order directing the youth service officer, probation officer, or 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. 

If an information release is executed in compliance with T.C.A. § 33-3-109 that provides the principal or
other designated school personnel access to certain information concerning the child, the principal or
other school personnel may work with the child’s mental health provider to develop an appropriate plan.
Upon the subsequent enrollment of any such student in any other school district, the parents or custodians of such student, and the administrator of any school having previously the same or similar notice, shall notify the receiving school. 

 

 

 

 


Legal References:

  1. T.C.A. § 49-6-3051.
  2. T.C.A. § 37-1-131(a)(2)(B).
  3. T.C.A. § 37-1-153.
  4. T.C.A. § 39-1-154.

Approved as to Legal Form
By Knox County Law Director 11/17/2023
/Gary T. Dupler/Deputy Law Director

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