When a child may have been abused at school, school employees must promptly report the suspicion. The Tennessee Department of Children’s Services must be able to investigate and protect that child. An educator under investigation should also have a fair opportunity to present evidence while it can still make a difference. Tennessee can do all three.
At Professional Educators of Tennessee, we are concerned about what happens between the day a report is filed and the day a case is resolved. An educator can spend months out of the classroom, sometimes without pay, with little information about the conduct at issue or guidance on identifying witnesses and submitting records. District leaders may have to decide whether a temporary removal is still necessary, with limited information about where the case stands. These problems are especially acute when DCS is the only agency investigating.
An allegation is not a finding. A report alone does not automatically place a teacher on unpaid suspension. Tennessee law allows a director of schools to suspend a teacher pending an investigation. The 90-day cap on certain investigatory suspensions does not apply while a DCS or criminal investigation is ongoing. The law provides full back pay if the teacher is vindicated or reinstated. That matters, however, back pay months later does little to help a family make this month’s mortgage payment.
DCS provides written notice and a review process after it substantiates an allegation. Employment and licensure decisions are separate, but a substantiated finding can trigger restrictions after the individual declines the applicable review or the finding is upheld. The law also provides for emergency review and disclosure when DCS determines that an individual poses an immediate threat to children. Given those stakes, what happens before a finding deserves as much attention as the review that follows?
The General Assembly should direct DCS to work with state education officials and local school districts to put four safeguards in place. Moving the investigation unit to the Department of Education or Tennessee State Board of Education should also be a consideration.
- Give educators timely notice and a way to respond. As soon as the law, student safety, and the integrity of the investigation permit, tell the employee what conduct is at issue and where to submit relevant information. Give the employee a meaningful opportunity to identify witnesses and provide records before a finding is made. If notice must wait, have a supervisor revisit that decision.
- Gather the evidence and understand the classroom. Preserve available video, review relevant records, and interview people who saw what happened. Document evidence that supports the allegation and evidence that calls it into question. In a specialized classroom, a student’s communication needs, support plan, and the rules governing staff conduct may be essential to understanding an incident. Bring in special education expertise when the facts call for it.
- Set clear timelines and explain delays. Establish consistent deadlines for key steps and give educators and districts regular updates within confidentiality rules. When a case needs more time, require a supervisor to document why, identify what remains to be done, and set the next review date. Give particular attention to cases in which an employee has been removed from the classroom.
- Revisit temporary employment decisions. Districts should periodically determine whether a suspension or other restriction remains necessary. When paid leave or temporary reassignment can protect students and preserve the investigation, districts should consider those options. A decision made in the first hours of a case deserves a fresh look as more facts become available.
Our goal is to spark a policy discussion while changes are being made at one of the worst-run agencies in state government. We want to help our members understand the process, advocate for a fair review in individual cases, and ask lawmakers to establish safeguards that work in schools across Tennessee. We can do that without prejudging any case.
A child who may have been harmed deserves a prompt, careful investigation. An educator whose livelihood is on the line deserves to be heard. Tennessee can honor both obligations by gathering evidence while it is available, keeping people informed as the law allows, and ensuring every delay has a reason and a next step.
JC Bowman is the executive director of Professional Educators of Tennessee and a contributing editor at TriStar Daily.
