Title 49 Education

Chapter 1 State Administration
Part 1 General Provisions
§ 49-1-101. System established.
  1. There is established a system of public education.
§ 49-1-102. Administration generally.
  1. (a) The system of public education in this state is governed in accordance with laws enacted by the general assembly and under rules, policies, standards, and guidelines adopted by the state board of education that are necessary for the proper operation of public education in pre-kindergarten through grade twelve (pre-K-12). The state board shall formulate the rules, policies, standards, and guidelines with assistance from the commissioner of education, as the state board may request.
  2. (b) The commissioner shall perform the duties assigned to the commissioner by law and is responsible for the administration, implementation, supervision, and enforcement of the rules, policies, standards, and guidelines of the state board of education.
  3. (c) There shall be a local public school system operated in each county or combination of counties. There may be a local public school system operated in a municipality or special school district. Any local public school system shall be administered by:
    1. (1) A local board of education; and
    2. (2) A director of schools.
  4. (d) In the event the local public school system is a multi-county system, the system shall be administered by an elected nine-member board of education and a director appointed by the board.
§ 49-1-103. Title definitions.
  1. As used in this title, unless the context otherwise requires:
    1. (1) “Board,” “local board,” or “local board of education” means the board of education that manages and controls the respective local public school system; and
    2. (2) “Local education agency (LEA),” “school system,” “public school system,” “local school system,” “school district,” or “local school district” means any county school system, city school system, special school district, unified school system, metropolitan school system or any other local public school system or school district created or authorized by the general assembly.
§ 49-1-104. Maximum class size — Waiver — Split-grade classes.
  1. (a) It is the intent of the general assembly that every LEA move expeditiously and promptly toward the goals established in this section, and to that end, neither the commissioner nor the state board of education shall grant waivers from the maximum class sizes established in this section. Every public local school system shall have as a policy that pupil-teacher ratios should not exceed the averages prescribed in this section. In no school building shall the average size of any grade level unit prescribed in this section exceed the stated average, though any individual class within that unit may exceed the average; provided, that no class shall exceed the prescribed maximum size.
  2. (b) The state board of education, in consultation with the state department of education, shall establish class size standards and case load standards for instructional personnel and teachers having the primary responsibility for the development, implementation and updating of a student's individualized education plan (IEP). In addition to case load requirements, these standards shall address class size in all classrooms that include students with disabilities and students eligible for special education services.
  3. (c) The average pupil/teacher ratios in this section shall establish the minimum number of regular classroom teaching positions in a school exclusive of the principal, assistant principal, counselor, elementary art, elementary music, elementary physical education, librarian, special education or other specialized positions.
  4. (d) Class size limits may be exceeded in such areas as typewriting, junior reserve officers' training corps (JROTC) and instrumental and vocal music classes; provided, that the effectiveness of the instructional program in these areas is not impaired.
  5. (e)
    1. (1) No local school system shall establish split-grade classes for the purpose of complying with this section. This subsection (e) does not prevent school systems from using transitional, ungraded or unstructured classes.
    2. (2) No local school system shall establish split-grade classes for any purpose without the approval of the local board of education.
    3. (3) The average size specified for the grade levels involved in split-grade classes will be the maximum size allowed in such classes, notwithstanding the maximum size otherwise allowed by this section.
  6. (f) In the event of a natural disaster that results in the enrollment of displaced students, the commissioner of education may grant a waiver from the maximum class sizes established in this section.
  7. (g)
    1. (1) LEAs that use the career academy or small learning community model may extend class sizes in career and technical education (CTE) classes in grades nine through twelve (9-12); provided, that the CTE class sizes do not exceed the maximum class size set for general education classes in grades seven through twelve (7-12).
    2. (2) LEAs may seek a waiver from the commissioner of education to extend the CTE class size average in grades nine through twelve (9-12); provided, that the CTE class sizes do not exceed the maximum class size set for CTE classes.
    3. (3) LEAs may extend CTE class sizes and averages for CTE classes in grades six through eight (6-8); provided, that CTE classes in grades six through eight (6-8) must not exceed the maximum class size and average set for general education classes in grades seven through twelve (7-12).
  8. (h) Any LEA operating a virtual school or virtual education program shall not exceed the teacher/pupil ratio for virtual schools set by the state board of education.
  9. (i)
    1. (1) Notwithstanding subsection (a), the commissioner, upon request by an LEA, may grant a waiver from the average class sizes established in this section to assist the LEA in funding a grow your own program pursuant to criteria established by the department.
    2. (2) As used in this section, “grow your own” means a partnership between an educator preparation provider, approved by the state board of education, and one (1) or more LEAs to coordinate a program for the preparation and licensure of teachers that integrates education content with a public school classroom internship that includes structured feedback and coaching from an experienced teacher serving as a mentor.
§ 49-1-105. Completion of school year when parent relocated.
  1. It is the intent of the general assembly that every child have an opportunity to succeed educationally. An LEA may permit a child who is legally enrolled in a school within the LEA to complete the year in that school when, during the school year, the custodial parent or parent's residence has been relocated due to active military duty or other hardship and is to be reviewed on a case-by-case basis by the LEA.
§ 49-1-106. Best practices clearinghouse.
  1. (a) The general assembly finds and declares that teaching practices in educational institutions that receive public funding for kindergarten through grade twelve (K-12) education should embrace and implement the best practices of models of K-12 education reform including those developed by charter schools, virtual schools, schools participating in voucher programs and other reform models that may arise. Such best practices should be implemented to:
    1. (1) Encourage the use of different and innovative teaching methods proven to be effective through education reform models;
    2. (2) Improve learning opportunities for all students; and
    3. (3) Close the achievement gap between high-performing and low-performing students.
  2. (b) In order to effectively identify and disseminate best practices of education reform, the state board of education, the department of education and the office of research and education accountability in the office of the comptroller of the treasury, shall confer with other education stakeholders and determine the best means of organizing and operating a best practices clearinghouse.
  3. (c) The purpose of the best practices clearinghouse shall be to collaborate and cooperate with schools using models of education reform to identify their best practices, to implement a system for dissemination of such practices, to permit all public schools to learn from these best practices, and to assist public schools in the use of best practices. The best practices clearinghouse shall be charged with studying models of education reform to identify, develop and share best practices of these models with public schools.
§ 49-1-107. Annual written notification of funds available for mental health services.
  1. By October 15, 2024, and each October 15 thereafter, the department shall notify each LEA in writing of all state and federal grants available to assist the LEA in expanding mental health services and resources in schools, including, but not limited to, grants that may be available through Title IV, Part A of the Elementary and Secondary Education Act (ESEA) for purposes of the Bipartisan Safer Communities Act (Pub. L. No. 117-159). The notice must include relevant information about each available grant program and outline the process for the LEA to apply for any available grant funds.
§ 49-1-108. Submissions of interpretations and directives from the United States department of education — Dissemination by chairs of government operations committees.
  1. (a) The department of education shall submit interpretations and directives from the United States department of education regarding the implementation of department rules that provide guidance to this state to the chair of the government operations committee of the house of representatives, the chair of the government operations committee of the senate, the chair of the education instruction committee of the house of representatives, the chair of the education administration committee of the house of representatives, the chair of the education committee of the senate, the speaker of the house of representatives, and the speaker of the senate.
  2. (b) The chairs of the government operations committees shall disseminate the interpretations and directives submitted by the department of education as prescribed in subsection (a) to the members of the joint government operations rule review committees prior to each rule review meeting scheduled by the committee for the month following the submission of the interpretations and directives.
Part 2 Department of Education
§ 49-1-201. Powers and duties of the commissioner.
  1. (a) The commissioner of education is responsible for the implementation of law or policies established by the general assembly or the state board of education.
  2. (b) The commissioner shall attend all meetings of the state board of education and may speak at the meetings and make recommendations. Any recommendations made by the commissioner shall be made a part of the minutes of the meeting.
  3. (c) The commissioner shall provide direction through administrative and supervisory activities designed to build and maintain an effective organization as follows:
    1. (1) Employ and supervise the personnel within the department;
    2. (2) Collect and publish, in accordance with the rules, regulations, policies and procedures of the state publications committee, statistics and other information relative to the public school system;
    3. (3) Make tours of inspection and survey among the public schools throughout the state and to direct supervision through the divisions of the department;
    4. (4) Require all teachers to attend county institutes or educational meetings on the date, at the hour and place designated by the county director of schools; provided, that schools shall not be suspended for more than ten (10) days in one (1) year; and provided further, that the place of the meeting shall be in the county where the school is located;
    5. (5) See that the school laws and the regulations of the state board of education are faithfully executed;
    6. (6) Prepare and distribute blank forms for all reports required by law or by the commissioner to be made by teachers, boards of education, directors of schools, county trustees and all other state, county and city officers;
    7. (7) Distribute in electronic format to the local boards of education, at the conclusion of each regular session of the general assembly, copies of newly enacted public chapters pertaining to public education;
    8. (8) Require all state and local public school officers and heads of state educational institutions under the department or the state board of education to submit detailed reports annually; and, in case of emergency, the commissioner may require special reports at any time of any officer connected with the public school system;
    9. (9) Appoint someone to make reports required to be made by the state or local public school officers and heads of state institutions named in this section when such officers fail to make full and accurate reports at the time designated, and to allow the appointee compensation not to exceed five dollars ($5.00) per day for the time actually employed in making the reports for the appointee's service, which shall be paid by the delinquent public school officer or the head of the state educational institution. Upon the refusal of the delinquent officer or head of the state educational institution to pay the compensation, the commissioner shall deduct that amount out of the state supplement to the delinquent officer's or head's salary or compensation and require the county trustee or other custodian of public school funds to withhold that amount out of any salary that may be due the delinquent officer;
    10. (10) Preserve in the commissioner's office all official documents and matters in relation to educational subjects that may come into it;
    11. (11) Report to the comptroller of the treasury, on July 1 of each year, the average daily attendance of the preceding year, as determined and taken from the daily attendance reports of the teachers and other officers of the various cities and counties, and on July 1 of odd years, biennially, the school census, as determined by the scholastic census enumeration;
    12. (12) Submit annually to the governor a detailed report of the commissioner's official acts for the year ending June 30 preceding, exhibiting a full statistical account of the receipts and disbursements of the public school funds, the condition and progress of the public schools and making recommendations for improvements of the public school system;
    13. (13) Prepare and furnish high school diplomas for graduates of senior, public high schools, approved by the state board of education;
    14. (14)
      1. (A) Whenever it appears to the commissioner from the report of any school official or from any other reliable source that any portion of the school fund has been lost, misappropriated or in any way illegally disposed of or not collected, or is in danger of loss, misappropriation, illegal disposition or failure of collection, the commissioner may call upon the district attorney general, the county mayor or the county attorney to protect, recover or force collection of the funds; provided, that the governor shall first give approval to such action. This subdivision (c)(14)(A), however, shall not prohibit suits by one political subdivision against another political subdivision in the same county, or against the county, when the consent of the commissioner and the governor has not been obtained. The commissioner, with the consent of the governor and with the approval of the attorney general and reporter, is authorized to employ private legal counsel in order to protect, recover or force collection of any school funds; and
      2. (B) The commissioner has authority to send a supervisor or supervisors, as provided for in this section, to any local school system to make investigation of public school accounts, records and files of any official handling the school funds or administering the public school system, and to enforce all school laws and regulations of the commissioner; provided, that the duty of the commissioner shall not be exercised until the local board of education has requested the investigation;
    15. (15) [Deleted by 2022 amendment.]
    16. (16) Prescribe regulations regarding the display of flags on public school buildings;
    17. (17) Require the heads of divisions under the commissioner's direction who handle state funds to give bonds sufficient to cover any liability to the state;
    18. (18) Inspect, approve, and classify private schools in accordance with the rules of the state board of education;
    19. (19)
      1. (A) Prepare and present to the state board of education for its approval, disapproval, or amendment rules that are necessary to implement the policies, standards, or guidelines of the state board or the education laws of the state;
      2. (B) In the absence of the state board, the commissioner shall have, if necessary, the emergency rulemaking authority provided for in the Uniform Administrative Procedures Act, compiled in title 4, chapter 5; and
      3. (C) The commissioner may prepare and promulgate, without board approval, rules that are solely necessary for the internal administrative operation and functions of the department and to implement the TISA in accordance with the Tennessee Investment in Student Achievement Act, compiled in chapter 3, part 1 of this title. With the exception of the rulemaking authority provided in the Tennessee Investment in Student Achievement Act, compiled in chapter 3, part 1 of this title, the department's authority to promulgate rules does not supersede the powers of the state board and may be used only in performance of the commissioner's administrative responsibilities;
    20. (20) Conduct, subject to approval of the state board of education, a program of public information concerning public schools, kindergarten through grade twelve (K-12);
    21. (21) Approve evaluation plans developed by LEAs;
    22. (22) Inspect and approve child care centers operated by church-related schools, as defined by § 49-50-801, in accordance with the same health, fire and safety standards as are used in inspecting and approving child care centers operated in public schools;
    23. (23) Authorize and administer a contract between the department of education and Miss Tennessee regarding safe and drug-free schools, subject to availability of federal funds that may be used for this purpose; and
    24. (24) Require each LEA's director of schools to submit to the department of education an annual personnel report.
  4. (d)
    1. (1) Upon application by the LEA for one (1) or more of its schools, the commissioner of education may waive any state board rule or statute that inhibits or hinders the LEA's ability to meet its goals or comply with its mission. However, the commissioner may not waive regulatory or statutory requirements related to:
      1. (A) Federal and state civil rights;
      2. (B) Federal, state and local health and safety;
      3. (C) Federal and state public records;
      4. (D) Immunizations;
      5. (E) Possession of weapons on school grounds;
      6. (F) Background checks and fingerprinting of personnel;
      7. (G) Federal and state special education services;
      8. (H) Student due process;
      9. (I) Parental rights;
      10. (J) Federal and state student assessment and accountability;
      11. (K) Open meetings;
      12. (L) Educators' due process rights;
      13. (M) Reductions in teachers' salaries;
      14. (N) Employee rights, salaries and benefits; and
      15. (O) Licensure of employees.
    2. (2) No provisions of subdivision (d)(1) shall be construed to impact memoranda of understanding under the Professional Educators Collaborative Conferencing Act of 2011, compiled in chapter 5, part 6 of this title.
  5. (e)
    1. (1) The commissioner of education, in collaboration with the state-level school safety team established under § 49-6-802, shall develop guidelines and training for all public school administrators and human resource personnel regarding the prevention of workplace violence. Such guidelines and training shall include outlines and related materials for use in the delivery of in-service training activities for teachers and other school personnel, and to further include materials and training or recognizing and responding to employee alcohol and substance abuse.
    2. (2) The commissioner is authorized to direct up to five percent (5%) of the funds appropriated for the Safe Schools Act of 1998, codified in § 49-6-4302(c), to the Tennessee school safety center for the development and delivery of training materials and guidelines as specified under § 49-6-4302(a).
§ 49-1-202. Divisions.
  1. (a) The department of education shall be organized in divisions that the commissioner, with the approval of the governor, finds necessary, except that there shall be a division of career and technical education, the head of which shall be an assistant commissioner. The assistant commissioner for career and technical education shall be responsible for the management of all career and technical education matters as governed by federal and state policies, guidelines, rules, and regulations.
  2. (b) All references to or duties or powers of the former division of vocational education or to the division of vocational-technical education shall be deemed to be references to or powers or duties of the division of career and technical education.
§ 49-1-203. Waiver of state board rules.
  1. (a) The commissioner of education is authorized to grant waivers to a school that does not comply with the rules and regulations of the state board of education only when officially requested by action of the local board of education.
  2. (b) Waivers may be granted for no more than two (2) years in succession for the same violation in the same school. The waiver may be extended for an additional period by the commissioner if, in the commissioner's judgment, additional time is required by the local board of education to secure the necessary funding for the removal of the condition that necessitated the waiver.
  3. (c) The department shall include on its website:
    1. (1) Any rules, regulations or policies of the state board that are waived by the local board of education within five (5) business days of the commissioner's approval; and
    2. (2) An explanation from the local board of education for the waiver.
§ 49-1-204. Driver education and training courses in public schools.
  1. (a) In order to expand driver education throughout the public schools of this state and to promote safety on the highways, the department of education is directed to promote and expand driver education and training courses throughout the public schools of this state. The courses shall include an area of instruction dealing with the effects of the consumption of alcoholic beverages on driving abilities.
  2. (b) To the amount apportioned to the department to promote and expand driver education throughout the public schools of this state and promote safety on the highways, pursuant to §§ 67-4-602 — 67-4-606, shall be added the annual appropriation of state funds for the driver education program. The funds appropriated to the department may be used for matching any federal funds that may become available for driver education under the Highway Safety Act of 1966, P.L. 89-564 (23 U.S.C. § 401 et seq.).
§ 49-1-205. Support and assistance for family life education.
  1. (a) The department of education shall develop a program of technical support and assistance for LEAs that initiates implementation of family life education in conformity with the guidelines established by the state board of education.
  2. (b) The program of technical support and assistance shall include:
    1. (1) Suggested methods for maintaining a high level of parental and community support for family life education;
    2. (2) Workshops, seminars or other training opportunities for family life instructors;
    3. (3) Assistance in selecting family life textbooks and resource materials most suitable for the special needs of the community that the LEA serves;
    4. (4) Recommended mechanisms for effectively monitoring and evaluating implementation of family life courses; and
    5. (5) Other similar services to assist the LEA.
  3. (c) The program of technical support and assistance developed pursuant to this section shall be provided upon request of an LEA.
§ 49-1-206. Preschool/parenting learning centers for teen parents.
  1. The departments of education and human services shall develop and implement statewide a joint program of technical assistance, consultative services, workshops, seminars, training opportunities and other appropriate methods of encouragement and support for any LEA that establishes, or that is considering establishment of, a public school based preschool/parenting learning center to provide child care and parenting training for teen parents who are enrolled as students and to reduce dropout rates among such parents. The joint program shall also provide assistance to any such agency in developing a transportation plan that will enable and encourage teen parents and their children to fully participate and benefit from the center. Additionally, the joint program shall provide assistance to any such agency in utilizing the center for parenting and child development course electives for students who are not parents, in order to instruct such students on the realities and difficulties associated with early parenthood. The departments shall jointly undertake continuing activities to inform and remind all LEAs of the program established pursuant to this section. To the extent that funding is available for such purpose as contained within the general appropriations act, other appropriate methods of encouragement and support may include state implementation grants awarded on a matching fund basis, the dollar amount of any state implementation grant to be determined by the department of education, acting in consultation with the department of human services.
§ 49-1-207. Innovative educational programs.
  1. (a) The commissioner of education may authorize up to twenty-four (24) school systems or any part thereof to operate as innovative educational programs that emphasize school-based decision making and the creation of small learning communities. Upon authorization of the local board of education, the director of schools on behalf of the school system or the principal on behalf of an individual public school may apply to the commissioner to operate the system or school in accordance with an alternative plan approved under this section by the commissioner. The principal may be authorized by the principal's performance contract to develop such a plan. Prior to application, the principal shall consult with the principal's faculty. Subject to the implementation and funding of the relevant federal program, additional individual schools that emphasize school-based decision making may be approved.
  2. (b) The schools and systems shall be distributed throughout the state and not concentrated in any grand division. The commissioner has the discretion to approve the entire alternative plan or any part of it.
  3. (c)
    1. (1) The commissioner, in the commissioner's discretion, is authorized to waive any rules and regulations necessary to accommodate the implementation of a local plan. In exercising such discretion, the commissioner shall consider whether the proposed waiver will improve the educational opportunities and performance of the subject students by the application of a nonconventional curriculum and operational methods in innovative school programs developed by the use of local initiative and decision making.
    2. (2) In these alternative programs, the commissioner may waive certain rules and regulations, including, but not limited to, regulations relative to reporting requirements and premium pay for educators, without giving rise to any contractual right to such pay.
    3. (3) The commissioner of education shall only be authorized to waive regulations relative to health and safety after consultation with either the commissioner of health or the state fire marshal, or both, as appropriate. The commissioner of health or the state fire marshal, as appropriate, must determine that the proposed waiver does not constitute a threat to the health and safety of students and staff and must notify the commissioner of education in writing of such determination.
  4. (d) No local plan approved by the commissioner of education shall reduce the level of state funding to an LEA under this title.
  5. (e) At any time before the end of an approved alternative plan, the school principal on behalf of the principal's school or the local board of education acting through the director of schools may elect to terminate the alternative program and to return to operation under all applicable rules and regulations. The principal or the director of schools shall provide thirty (30) days' notice to the commissioner of an intent to withdraw from the alternative program.
  6. (f) A local school board shall comply with the open meetings law, compiled in title 8, chapter 44, when it considers any alternative plan under this section.
  7. (g) A school operating an innovative education program in accordance with this section is not a charter school and cannot convert to a charter school after being authorized under this section to conduct an innovative education program.
§ 49-1-208. Form for student to report allergy.
  1. The department, in consultation with the department of health, shall develop a standardized form on which a student with an allergy may report the allergy to the school in which the student is enrolled. The department shall make the form available to all LEAs. An LEA shall require each school in the LEA to use the form to maintain a record of any student who has reported having an allergy.
§ 49-1-209. Management information system.
  1. The commissioner of education is authorized to prescribe a management information system through which local school systems maintain, record and report information to the department and information for internal school and system management. The system shall be established by the commissioner in accordance with the standards and policies and procedures established by the information system council.
§ 49-1-210. Standards of fiscal accountability.
  1. The commissioner shall recommend standards of fiscal accountability and soundness for local school systems to the state board of education, and the state board shall promulgate rules based on these standards to be used in evaluating the fiscal operations of local school systems.
§ 49-1-211. Annual report by commissioner.
  1. (a) The commissioner of education shall annually publish information on the department's website, including, but not limited to:
    1. (1) The results of state-conducted compliance and performance audits of LEAs;
    2. (2) Value-added assessment organized by grade band, school, and LEA;
    3. (3) School performance indicators including performance on the Tennessee comprehensive assessment program (TCAP), dropout rates, the number of waivers granted pursuant to § 49-1-201(d), local financial contribution to education, attendance rates, and other indicators of school performance adopted by the state board of education;
    4. (4) School and LEA performance designations pursuant to § 49-1-602;
    5. (5) A comparison of expenditures by category and program for each LEA with statewide averages;
    6. (6) Student dropout rates organized by school and LEA, disaggregated by sex and race;
    7. (7) Student suspension and expulsion rates organized by school and LEA, disaggregated by sex and race;
    8. (8) High school graduation rates organized by high school and LEA, disaggregated by sex and subgroup pursuant to applicable federal law. The high school graduation information must be placed on the annual state, LEA, and school-level report cards posted on the department's website;
    9. (9) Alternative school performance indicators as reported to the department by LEAs pursuant to § 49-6-3405;
    10. (10) A list of the advanced placement (AP) courses offered in each LEA and a list of the AP courses offered in each of the LEA's schools serving grades in which AP courses may be taken;
    11. (11) The number of students taking AP courses and the percentage of students scoring three (3) or above on AP exams organized by each school and LEA serving grades in which AP courses may be taken;
    12. (12) A list of the dual enrollment courses offered in each school and LEA and the number of dual enrollment courses taken by students enrolled in each of the LEA's schools serving grades in which dual enrollment courses may be taken;
    13. (13) The percentage of students successfully completing dual enrollment courses, which must be reported by the LEA and by the school serving grades in which dual enrollment courses may be taken;
    14. (14) ACT academic achievement data, including the number and percentage of students with a twenty-one (21) composite score or higher and the number and percentage of students meeting the college readiness benchmark in English, mathematics, reading, and science for each LEA and high school with at least ten (10) students taking the exam. The data shall not contain private or individual student information. The data must be included on the department's website; provided, that it is received by the department from ACT; and
    15. (15) SAT college-bound seniors district profile for each LEA with at least twenty-five (25) students taking the SAT. The data shall not contain private or individual student information. The data must be included on the department's website; provided, that it is received by the department from the college board.
  2. (b) TCAP scores reported pursuant to subdivision (a)(3), or otherwise, must be disaggregated by subgroup.
§ 49-1-212. Fiscal analysis required of any policy, rule, or regulation that will financially impact an LEA.
  1. (a) The state board of education shall establish guidelines whereby the department shall prepare a fiscal analysis of any policy, rule or regulation proposed to the state board by the department if such proposal will financially impact an LEA.
  2. (b) The analysis shall, if possible, include an estimate in dollars of the anticipated impact on expenditures or fiscal liability along with an explanation of the basis or reasoning on which the estimate is founded, including any assumptions involved.
§ 49-1-213. Technical assistance.
  1. Within available resources, the department may provide technical assistance to LEAs through the implementation of a trainer of trainers model. Each LEA may identify its own technical assistance persons from general and special education to serve local schools. Technical assistance persons would serve as trainers to the district's local technical assistance persons. Local technical assistance persons may then provide hands-on consultation in the classrooms and in school in-services related to the needs of children having behavioral or emotional disorders.
§ 49-1-214. Safe schools — Advisory guidelines.
  1. (a) The commissioner of education, in consultation with the commissioner of safety, shall develop advisory guidelines for LEAs to use in developing safe and secure learning environments in schools. Such guidelines shall emphasize consultation at the local level with appropriate law enforcement authorities.
  2. (b) The department of education may prepare and distribute to LEAs guidelines for incorporating into local staff development and in-service training the materials and speakers necessary to help educators reduce gang and individual violence, to assist in drug and alcohol abuse prevention and to provide educators with the tools for nonintrusive identification of potentially violent individuals in and around schools. The department may, upon request, assist LEAs in developing comprehensive violence, drug and alcohol abuse prevention in-service training programs. Department guidelines shall encourage the sharing of resources, the development of joint or collaborative programs and the coordination of efforts with local health departments, county and city law enforcement agencies and other public agencies providing health, drug, alcohol, gang violence prevention and other related services.
  3. (c) The department may assist LEAs in qualifying for the receipt of federal and state funds that may support local efforts to provide the in-service training programs in this section. The department shall encourage LEAs to provide written materials to assist teachers and parents working to develop a safe and secure learning environment in system schools. Within available resources, the department may provide technical assistance directly to LEAs seeking to expand teacher and student safety programs.
§ 49-1-215. Training for teachers relating to attention deficit disorder and hyperactivity.
  1. As part of the county institutes or educational meetings provided for in § 49-1-201(c)(4), the commissioner shall provide for multisensory interactive training for teachers to develop awareness and knowledge of students with attention deficit disorder (ADD) and hyperactivity, and how to identify and best deal with and instruct such students.
§ 49-1-216. Report on academic performance of historically underserved student groups.
  1. The commissioner shall annually monitor and report academic performance of historically underserved student groups. Historically underserved student group performance must be included in the accountability model established under part 6 of this chapter.
§ 49-1-217. State library coordinator.
  1. (a) The commissioner of education shall employ within the department a certified school librarian to serve as the Tennessee state library coordinator.
  2. (b) The Tennessee state library coordinator shall:
    1. (1) Assist school librarians in implementing the department's strategic plan and student literacy and digital citizenship initiatives;
    2. (2) Consult, guide, and train school librarians to strengthen school library programs for students in grades kindergarten through twelve (K-12);
    3. (3) Provide input on revisions to the school librarian evaluation model;
    4. (4) Work with the state library and archives to provide school libraries with equal access to high-quality educational reading materials and resources;
    5. (5) Support the department's work by promoting best practices among school librarians and technology coordinators; and
    6. (6) Develop and promote strategies for school librarians to partner with classroom instructors to support school and district-level instructional programs.
§ 49-1-218. Establishment of guidelines for release of education data for research purposes.
  1. The commissioner of education shall establish guidelines regarding the timely and responsible release of education data for research purposes.
§ 49-1-219. Advisory guidelines for reporting DUI-related deaths of minors.
  1. The commissioner of education, in consultation with the commissioner of safety, shall develop advisory guidelines for LEAs to use in developing an annual report to inform high school students of any death of a person eighteen (18) years of age or younger that resulted from a motor vehicle accident in which a driver eighteen (18) years of age or younger was driving under the influence of an intoxicant or drug. The guidelines shall emphasize consultation at the local level with appropriate authorities.
§ 49-1-220. Study of best practices — Study requirements — Resources to be used for study — Study report deadline.
  1. (a) The department of education shall conduct a study of best practices in other states for the use of ninth grade “on-track” indicators in state accountability systems to prevent students from dropping out of high school.
  2. (b) The study must include, but is not limited to, research into how states:
    1. (1) Define “on-track” high school success;
    2. (2) Develop specific indicators to identify students who are at risk of dropping out of high school, including, but not limited to:
      1. (A) Credit accumulation and course completion in the ninth grade;
      2. (B) Attendance patterns;
      3. (C) Failure of English language arts or mathematics courses;
      4. (D) Scoring below proficient on statewide assessments administered in English language arts or mathematics; and
      5. (E) Student suspensions and expulsions;
    3. (3) Develop and use statewide dropout early warning systems in the middle school and high school grades;
    4. (4) Utilize methods to publicly report relevant data regarding “on-track” high school success indicators and outcomes, including, but not limited to:
      1. (A) State report card systems;
      2. (B) Published reports; and
      3. (C) Disaggregation by student subgroups, such as economically disadvantaged students, rural students, racial and ethnic groups, students with disabilities, and English learners;
    5. (5) Set goals and monitor how many students remain “on track” in ninth grade in alignment with statewide graduation goals; and
    6. (6) Provide supports and guidance to schools and districts to improve and increase the number of ninth grade students who are “on track.”
  3. (c) The department shall conduct the study required in this section within the existing resources of the department.
  4. (d) The department shall, no later than January 31, 2024, submit a report of the outcomes of the study required in this section to the education committee of the senate and the education administration committee of the house of representatives, and shall publish the report on the department's website.
§ 49-1-221. Internet acceptable use policy — Requirements for provider of digital or online resources — Complaints.
  1. (a)
    1. (1) Each LEA shall adopt an internet acceptable use policy. At a minimum, the policy shall contain provisions that:
      1. (A) Are designed to prohibit certain inappropriate use by school district employees and students of the school district's computers via the internet;
      2. (B) Seek to prevent access by students to material that the school district deems to be harmful to juveniles;
      3. (C) Select technology for the LEA's computers having internet access that will:
        1. (i) Filter, block, or otherwise prevent access to pornography or obscenity through online resources; and
        2. (ii) Prohibit and prevent a user from sending, receiving, viewing, or downloading materials that are deemed to be harmful to minors, as defined in § 39-17-901;
      4. (D) Establish appropriate measures to be taken against persons who violate the policy;
      5. (E) Include a component on internet safety for students that is integrated in a school district's instructional program; and
      6. (F) Encourage communications with parents that raise awareness about internet safety using existing avenues of communication, such as parent-teacher conferences.
    2. (2) The policy may include such other terms, conditions and requirements as deemed appropriate, such as requiring written parental authorization for internet use by juveniles or differentiating acceptable uses among elementary, middle and high school students.
  2. (b) The director of schools shall take such steps as appropriate to implement and enforce the school district's policy.
  3. (c)
    1. (1) A provider of digital or online resources, with which an LEA or a state agency contracts for the provision of digital or online materials created and marketed for kindergarten through grade twelve (K-12) school use, shall:
      1. (A) Verify that the digital or online materials do not violate § 39-17-902;
      2. (B) Filter, block, or otherwise prevent access to pornography or obscenity through one's use of the digital or online materials;
      3. (C) Verify, in writing, that the provider's technology prevents a user from sending, receiving, viewing, or downloading materials that are harmful to minors, as defined in § 39-17-901; and
      4. (D) Remove, upon the contracting LEA's or state agency's request, access to digital or online materials for ages or audiences for which the contracting LEA or state agency has determined the material to be age- or audience-inappropriate. A provider must remove access to digital or online materials described in this subdivision (c)(1)(D) within one (1) business day of the provider's receipt of the contracting LEA's or state agency's request, unless the deadline for removal is extended by mutual consent of the contracting parties.
    2. (2) An LEA or a state agency that contracts for the provision of digital or online materials created and marketed for kindergarten through grade twelve (K-12) school use shall adopt and implement a policy that:
      1. (A) Allows a person to file a complaint with the respective LEA or state agency concerning an alleged violation of subdivision (c)(1); and
      2. (B) Requires the LEA or state agency to review a complaint as described in subdivision (c)(2)(A) to determine if action is necessary.
    3. (3) This subsection (c) does not apply to medical resources or archival collections.
§ 49-1-222. Certificate of licensure for educators.
  1. (a) The department of education shall design and adopt a certificate of licensure for issuance to educators who have met the requirements for licensure established by the state board of education.
  2. (b) A certificate of licensure must:
    1. (1) State the:
      1. (A) Full name of the educator;
      2. (B) Date on which the certificate of licensure was issued;
      3. (C) Date on which the certificate of licensure expires;
      4. (D) Type of license issued to the educator;
      5. (E) Educator's areas of endorsement;
      6. (F) Reference number for the certificate of licensure; and
      7. (G) Highest level of education attained by the educator as of the date on which the certificate of licensure was issued;
    2. (2) Bear the signature of the governor and of the commissioner, or the commissioner's designee, under the name and seal of the state of Tennessee;
    3. (3) State that the educator has met all of the requirements established by the state board of education and is authorized to serve in the public schools of Tennessee as indicated on the educator's certificate of licensure; and
    4. (4) Present the information required in subdivisions (b)(1)-(3) in a format suitable for framing by the educator.
  3. (c) The department shall provide an educator with a certificate of licensure printed on paper designed to demonstrate the significance of the educator's achievement upon the educator's request and upon the educator's payment of a fee, if any, prescribed by the commissioner to offset the cost of providing the printed certificate.
  4. (d) The department shall provide access through the department's online educator licensing portal for an educator to view and print a high-resolution color copy of the educator's certificate of licensure at no cost to the educator.
§ 49-1-223. Asthma — Development of comprehensive state plan — Report.
  1. The department of health, in consultation with the department of education and the bureau of TennCare, shall develop a comprehensive state plan to reduce the burden of asthma on school children in this state. The comprehensive plan shall, at a minimum:
    1. (1) Promote the development of school asthma action plans between LEAs and local health agencies. School asthma action plans shall include emergency protocols for medical emergencies due to asthma complications;
    2. (2) Encourage schools to have individual asthma action plans for students with asthma;
    3. (3) Encourage in-service training for teachers, and encourage athletic coaches and athletes to participate in the American Lung Association's asthma treatment training;
    4. (4) Encourage the development of education for local boards of education and the public concerning self-administration of asthma medications; and
    5. (5) Promote procedures to reduce exposure to smoke, allergens and other irritants in school buildings, on school grounds and at school events.
§ 49-1-224. Education Pays Act — Award of rewards — Funding.
  1. (a) As used in this section, “education pays reward” means a reward of cash or other thing of value given to either an individual student or the student's custodial parent or guardian, or both, in recognition of academic achievement.
  2. (b) Each LEA is encouraged to develop an education pays pilot program for at-risk students to encourage student academic achievement through the award of education pays rewards.
  3. (c) An education pays pilot program may be funded through private donations. Any LEA for which a private foundation or other organization expresses willingness to fund an education pays pilot program shall work with such organization in developing an education pays pilot program in order to encourage at-risk students to achieve greater academic success through participation in the program.
§ 49-1-225. School safety alert grant pilot program — Appropriations and awarding of funds — Report to general assembly.
  1. (a) As used in this section:
    1. (1) “Fund” means the school safety alert pilot grant fund for First Alert Systems, as created by this section; and
    2. (2) “Local education agency” or “LEA” means a county, city, or special school district, unified school district, or school district of a metropolitan government.
  2. (b) The department of education shall establish and administer a school safety alert grant pilot program. The purpose of the pilot program is to award school safety grants to LEAs, public charter schools, private schools, and church-related schools for the purchase of mobile panic alert systems described in § 49-6-804(a). The alert systems funded through the pilot program must be approved by the department of education, in consultation with the department of safety.
  3. (c) There is created a separate fund within the general fund to be known as the school safety alert grant pilot fund.
  4. (d)
    1. (1) Subject to appropriations and the availability of funds, the department shall allocate and disperse grants each fiscal year to LEAs, public charter schools, private schools, and church-related schools.
    2. (2) The grants must be awarded as follows:
      1. (A) The first grant must be awarded on a first-come, first-served basis to the first LEA or school that applies;
      2. (B) The second grant must be awarded on a first-come, first-served basis to an LEA or school that is located in a different grand division of this state than the recipient of the grant awarded under subdivision (d)(2)(A);
      3. (C) The third grant must be awarded on a first-come, first-served basis to an LEA or school that is located in a different grand division of this state than the recipients of the grants awarded under subdivisions (d)(2)(A) and (d)(2)(B); and
      4. (D) The fourth and any subsequent grants must be awarded on a first-come, first-served basis to an LEA or school that is located in a grand division of this state, following the order of awards as established under subdivisions (d)(2)(A)-(C).
    3. (3) A grant awarded under this section is limited to eight thousand dollars ($8,000) per school in a fiscal year. Subject to appropriation, two (2) schools from each grand division of the state must receive the grant funding.
  5. (e) The commissioner of education may promulgate rules to effectuate the purposes of this section in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
  6. (f) By July 1, 2025, and by each July 1 thereafter, the department shall prepare and submit to the general assembly a report detailing all funds received and payments made through the school safety alert grant pilot fund.
§ 49-1-226. Adoption of core standards in subjects beyond math and English language arts prohibited.
  1. The state shall not adopt common core state standards in any subject matter beyond math and English language arts.
§ 49-1-227. Compilation of list of laws related to rights of students, parents, or legal guardians — Posting of list on department website.
  1. (a) The department of education shall survey this title and other relevant acts of the general assembly to compile a list of all laws that are related to the rights of students and their parents or legal guardians. The department shall update the list annually within sixty (60) days after the adjournment of the general assembly.
  2. (b) The list shall be posted on the website of the department. Each LEA shall prominently display a link to the list on its website.
§ 49-1-228. School grading system — State report card — Implementation — Notice. [Effective when contingency is met. See the Compiler's Notes.]
  1. (a) The department of education shall develop a school grading system that annually assigns A, B, C, D, and F letter grades to schools based on:
    1. (1) Student performance on the Tennessee comprehensive assessment program (TCAP) tests or end-of-course exams;
    2. (2) Student growth as indicated by Tennessee Value-Added Assessment System (TVAAS) data or data from other measures of student growth; and
    3. (3) Other outcome indicators of student achievement that the department finds to be reliable measures of school performance.
  2. (b) The department of education shall include each school's A, B, C, D, or F grade on the state report card.
  3. (c) Implementation of the school grading system shall begin in the 2017-2018 school year; provided, however, prior to implementation, the state board shall review the grading scale developed by the department.
  4. (d) The department shall provide notice of the adopted grading scale to each LEA prior to the start of the 2017-2018 school year.
  5. (e) Notwithstanding subsection (a), student performance and student growth data from the TNReady assessments administered in the 2017-2018 school year shall not be used to assign a letter grade to a school pursuant to this section.
  6. (f) Notwithstanding subsections (a)-(c), student performance and student growth data from the Tennessee comprehensive assessment program (TCAP) tests, which include, but are not limited to, TNReady assessments, English learner assessments, alternate TCAP assessments, and end-of-course examinations, administered in the 2019-2020 school year shall not be used to assign a letter grade to a school, unless the use results in a higher letter grade for the school.
  7. (g)
    1. (1) If eighty percent (80%) or more of an LEA's or public charter school's students enrolled in grades three through twelve (3-12) participate in the Tennessee comprehensive assessment program (TCAP) tests administered in the 2020-2021 school year, then, notwithstanding subsections (a)-(c), student performance and student growth data generated from the TCAP tests administered in the 2020-2021 school year shall not be used to assign a letter grade to a school.
    2. (2) The commissioner of education may, at the commissioner's discretion, grant an LEA or public charter school a waiver from the eighty-percent-participation requirement in subdivision (g)(1).
  8. (h) The department shall not issue letter grades or any other summative ratings for schools eligible for the accountability protections in subdivision (g)(1) or schools that receive a waiver from the commissioner pursuant to subdivision (g)(2) in the state report card for the 2020-2021 school year; provided, that the department shall provide student performance and student growth data to LEAs, and as required by federal law.
  9. (i) Notwithstanding subsection (a), student achievement, student growth, or any other student data that serves as an indicator of performance for a student who enrolls in, or transfers to, a public school on or after December 31 must not be used to assign a letter grade to the receiving school for purposes of this section. The data described in this subsection (i) may be used to assign a letter grade to the school in which the student was enrolled prior to December 31 of the respective school year.
§ 49-1-229. Dyslexia screening procedures — School based problem solving team — Dyslexia advisory council.
  1. (a)
    1. (1) The department of education shall develop procedures for identifying characteristics of dyslexia through the universal screening process required by the existing RTI framework or other available means.
    2. (2) The dyslexia screening procedures shall include phonological and phonemic awareness, sound symbol recognition, alphabet knowledge, decoding skills, rapid naming, and encoding skills.
    3. (3) The dyslexia screening procedures shall be implemented by every LEA.
    4. (4) Dyslexia screening may be requested for any student by the student's parent or guardian, teacher, counselor, or school psychologist.
  2. (b) Following the universal screening procedures conducted by the LEA, the LEA shall convene a school-based problem solving team to analyze screening and progress monitoring data to assist teachers in planning and implementing appropriate instruction and evidence-based interventions for all students, including those students who exhibit the characteristics of dyslexia. Guidance may include suggestions of appropriate tiered interventions, dyslexia-specific interventions, academic accommodations as appropriate, and access to assistive technology.
  3. (c) If the dyslexia screening conducted by the LEA indicates that a student has characteristics of dyslexia, the LEA shall:
    1. (1) Notify the student's parent or legal guardian;
    2. (2) Provide the student's parent or legal guardian with information and resource material regarding dyslexia;
    3. (3) Provide the student with appropriate tiered dyslexia-specific intervention through its RTI framework; and
    4. (4) Monitor the student's progress using a tool designed to measure the effectiveness of the intervention.
  4. (d) The department shall provide appropriate professional development resources for educators in the area of identification of and intervention methods for students with dyslexia.
  5. (e)
    1. (1) There is created a dyslexia advisory council for the purpose of advising the department in matters relating to dyslexia. The council shall be composed of nine (9) members as follows:
      1. (A) The commissioner of education, or the commissioner's designee, who shall be an ex officio member of the council and serve as chair;
      2. (B) An education specialist from the department, appointed by the commissioner for a term of three (3) years;
      3. (C) A representative from a dyslexia advocacy group, appointed by the commissioner for a term of three (3) years;
      4. (D) A special education teacher with an understanding of dyslexia, appointed by the commissioner for a term of three (3) years;
      5. (E) An elementary school teacher, appointed by the commissioner for a term of three (3) years;
      6. (F) A middle school teacher, appointed by the commissioner for a term of three (3) years;
      7. (G) A high school teacher, appointed by the commissioner for a term of three (3) years;
      8. (H) A parent of a child with dyslexia, appointed by the commissioner for a term of three (3) years; and
      9. (I) A licensed speech pathologist, appointed by the commissioner for a term of three (3) years.
    2. (2) The terms of the council members shall commence July 1, 2016.
    3. (3) When a member of the council's term expires, the appointing authority who originally appointed that member shall appoint a successor to serve the same length of term as the departing member. A member may be appointed to successive terms.
    4. (4) If a seat on the council is vacated prior to the end of the member's term, the commissioner shall appoint a replacement to fill the vacant seat for the unfinished term.
    5. (5) The members of the council shall serve without compensation; provided, that members of the council shall be reimbursed for travel expenses in conformity with the comprehensive state travel regulations as promulgated by the commissioner of finance and administration and approved by the attorney general and reporter.
    6. (6)
      1. (A) The council shall annually submit a report to the education committee of the senate and the education instruction committee of the house of representatives.
      2. (B) The report required by subdivision (e)(6)(A) shall include:
        1. (i) The number of students screened and the number of students provided with dyslexia intervention services;
        2. (ii) Information about specific accommodations needed for students who are provided dyslexia intervention services taking the annual state mandated assessment or other state or LEA mandated assessments;
        3. (iii) Descriptions, from the LEAs that provided dyslexia intervention services, of the intervention services provided to students; and
        4. (iv) The TVAAS growth data, when available, for the students receiving dyslexia intervention services.
      3. (C) No information identifying individual students shall be included in the report.
    7. (7) The council shall meet at least quarterly. A quorum consists of a majority of the membership of the council.
  6. (f) As used in this section:
    1. (1) “Dyslexia-specific intervention” means evidence-based, specialized reading, writing, and spelling instruction that is multisensory in nature, equipping students to simultaneously use multiple senses, such as vision, hearing, touch, and movement. Dyslexia-specific intervention employs direct instruction of systematic and cumulative content, with the sequence beginning with the easiest and most basic elements and progress methodically to more difficult material. Each step must also be based on those already learned. Components of dyslexia-specific intervention include instruction targeting phonological awareness, sound symbol association, syllable structure, morphology, syntax, and semantics; and
    2. (2) “RTI” means Response to Instruction and Intervention, which is a framework designed to identify both struggling and advanced students in order to provide them with appropriate interventions in their specific areas of need. RTI relies on the premise of high-quality core instruction, data-based decision making, and research-based interventions aligned to students' needs.
§ 49-1-230. Development of training programs for adverse childhood experiences.
  1. (a) As used in this section, “adverse childhood experiences” or “ACEs” mean stressful or traumatic events experienced by a minor child. ACEs include, but are not limited to, a child witnessing, or being the victim of, physical abuse, sexual abuse, emotional abuse, physical neglect, emotional neglect, domestic violence, substance abuse, mental illness, parental separation or divorce, and incarceration.
  2. (b) The department of education shall develop an evidence-based training program on ACEs for school leaders and teachers. The training may be delivered through the trainer of trainers model under § 49-1-213, and shall include:
    1. (1) The effects of ACEs on a child's mental, physical, social, behavioral, emotional, and cognitive development;
    2. (2) ACEs as a risk factor for the development of substance abuse disorders and other at-risk health behaviors;
    3. (3) Trauma-informed principles and practices for classrooms; and
    4. (4) How early identification of children exposed to one (1) or more ACEs may improve educational outcomes.
  3. (c) An LEA may develop its own ACEs training program to make available to the LEA's school personnel.
§ 49-1-231. Student support collaborative.
  1. The department of education shall establish a student support collaborative to review and define the roles and responsibilities for school social workers, school counselors, school psychologists, and school nurses. The collaborative shall identify available resources and areas that school social workers, school counselors, school psychologists, and school nurses can collaborate on to provide high quality support to students. The collaborative shall include, at a minimum, representatives from the following organizations:
    1. (1) The department of education;
    2. (2) Local education agencies (LEAs);
    3. (3) The National Association of Social Workers, Tennessee Chapter;
    4. (4) The Tennessee Association of School Social Workers;
    5. (5) The Tennessee Association of School Counselors;
    6. (6) The Tennessee Association of School Nurses;
    7. (7) The Tennessee Association of School Psychologists; and
    8. (8) The Tennessee Commission on Children and Youth.
§ 49-1-232. Computer science courses — Professional development program in computer science education — Incentives — Computer science education network.
  1. To ensure that all students are fully prepared for the technological jobs of today and in the future, the department of education shall:
    1. (1) Provide, no later than the start of the 2023-2024 school year, computer science courses, including online options, in which public school students across the state may enroll at no charge to satisfy the requirements of § 49-6-1010, if the courses are approved by the state board of education;
    2. (2) Subject to available funding, provide, at no charge to educators, a professional development program in computer science education for educators that includes professional learning modules that provide educators with the opportunity to learn and demonstrate competency in computer science by earning a micro-credential pursuant to § 49-1-302(k)(2);
    3. (3) Subject to available funding, provide incentives for schools and educators to offer high-quality professional development opportunities in computer science education to educators, and to offer high-quality computer science education to students; and
    4. (4) Create a computer science education network that may be integrated into the science, technology, engineering, and mathematics (STEM) school designation and Tennessee STEM Innovation Network (TSIN) regional hubs.
§ 49-1-233. Mathematics support — K-8 teacher training.
    1. (a) By July 1, 2025, the department of education shall identify and approve at least one (1) standards-aligned professional development course on mathematics instruction skills that is available, at no cost, to teachers in kindergarten through grade eight (K-8). The department shall use the findings of the mathematics expert review committee convened pursuant to §  49-1-234(b), and the findings and conclusions of the landscape analysis required in §  49-1-234(a), to inform its approval of a professional development course for purposes of this subsection (a).
    2. (b) By August 1, 2025, the department shall revise the standards for high school students participating in a teaching-as-a-profession career pathway to include standards-aligned mathematics instruction skills in alignment with the professional development course on mathematics instruction skills identified and approved by the department pursuant to subsection (a). The department shall use the findings of the mathematics expert review committee convened pursuant to §  49-1-234(b), and the findings and conclusions of the landscape analysis required in §  49-1-234(a), to inform the standards, which must be approved by the state board of education.
§ 49-1-234. Landscape analysis of mathematics proficiency — Committee review — Report of findings.
  1. (a) The department of education shall conduct a landscape analysis of:
    1. (1) The current mathematics proficiency levels in this state disaggregated by LEA, grade levels, and student groups, including student achievement and student growth in mathematics;
    2. (2) LEAs with varying levels of mathematics proficiency, including an examination of instructional programming, as well as strategies to remediate, intervene, and provide supports to improve student proficiency in mathematics;
    3. (3) Professional development and pedagogical practices used by LEAs for teachers in mathematics;
    4. (4) The practices used by educator preparation providers in this state to prepare mathematics teachers for educator licensure; and
    5. (5) The benefits and potential outcomes of requiring teachers to successfully complete a standards-aligned mathematics professional development course to obtain, renew, advance, or maintain an educator license with an endorsement that qualifies the teacher to teach mathematics to students in kindergarten through grade eight (K-8).
  2. (b) The department shall convene a mathematics expert review committee comprised of mathematics educators in this state and mathematics experts in this state and nationwide to review and evaluate the mathematics professional development options available in this state to assist the department in identifying a professional development course on mathematics instruction skills suitable for approval pursuant to § 49-1-233(a). The committee shall report its findings to the department.
  3. (c) The department shall report the findings and conclusions of the landscape analysis required in subsection (a) and the findings of the mathematics expert review committee convened pursuant to subsection (b), along with any recommendations for legislation, to the education committees of the senate and house of representatives no later than January 31, 2025.
Part 3 State Board of Education
§ 49-1-301. Composition — Chair — Meetings.
  1. (a)
    1. (1) The state board of education shall be composed of nine (9) appointed members, one (1) public high school student member and one (1) ex officio member. One (1) appointed member shall be appointed from, and represent, each congressional district. The member shall reside within the congressional district from which the member is appointed as such district is apportioned at the time of the member's appointment. The position of any member shall become vacant when the member ceases to reside in such district. Appointments from reapportioned congressional districts shall be made as vacancies occur. No incumbent member shall be removed from the incumbent member's seat prior to the expiration of the incumbent member's current term as a result of changes in congressional districts occasioned by reapportionment. The position of any member shall become vacant when the member misses, without cause, more than two (2) consecutive meetings within any twelve-month period. Cause shall be determined by the board.
    2. (2) Beginning on July 1, 2022, as members' terms expire, successors shall be appointed for five-year terms. The terms for all members shall begin on April 1. Vacancies shall be filled for the remainder of the unexpired term. Except as provided in subdivision (a)(3)(B)(iv), board members may be reappointed. Each appointing authority shall appoint at least one (1) member from the minority party, as defined in § 2-1-104. In making appointments to the board, each appointing authority shall strive to ensure that at least one (1) person appointed to serve on the board is sixty (60) years of age or older and that at least one (1) person is a member of a minority race.
    3. (3)
      1. (A) Beginning on July 1, 2022:
        1. (i) The speaker of the senate shall appoint successors to the members representing the third, fourth, and seventh congressional districts as the members' terms expire or are otherwise vacated;
        2. (ii) The speaker of the house of representatives shall appoint successors to the members representing the second, sixth, and eighth congressional districts as the members' terms expire or are otherwise vacated; and
        3. (iii) The governor shall appoint:
          1. (a) Successors to the members representing the first, fifth, and ninth congressional districts as the members' terms expire or are otherwise vacated; and
          2. (b) The public high school student member.
      2. (B)
        1. (i)
          1. (a) All members appointed by the governor, except for the public high school student member, must be confirmed by joint resolution of the senate and house of representatives no later than ninety (90) calendar days after the general assembly next convenes in regular session following the appointment.
          2. (b) All members appointed by the speaker of the senate must be confirmed by resolution of the senate no later than ninety (90) calendar days after the general assembly next convenes in regular session following the appointment.
          3. (c) All members appointed by the speaker of the house of representatives must be confirmed by resolution of the house of representatives no later than ninety (90) calendar days after the general assembly next convenes in regular session following the appointment.
        2. (ii) If the appointment is not confirmed as provided in subdivision (a)(3)(B)(i), then the appointment terminates on the day immediately following the rejection of the appointment or on the day immediately following the ninetieth calendar day, whichever is earlier.
        3. (iii) If the general assembly is not in session when appointments subject to confirmation are made, then the appointee may begin serving the term for which the appointee was appointed and may continue to serve on the board unless the appointee's appointment is not confirmed during the next regular session of the general assembly in accordance with subdivision (a)(3)(B)(i).
        4. (iv) The public high school student member may immediately begin serving the term for which the student was appointed. The student member's appointment terminates at the end of the one-year term for which the student was appointed. If the student is a junior in high school at the time of the student's initial appointment to the board, then the governor may reappoint the student to serve one (1) additional one-year term on the board; provided, that the student is of superlative standing and a senior in a public high school of this state when reappointed.
    4. (4) No appointed member of the board shall be an elected official or employee of the federal, state or a local government. Beginning with appointments made on or after January 1, 2004, at least one (1), but not more than one (1), appointed member of the board shall be employed, at the time of the appointment, as a kindergarten through grade twelve (K-12) public school teacher.
    5. (5) The executive director of the Tennessee higher education commission, or the executive director's designee, is an ex officio, nonvoting member of the board.
    6. (6) The high school student shall be of superlative standing and shall serve for a one-year term in an ex officio capacity. The student member shall be appointed each year from nominees chosen by the local board of education in each school system at each board's discretion, with no more than one (1) student from each school system being nominated, and with the students having reached their junior or senior year in high school.
  2. (b) The chair of the board shall be elected by the members of the board for a term of two (2) years. A chair may be reelected. The chair of the board shall appoint the chair and members of any committee of board members.
  3. (c) Each member shall be reimbursed for travel expenses in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
  4. (d)
    1. (1) The board shall meet at least quarterly, with at least two (2) meetings held in Nashville. Other meetings may be held at the capital, or at such other location within the state as the board may determine.
    2. (2) The chair may call special meetings whenever necessary for the transaction of urgent business. The chair of the board shall notify each member of the board and the commissioner of education of any special meeting before the time fixed for the special meeting.
    3. (3) A majority of the board may petition the chair to call a special meeting in accordance with subdivision (d)(2).
    4. (4) Meetings of the board shall be made available for viewing by the public over the internet by streaming video accessible from the board's website. Archived videos of the board's meetings shall also be available to the public through the board's website.
  5. (e) For administrative purposes, the board shall be housed in the department of education, but this shall not allow the commissioner of education any administrative or supervisory authority over the board or its staff.
§ 49-1-302. Powers and duties of board — Confidentiality of records — Standards, policies, recommendations and actions subject to appropriations — Teacher evaluation advisory committee — Duty-free teacher time — Confidentiality and integrity of statewide tests — Ungraded and unstructured classes — Educator diversity — Uniform clothing — Standards for child care — Payment of career ladder supplements — Final disciplinary actions on educator licenses.
  1. (a) It is the duty of the board, and it has the power to:
    1. (1)
      1. (A) Study programs of instruction in public schools, kindergarten through grade twelve (K-12);
      2. (B) Analyze the needs of such public schools;
      3. (C) Study the use of public funds for such public schools;
      4. (D) Include the conclusions of the studies and analyses in its annual recommendations to the governor and general assembly for the funding of public education; and
      5. (E) Issue professional licenses upon the work done in standard teacher-training institutions, colleges and universities that shall be approved by the state board of education after inspection as may be provided by the board;
    2. (2) Set rules and policies for:
      1. (A) The completion of elementary, middle, junior high and senior high schools as structured in each school district;
      2. (B) Evaluating individual student progress and achievement;
      3. (C) Evaluating individual teachers; and
      4. (D) Measuring the educational achievement of individual schools;
    3. (3) Develop and maintain current a master plan for the development of public education, kindergarten through grade twelve (K-12), and provide recommendations to the executive branch, the general assembly and the local boards of education and directors of schools regarding the use of public funds for education;
    4. (4) [Deleted by 2022 amendment.]
    5. (5)
      1. (A) Adopt rules and policies governing:
        1. (i) The qualifications, requirements and standards of and provide the licenses and certificates for all public school teachers, principals, assistant principals, supervisors and directors of schools;
        2. (ii) Evaluation of teachers, principals, assistant principals, supervisors and directors of schools;
        3. (iii) Retraining and professional development; and
        4. (iv) Discipline of licensed personnel for misconduct by formal reprimand or by the suspension and revocation of licenses and certificates;
      2. (B) The board may adopt a policy establishing levels of compensation that are correlated to levels and standards of teacher competency approved by the board;
    6. (6) Set rules and policies for graduation requirements in kindergarten through grade twelve (K-12);
    7. (7) Set rules and policies for the review, approval or disapproval and classification of all public schools, kindergarten through grade twelve (K-12), or any combination of these grades;
    8. (8) Approve all academic standards and adopt rules and policies governing courses of study in the public schools;
    9. (9) Prescribe the use of textbooks and other instructional materials, based on recommendations of the state textbook and instructional materials quality commission, for the various subjects taught or used in conjunction with the public schools;
    10. (10) Approve, disapprove or amend rules to implement policies, standards or guidelines of the board in order to effectuate this section;
    11. (11) Determine the ways and means of improving teacher, student and school performances, and to set rules and policies to accomplish such improvements;
    12. (12) Prescribe rules and regulations to establish a program whereby a local school may withhold all grade cards, diplomas, certificates of progress or transcripts of a student who has incurred a debt to the school or a student who has taken property that belongs to a local school or any agency of the school until the student makes restitution to the school for the debt. The rules and regulations shall not permit the imposition of sanctions against a student who is without fault;
    13. (13)
      1. (A) Develop a professional credentialing program for school principals that includes professional training and testing components. LEAs shall have the option of participating in the program; provided, that all school principals employed for the first time by LEAs for the 1994-1995 school year shall have attended the program and shall have received the full credential offered through the program;
      2. (B) Persons having an endorsement in administration/supervision, supervisor of instruction or principal on August 31, 1994, shall maintain that credential and shall not be required to complete the professional credentialing program as provided in this subdivision (a)(13);
      3. (C) Any person who performs the duties of a supervisor of instruction, regardless of the title of the person's position, must have the credential required for a supervisor of instruction;
      4. (D) Persons having an endorsement as a supervisor of instruction on August 31, 1994, shall maintain the credential and shall not be required to complete the professional credentialing program as provided in this subdivision (a)(13);
    14. (14) Develop and adopt a uniform grading system to be implemented in all public schools in the state for purposes of calculating the cumulative grade point averages of students who are seeking financial academic assistance provided by the state. The state board may promulgate rules for the administration of this subdivision (a)(14);
    15. (15) Develop rules, policies, and guidelines for the establishment by LEAs of differentiated pay plans, including plans that offer bonuses, including performance bonuses, that are supplemental to the salary schedules required under § 49-3-306. The plans shall address additional pay for teaching subjects or teaching in schools for which LEAs have difficulty hiring and retaining highly qualified teachers; and
    16. (16) Develop guidelines for the use of LEAs to strengthen personal finance standards, based on recommendations by the financial literacy commission pursuant to § 49-6-1704, and require that certain financial literacy concepts are included as a part of the standards for social studies approved by the board.
  2. (b) All records, reports, studies, statistics and other information and materials of the department relative to the public school system shall be available upon request to the board and its executive director and other staff personnel, except such records as may be confidential by law.
  3. (c) Standards, policies, recommendations and actions of the board shall be subject in all cases to availability of funds as appropriated by law.
  4. (d)
    1. (1) There is hereby created the teacher evaluation advisory committee. The committee shall consist of fifteen (15) members. The commissioner of education, the executive director of the state board of education and the chairpersons of the education committees of the senate and the house of representatives shall be members. One (1) member shall be a kindergarten through grade twelve (K-12) public school teacher appointed by the speaker of the house of representatives and one (1) member shall be a kindergarten through grade twelve (K-12) public school teacher appointed by the speaker of the senate. The remaining nine (9) members shall be appointed by the governor and shall consist of three (3) public school teachers, two (2) public school principals, one (1) director of a school district and three (3) members representing other stakeholders' interests; provided, that at least one (1) member of the committee shall be a parent of a currently enrolled public school student. The membership of the committee shall appropriately reflect the racial and geographic diversity of this state. The commissioner of education shall serve as the chairperson of the committee. All appointments to the teacher evaluation advisory committee shall be made within thirty (30) days of January 16, 2010. If the commissioner of education who is initially appointed to the committee as chairperson ceases to be the commissioner of education because of resignation or retirement, then such former commissioner shall remain a member of the committee until the committee ceases to exist. The total number of members of the committee shall thereby be increased to sixteen (16).
    2. (2)
      1. (A) The committee shall develop and recommend to the board guidelines and criteria for the annual evaluation of all teachers and principals employed by LEAs, including a local level evaluation grievance procedure. This grievance procedure must provide a means for evaluated teachers and principals to challenge only the accuracy of the data used in the evaluation and the adherence to the evaluation policies adopted pursuant to this subdivision (d)(2). Following the development of these guidelines and criteria, the board shall adopt rules and policies. The evaluations must be a factor in employment decisions, including, but not necessarily limited to, promotion, retention, termination, compensation, and the attainment of tenure status; however, this subdivision (d)(2)(A) does not require an LEA to use student achievement data based on state assessments as the sole factor in employment decisions.
      2. (B)
        1. (i) Sixty percent (60%) of the evaluation criteria developed pursuant to this subdivision (d)(2) shall be comprised of student achievement data.
        2. (ii) Thirty-five percent (35%) of the evaluation criteria shall be student achievement data based on student growth data as represented by the Tennessee Value-Added Assessment System (TVAAS), developed pursuant to part 6 of this chapter, or some other comparable measure of student growth, if no such TVAAS data is available.
        3. (iii) Twenty-five percent (25%) shall be based on other measures of student achievement selected from a list of such measures developed by the teacher evaluation advisory committee and adopted by the board. For each evaluation, the teacher or principal being evaluated shall mutually agree with the person or persons responsible for conducting the evaluation on which such measures are employed. If the teacher or principal being evaluated and the person or persons responsible for conducting the evaluation do not agree on the measures that are to be used, the teacher or principal shall choose the evaluation measures. The evaluation measures shall be verified by the department of education to ensure that the evaluations correspond with the teaching assignment of each individual teacher and the duty assignments of each individual principal. Beginning with the 2022-2023 school year, LEAs and public charter schools may also allow teachers to use the results from benchmark assessments including state-adopted benchmark assessments or a universal screener approved by the state board of education as a measure of student achievement.
        4. (iv) Notwithstanding subdivisions (d)(2)(B)(ii) and (iii), if a teacher's or principal's student growth data, as described in subdivision (d)(2)(B)(ii), reflects attainment of an achievement level of “at expectations,” “above expectations,” or “significantly above expectations,” as provided in the evaluation guidelines and rules adopted by the board pursuant to this subdivision (d)(2), then the student growth data shall comprise the full sixty percent (60%) student achievement data portion of the teacher's or principal's evaluation required under subdivision (d)(2)(B)(i), if such use results in a higher final evaluation score for the teacher or principal.
        5. (v) Notwithstanding subdivision (d)(2)(B)(iv), if an individual teacher's student growth data, as described in subdivision (d)(2)(B)(ii), reflects attainment of an achievement level demonstrating an effectiveness level of “above expectations” or “significantly above expectations” as provided in the evaluation guidelines and rules adopted by the board pursuant to this subdivision (d)(2), then the student growth data may, at the discretion of the LEA or public charter school, and upon request of the teacher, comprise one hundred percent (100%) of the teacher's final evaluation score. If the LEA or public charter school chooses to implement this subdivision (d)(2)(B)(v), then it must do so for all teachers with individual growth data who request its implementation.
        6. (vi) A teacher's most recent year's student growth data, as described in subdivision (d)(2)(B)(ii), shall comprise the full thirty-five percent (35%) student growth portion of the teacher's evaluation required under subdivision (d)(2)(B)(ii), if such use results in a higher final evaluation score for the teacher.
        7. (vii) For teachers without access to individual growth data representative of student growth, as specified in subdivision (d)(2)(B)(ii), thirty percent (30%) of the evaluation criteria shall be comprised of student achievement data with fifteen percent (15%) of the evaluation criteria based on student growth as specified in subdivision (d)(2)(B)(ii) and represented by TVAAS evaluation composites.
        8. (viii) The board shall have the ultimate authority to determine, identify and adopt measures of student growth that are comparable to the TVAAS.
        9. (ix) By the 2019-2020 school year, in order to provide individual growth scores to teachers in non-tested grades and subjects, LEAs shall use at least one (1) appropriate alternative growth model that has been approved by the state board of education.
        10. (x) The department of education shall work to develop valid and reliable alternative student growth models for the grade levels and subjects that do not have models as of March 14, 2018.
        11. (xi) Beginning with the 2021-2022 school year, LEAs and public charter schools may authorize teachers in the non-tested grades pre-kindergarten through two (pre-K-2) to use the results of the Tennessee universal reading screener or a universal reading screener approved by the state board, as described in § 49-1-905(c), as an approved alternative growth model for purposes of § 49-6-105(e) and subdivision (d)(2)(B)(ix) to generate individual growth scores for teachers pursuant to the evaluation guidelines developed by the department. The department shall not base the Tennessee universal reading screener or a universal reading screener approved by the state board used to evaluate teachers pursuant to this subdivision (d)(2)(B)(xi) on the pre-k/kindergarten portfolio growth model.
        12. (xii) Notwithstanding this subsection (d) to the contrary, if a teacher, for the current evaluation year, does not have access to individual growth data representative of student growth, as specified in subdivision (d)(2)(B)(ii), due to changes in academic standards or assessment design requiring standards validation or standards setting in the teacher's content or subject area, then fifteen percent (15%) of the teacher's evaluation criteria must be comprised of student achievement data based on other measures of student achievement pursuant to subdivision (d)(2)(B)(iii) and eighty-five percent (85%) must be comprised of scores derived from the state board approved evaluation model for the qualitative portion of the teacher's evaluation unless using the evaluation criteria outlined in subdivision (d)(2)(B)(vii) results in a higher final evaluation score for the teacher.
      3. (C) Other mandatory criteria for the evaluations shall include, but not necessarily be limited to, the following:
        1. (i) Review of prior evaluations;
        2. (ii) Personal conferences to include discussion of strengths, weaknesses and remediation;
        3. (iii) Relative to teachers only, classroom or position observation followed by written assessment; and
        4. (iv) Relative to principals only, additional criteria pursuant to § 49-2-303(a)(1). Notwithstanding § 49-2-303(a)(1), student performance on assessments administered in the 2020-2021 school year to assess student readiness for postsecondary education, including, but not limited to, the ACT, must be excluded from the evaluation criteria required for school principals pursuant to this subdivision (d)(2)(C)(iv). This subdivision (d)(2)(C)(iv) does not prohibit a school principal from mutually agreeing with the person or persons responsible for conducting the school principal's evaluation to include student performance on postsecondary readiness assessments administered in the 2020-2021 school year in the school principal's evaluation criteria, if including student performance on the postsecondary readiness assessments results in a higher final evaluation score for the school principal.
      4. (D) No rules, policies, or guidelines shall be established that require the classroom or position observation results pursuant to subdivision (d)(2)(C) to be aligned with TVAAS data.
      5. (E) For the 2018-2019 and 2019-2020 school years, student growth evaluation composites generated by assessments administered in the 2017-2018 school year shall be excluded from the student growth measure of a teacher's evaluation, as specified in subdivision (d)(2)(B)(ii), if such exclusion results in a higher final evaluation score for the teacher.
      6. (F) Notwithstanding subdivisions (d)(2)(B)(ii) and (iii), for the 2019-2020, 2020-2021, and 2021-2022 school years, student growth evaluation composites generated by assessments administered in the 2019-2020 school year shall be excluded from the student growth measure of a teacher's evaluation, as specified in subdivision (d)(2)(B)(ii), unless including the composites results in a higher final evaluation score for the teacher.
      7. (G)
        1. (i) Notwithstanding subdivision (d)(2)(B)(ix), the state shall not require teachers in non-tested grades and subjects to be evaluated using an alternative growth model for the 2019-2020 or 2020-2021 school year.
        2. (ii) This subdivision (d)(2)(G) does not prohibit an LEA or public charter school from evaluating teachers in non-tested grades and subjects using an alternative growth model for the 2019-2020 or 2020-2021 school year. If an LEA or public charter school chooses to evaluate its teachers in non-tested grades and subjects using an alternative growth model for the 2020-2021 school year, then the LEA or public charter school must notify the department by March 1, 2021.
        3. (iii) If an LEA or public charter school chooses to evaluate its teachers in non-tested grades and subjects using an alternative growth model for the 2019-2020 or 2020-2021 school year, then data generated from the alternative growth model shall not comprise the student growth portion of a teacher's evaluation, as described in subdivision (d)(2)(B)(ii), unless such use results in a higher final evaluation score for the teacher.
      8. (H) Notwithstanding subdivisions (d)(2)(B)(ii) and (iii), for the 2020-2021, 2021-2022, and 2022-2023 school years, student growth evaluation composites generated by assessments administered in the 2020-2021 school year must be excluded from the student growth measure of a teacher's evaluation, as specified in subdivision (d)(2)(B)(ii), unless including the composites results in a higher final evaluation score for the teacher.
    3. (3) The policies adopted pursuant to subdivision (d)(2) shall be effective no later than July 1, 2011, in order to be implemented prior to the 2011-2012 academic year. Prior to the implementation of these policies, the existing guidelines and criteria for the evaluation of certificated persons employed by LEAs shall continue to be utilized.
    4. (4) The evaluation procedure created by this subsection (d) shall not apply to teachers who are employed under contracts of duration of one hundred twenty (120) days per school year or less or who are not employed full-time.
    5. (5) The committee shall be subject to the governmental entity review law, compiled in title 4, chapter 29, and shall terminate on July 1, 2011.
    6. (6) If an LEA determines that it is necessary to assign an individual to teach in an area for which the individual is not endorsed, any evaluation conducted for the course outside the area of endorsement shall relate only to the improvement of teaching skills and strategies and not a determination of competency. The board shall include as a part of its evaluation guidelines a specific reference to this use of its evaluation procedures.
    7. (7) Pursuant to state board of education rules and policies, an LEA may utilize either the state board adopted model plan for the qualitative portion of teacher evaluation or an evaluation model that has been proposed by the LEA and approved by the state board of education. Evaluation models approved by the state board of education may, with local board approval, be utilized in any LEA.
    8. (8) As used in this subsection (d), “final evaluation score” means an individual's level of overall effectiveness score.
  5. (e)
    1. (1) The board shall develop and adopt rules and regulations to achieve a duty-free lunch period for all teachers, kindergarten through grade twelve (K-12), of at least the length of the student lunch period, during which time the teacher has no other assigned responsibilities.
    2. (2) The board shall develop and adopt rules and regulations providing teachers in kindergarten through grade twelve (K-12) with individual duty-free planning periods during the established instructional day. At least two and one-half (2½) hours of individual planning time shall be provided each week during which teachers have no other assigned duties or responsibilities, other than planning for instruction. The two and one-half (2½) hours may be divided on a daily or other basis. Duty-free planning time shall not occur during any period that teachers are entitled to duty-free lunch. Any LEA that is providing a duty-free planning period by extending the school day by thirty (30) minutes as of the beginning of the 2000-2001 school year may continue that practice and satisfy the requirements of this section.
  6. (f) All statewide tests developed or provided by the department to measure individual student progress and achievement, all banks of questions, all field testing documents used as background for the development of the tests, and all answers shall be kept confidential when and for so long as is necessary to protect the integrity of the tests.
  7. (g) The commissioner shall recommend, and the board shall adopt, a policy to promote educator diversity. The policy must include:
    1. (1) Strategies for LEAs to use in the recruitment and retention of minority educators;
    2. (2) A requirement that each LEA set a goal for educator diversity that takes into consideration the diversity of the students that the LEA serves; and
    3. (3) A plan to monitor educator diversity in the state.
  8. (h) The board shall develop guidelines and criteria for local adoption and enforcement of uniform clothing for public school students. These guidelines and criteria shall require that uniform clothing be simple, appropriate, readily available and inexpensive. The board shall disseminate these guidelines and criteria to LEAs. These guidelines and criteria can be used as a tool for LEAs that may adopt uniform clothing policies. Adoption of uniform clothing policies shall be at the discretion of the local board of education.
  9. (i)
    1. (1) The board, through the state department of education, shall enforce standards for:
      1. (A) Care of children in any before or after school child care programs operated pursuant to § 49-2-203(b)(11);
      2. (B) Child care provided by church affiliated schools as defined by § 49-50-801;
      3. (C) Public school administered early childhood education programs;
      4. (D) Child care provided in federally regulated programs including Title I preschools, all school administered head start and even start programs;
      5. (E) State approved Montessori school programs;
      6. (F) Programs operated by private schools as defined by § 49-6-3001(c)(3); and
      7. (G) Child care provided in facilities licensed by the department of children's services pursuant to title 37, chapter 5, part 5, to children who are transported across state lines to enter the facility's care and whose transport across state lines is not subject to the Interstate Compact for Juveniles, compiled in title 37, chapter 4, part 1 or the Interstate Compact on the Placement of Children, compiled in title 37, chapter 4, part 2.
    2. (2)
      1. (A) The board shall promulgate regulations pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to establish standards for those programs described in subdivision (i)(1).
      2. (B) The regulations shall provide equivalent protection for the health, safety and welfare of children, and shall use the same criteria for development of such protection as are used by the department of human services and that are set forth in § 71-3-502(a)(3). Although the standards and regulations need not be identical in all respects, the standards and regulations shall parallel, in a substantial manner, the child care standards and regulations promulgated by the department of human services for child care agencies that the department of human services licenses.
    3. (3) Certificates of approval shall be issued pursuant to those regulations by the commissioner of education, pursuant to part 11 of this chapter, to those child care programs that meet the standards as adopted by the board.
    4. (4)
      1. (A) There is established a child care advisory council, which shall advise the state board of education regarding the establishment of child care standards and regulations for child care programs subject to the board's jurisdiction and to act as a hearing tribunal for appeals from actions of the state department of education regarding the certificate of approval issued to child care programs.
      2. (B)
        1. (i) The council shall consist of a director of a local school system, a representative of a private, church related school organization as defined in § 49-50-801, a representative from an institution of higher education with expertise in early childhood development, a parent of a child in a child care program, a coordinator of child care programs, a representative of the department of education, a representative from the child care services staff of the department of human services as designated by the state board of education, and four (4) other members as may be designated by the board of education. The council shall fairly represent the racial and ethnic composition of the state. Members shall serve until replaced by the board. The representative of the department of education shall serve as chair of the council until the council elects a chair. The chair shall sign the orders of the council regarding certificate actions taken by the council.
        2. (ii) The council shall elect a vice chair who shall serve in the absence of the chair. If the chair resigns, is unable to perform the duties of the chair, is removed or the chair's term on the council expires, the chair of the state board of education shall appoint a new chair until the board can elect a chair. The vice chair shall have authority to sign all orders of the council in the absence of the chair and for actions of the panels under subdivision (i)(4)(E)(iii).
      3. (C) The members of the council shall serve without reimbursement except for their travel expenses as may be established by state travel regulations.
      4. (D) The council shall act as an advisory council to the state board of education regarding the development of child care standards for child care programs subject to the board's jurisdiction and shall review the standards on a formal basis at least every four (4) years, but may be requested more frequently by the board to conduct such further reviews as may be necessary or to otherwise provide periodic advice to the board regarding child care programs subject to the board's jurisdiction.
      5. (E)
        1. (i) The council shall act as a hearing tribunal for all actions of the department of education regarding the denial or revocation of a certificate of approval for the operation of a child care program under the jurisdiction of the state board of education; provided, that the council shall not hear issues regarding the summary suspension of a certificate of approval, which shall be heard by a department hearing officer.
        2. (ii) For purposes of acting as a hearing tribunal, a quorum for the hearing shall consist of a majority of the members of the council.
        3. (iii) In order to complete the work of the council, the chair may appoint one (1) or more panels of the council with a quorum of five (5) members, at least one (1) of whom shall be randomly selected at-large members selected by the chair. The chair of the council shall appoint the chair of the panel. The panel shall have complete authority to hear any case under the council's jurisdiction and shall have complete authority to enter any necessary orders concerning certificate actions conducted before the council. Any orders of the panel shall be signed by the chair of the panel or by the council chair or vice chair.
      6. (F) Rules for its operation as a hearing tribunal shall be adopted by the state board of education in accordance with the Uniform Administrative Procedures Act.
      7. (G) An existing member of the professional staff of the department of education shall serve as recording secretary of the council and shall assist in the arrangement of meetings of the council and the setting and processing of appeal hearings regarding certificates of approval for child care programs.
    5. (5) The board, through the state department of education, shall ensure that educational services provided in facilities as described in subdivision (i)(1)(G) meet all attendance and academic requirements applicable to children enrolled in a public school serving any of the grades kindergarten through twelve (K-12), as provided in this title and pursuant to applicable rules promulgated pursuant to this title.
  10. (j) The board shall develop guidelines, criteria and administrative rules as necessary to assure the payment of career ladder supplements to eligible recipients so long as they remain in positions in the public schools that qualify for such supplements. The board shall notify the commissioner of finance and administration at such time as the last eligible recipient separates from service to a local board of education. At the time of the notice to the commissioner of finance and administration, all rules, regulations and policies pertaining to the career ladder program shall become void and of no effect.
  11. (k)
    1. (1) The department shall develop and submit to the state board of education for approval an endorsement in computer science for individuals enrolled in a state board approved educator preparation program who demonstrate sufficient content knowledge in the course material.
    2. (2) The department shall develop and submit to the state board for approval an additional endorsement pathway to provide educators with the opportunity to demonstrate competency in computer science education by earning a micro-credential that results in an additional license endorsement for computer science. As used in this subdivision (k)(2), “micro-credential” means a competency-based recognition of demonstrated mastery by grade band.
  12. (l) The state board of education shall develop policies concerning the transmittal of final disciplinary actions taken by the board on educator licenses to the national clearinghouse administered by the National Association of State Directors of Teacher Education and Certification (NASDTEC).
  13. (m) The state board of education shall post on its website all final disciplinary actions taken by the board on educator licenses. No final disciplinary action shall be removed from the state board's website except for actions in which the state board or a court of competent jurisdiction determines a mistake has been made.
§ 49-1-304. Acquisition of federal surplus property.
  1. (a) The state board of education is authorized to cooperate with the federal government in the transfer of government surplus property, to any and all eligible departments and agencies of the state and local government, and to any and all other agencies eligible to receive surplus property under Public Law 152, 81st Congress (Act June 30, 1949, ch. 288, 63 Stat. 377) (40 U.S.C. § 1301 et seq.), and any and all other statutory laws now in effect or that may be enacted by the congress of the United States covering the disposal of United States government surplus property.
  2. (b) The state board is authorized to take any and all action necessary for the proper administration of the surplus property program in the acquisition of and the distribution of government surplus properties to eligible claimants in this state, in accordance with the appropriate controlling federal statutes and regulations.
  3. (c) The state board is authorized to collect fees for the transfer of such properties in an amount necessary for the reimbursement of freight, handling and warehousing.
§ 49-1-305. Executive director — Staff.
  1. (a) The state board of education is authorized to employ an executive director and other personnel it determines are necessary to provide it with staff support. The staff shall provide the necessary services to the board for the board to perform its duties. The executive director shall be hired by the board. Other staff personnel shall be hired by the executive director with the approval of the board. The position of executive director cannot be filled by an employee or official of any other department, agency or board, but must be responsible solely to the state board. The staff will be independent of all agencies or departments of state government and shall be subject only to the state board. For administrative purposes, however, the executive director and staff shall be administratively housed in the department of education. The executive director and staff shall have no responsibility for administering policies, rules or regulations, or the education laws of the state.
  2. (b) The state board's staff is subject to personnel rules and policies that are applicable to state employees in general, including leave, compensation, classification, and travel rules and policies. The state board controls the work of the executive director and may terminate the executive director's employment. The state board and the executive director, in accordance with subsection (a), have the sole authority to appoint, terminate, and control staff employees. The board's employees do not have preferred service status.
  3. (c) The compensation of the executive director shall be fixed by the state board and the compensation shall not be less than the compensation provided for an assistant commissioner in the department of education. The compensation of other employees of the board shall be set by the executive director with the approval of the state board.
  4. (d) The executive director, or the executive director's designee, is an ex officio, nonvoting member of the Tennessee higher education commission.
§ 49-1-306. Goals.
  1. It is the legislative intent that the state board of education develop measurable goals or benchmarks, or both, and submit the goals or benchmarks to the education committee of the senate and the education committees of the house of representatives.
§ 49-1-307. Academic standards for computer science education.
  1. The department of education shall recommend academic standards for computer science education to the state board of education for adoption. The state board shall adopt academic standards for computer science education, which must be included in the computer science curriculum for students in grades kindergarten through twelve (K-12). The standards adopted by the state board must be available for implementation beginning with the 2023-2024 school year; however, schools shall not be required to implement the computer science standards until the 2024-2025 school year.
§ 49-1-308. Inclusion of events of Civil Rights Movement in academic standards in subject of social studies.
  1. Beginning with the next adoption of academic standards in the subject of social studies, the standards recommendation committee shall include events of the Civil Rights Movement during the period from 1954 to 1968 in the committee's final recommendation of academic standards in the subject of social studies for students in grades nine through twelve (9-12), including:
    1. (1) Jim Crow-era laws, including laws that embodied the “separate but equal” doctrine;
    2. (2) The leadership, tactics, and strategies of nonviolent resistance to Jim Crow-era laws used by Dr. Martin Luther King, Jr.;
    3. (3) The principles of natural rights and natural law that informed the leadership of Dr. Martin Luther King, Jr.;
    4. (4) Civil Rights Acts of 1866, 1957, 1960, and 1964; and
    5. (5) The Voting Rights Act of 1965.
§ 49-1-309. No educational standards to be imposed by federal government — Adoption of state educational standards — Joining testing consortium — Use of collected data.
  1. (a) No educational standards shall be imposed on the state by the federal government. Any adoption of educational standards for the public schools of the state shall be done freely by the state board of education which, except as provided in subsection (b), may change, adjust or recede from a standard at any time.
  2. (b) A proposed change or addition to an educational standard, including, but not limited to, the Next Generation Science Standards, the National Curriculum Standards for Social Studies, the National Health Education Standards, or the National Sexuality Education Standards shall be posted for public review on the state board's website and submitted to the education committee of the senate and the education instruction committee of the house of representatives at least sixty (60) days before the state board meeting during which the final adoption of the proposed standard is to be considered. The state board may vote on adoption of standards or proposed changes or additions only at a public meeting at which a quorum is in attendance.
  3. (c) The state board shall not join a testing consortium inclusive of multiple states that requires the adoption of common standards in social studies or science subjects, unless the board provides at least sixty (60) days notice to the education committee of the senate and the education instruction committee of the house of representatives and posts such notice on its website at least sixty (60) days before officially joining any such consortium.
  4. (d) Data collected from the use of or testing under educational standards adopted by the state board shall be used for the sole purpose of tracking the academic prowess and needs of students.
§ 49-1-310. Implementation of process to review and replace Common Core State Standards — Cancellation of memorandum of understanding.
  1. (a) The state board of education shall implement a process whereby the set of standards known as the Common Core State Standards adopted in 2010 will be reviewed and shall be replaced with new sets of standards adopted to fit the needs of Tennessee students. These postsecondary-and-workforce-ready standards shall be adopted through an open, transparent process that allows all Tennesseans an opportunity to participate. These standards shall be adopted and fully implemented in Tennessee public schools in the 2017-2018 school year.
  2. (b) The state board of education or the department of education shall cancel any memorandum of understanding concerning the Common Core State Standards entered into with the National Governor's Association and the Council of Chief State School Officers.
§ 49-1-311. Appointment of standards review and development committees and advisory teams — Website for public comment — Recommendations.
  1. (a) As required by the current established process:
    1. (1) The state board shall appoint two (2) standards review and development committees. One (1) committee shall be an English language arts standards review and development committee, and one (1) committee shall be a mathematics standards review and development committee. Each committee shall be composed of two (2) representatives from institutions of higher education located in the state and six (6) educators who reside in the state and work in grades kindergarten through twelve (K-12);
    2. (2) The state board shall also appoint six (6) advisory teams. Three (3) advisory teams shall advise and assist the English language arts standards review and development committee, and three (3) advisory teams shall advise and assist the mathematics standards review and development committee. The advisory teams shall be structured by grade levels, so that one (1) advisory team reviews standards for kindergarten through grade five (K-5), one (1) for grades six through eight (6-8), and one (1) for grades nine through twelve (9-12) in each subject. Each advisory team shall be composed of one (1) representative from an institution of higher education located in the state and six (6) educators who reside in the state and work in the appropriate grade levels and subject;
    3. (3) The public's assistance in reviewing the current standards and suggesting changes to the current standards shall be elicited through a website that shall allow comment by the public, as well as by educators, on the current standards. A third-party, independent educational resource, selected by the state board, shall collect all of the data and transmit all of the information gathered to the state board for dissemination to the appropriate advisory team for review and consideration;
    4. (4) Each advisory team shall review the current standards for its subject matter and grade level together with the comments and suggestions gathered from the public and educators. After an advisory team has conducted its review, the team shall make recommendations for changes to the current standards to the appropriate standards review and development committee; and
    5. (5) Each standards review and development committee shall review its advisory teams' reports and make recommendations for the new set of standards to the standards recommendation committee created in §  49-1-312(a).
  2. (b)
    1. (1) Beginning in 2018, the state board shall ensure that the standards review and development committees and advisory teams review the standards for English language arts, mathematics, science, and social studies pursuant to §§ 49-1-311 — 49-1-313 at least once every eight (8) years from the last adoption. The standards review and development committees and advisory teams shall make recommendations for adoption of new standards in these subject areas to the state board, and the state board shall vote on whether to adopt the recommended standards.
    2. (2) Notwithstanding subdivision (b)(1), the state board may extend the eight-year period required for the standards review and development committees and advisory teams to review the standards for English language arts and mathematics under subdivision (b)(1) one (1) time for a period not to exceed three (3) years.
  3. (c) Any unexpended funds appropriated for the purposes of this section shall not revert to the general fund, but shall be carried forward into the subsequent fiscal year to effectuate the purposes of this section.
§ 49-1-312. Standards recommendation committee — English language arts and mathematics — Confirmation of appointments.
  1. (a) There is created a standards recommendation committee. The committee shall be composed of ten (10) members. The governor shall appoint four (4) members, the speaker of the senate shall appoint three (3) members, and the speaker of the house of representatives shall appoint three (3) members. The standards recommendation committee shall review and evaluate the recommendations of the two (2) standards review and development committees and post the recommendations to the website created pursuant to § 49-1-311(a)(3) for the purpose of gathering additional feedback from the public.
  2. (b) Gubernatorial appointments made pursuant to subsection (a) for the standards recommendation committee shall be subject to confirmation by the senate and the house of representatives, but appointments shall be effective until adversely acted upon by the senate and the house of representatives.
  3. (c)
    1. (1) The standards recommendation committee shall make the final recommendations as to the new set of standards for English language arts and mathematics to the state board of education.
    2. (2) The state board of education may adopt, reject, or make technical nonsubstantive revisions to the standards recommended by the committee, but the state board of education shall adopt a set of standards in English language arts and mathematics that fit the needs of Tennessee students in kindergarten through grade twelve (K-12).
§ 49-1-313. Standards recommendation committee — Science and social studies.
  1. (a) Prior to the next adoption of academic standards in the subjects of science and social studies, the state board of education shall establish a process whereby the board shall receive recommendations from a standards recommendation committee appointed in the same manner as the standards recommendation committee created in § 49-1-312.
  2. (b)
    1. (1) The standards recommendation committee shall make the final recommendations as to the new set of standards for science and social studies to the state board of education.
    2. (2) The state board of education may adopt, reject, or make technical nonsubstantive revisions to the standards recommended by the committee, but the state board of education shall adopt a set of standards in science and social studies that fit the needs of Tennessee students in kindergarten through grade twelve (K-12).
§ 49-1-314. Responsibility of LEAs in developing instructional programs under state standards.
  1. Each LEA shall be responsible for developing and implementing the instructional programs under the state standards adopted by the state board that best fit its students' educational needs, that achieve levels of proficiency or advanced mastery, and that vigorously promote individual teacher creativity and autonomy.
Part 4 Tennessee Drug Abuse Resistance Education Act of 1989
§ 49-1-401. Short title.
  1. This part shall be known and may be cited as the “Tennessee Drug Abuse Resistance Education (DARE) Act of 1989.”
§ 49-1-402. Implementation of program — Methods and materials.
  1. (a) The state board of education, in conjunction with the department of safety, may implement the curriculum for a statewide drug abuse resistance education (DARE) program to be taught by qualified and trained law enforcement officers in local schools within the state.
  2. (b) The state board and the department may consider and adopt training methods and materials developed for the DARE America program or a comparable program approved by the department.
  3. (c) The state board shall strive to see that the hazards of nicotine abuse are included in the drug-free alliance program. The state board shall encourage the use of culturally relevant educational methods and materials in the drug-free alliance program to inform persons of the hazards of nicotine abuse.
§ 49-1-403. Training of law enforcement officers.
  1. (a) The department of safety shall adopt standards and qualifications, in accordance with the requirements of the DARE America program, of law enforcement officers who apply for training as instructors in the DARE program.
  2. (b) The department shall also provide for the training of law officers as DARE instructors. The department may contract with agencies of other states for the training of law enforcement officers as DARE instructors.
§ 49-1-404. State board of education — Powers.
  1. The state board of education may:
    1. (1) Provide for appropriate DARE training for students before entering middle school. The training may be conducted at the sixth grade level or at such other time as is necessary for students to receive training before entering middle school;
    2. (2) Approve the usage of textbooks and other educational materials to be used by students enrolled in DARE courses; and
    3. (3) Authorize LEAs to include DARE curricula among the courses offered within area schools.
§ 49-1-405. Similar and comparable programs.
  1. This part shall not supersede or disallow any similar and comparable programs already in place; provided, that nothing in this part shall prevent the similar and comparable programs from participating in the funding of the DARE program in the manner provided for within this part.
§ 49-1-406. Use of funds.
  1. Notwithstanding any provision of this part or any other law to the contrary, any LEA may use any funds received under the “Drug Free Tennessee” program in a sum sufficient to implement the drug abuse resistance program developed and established by this part.
§ 49-1-407. Duties of department of safety — Drug abuse programs.
  1. It is the responsibility of the department of safety to:
    1. (1) Periodically check persons serving as DARE instructors to ensure that they have been properly trained to do so in accordance with the standards and qualifications adopted by the department or with comparable standards; and
    2. (2) Monitor the content of the drug abuse resistance material currently being taught students to ensure that it is compatible with or comparable to the curriculum adopted and implemented by the state board of education for DARE program instruction.
§ 49-1-408. Statewide DARE club established — Purpose.
  1. (a) The state board of education, in consultation with the commissioner of safety, shall establish a statewide DARE club in which any student in grades six through twelve (6-12) may join and participate. Each LEA, middle school, junior high school or high school desiring to do so may form a chapter of the statewide DARE club.
  2. (b) The primary purpose of the DARE club shall be to continue and reinforce the drug abuse resistance education the students may have received in kindergarten through grade six (K-6).
  3. (c) The state board may pattern the organization, rules, bylaws and similar procedural requirements of the club after other successful statewide clubs, such as Future Farmers of America, Future Homemakers of America and 4-H clubs.
Part 6 Performance Goals and Assessment
§ 49-1-601. Assignment of student for purpose of calculating graduation rate.
    1. (a) A student who has not attended the same high school within an LEA for at least sixty (60) school days of the most recent school year of enrollment and who has exited high school without a regular high school diploma and without transferring to another high school that grants a regular diploma may, for the purpose of calculating graduation rate, be assigned to the high school at which the student was enrolled for the greatest proportion of school days while enrolled in grades nine through twelve (9-12) pursuant to procedures developed by the department.
    2. (b) Students that earn an alternate academic diploma pursuant to § 49-6-6001, shall be included in the four-year adjusted cohort graduation rate pursuant to procedures developed by the department.
§ 49-1-602. Performance designations for LEAs based on performance goals and measures. [Effective when contingency is met. See the Compiler's Notes.]
  1. (a)
    1. (1) The state board of education, in consultation with the commissioner of education, shall establish appropriate performance goals and measures for schools and local education agencies (LEAs). The performance goals and measures shall include, at a minimum, student achievement, student growth, and other appropriate indicators of performance.
    2. (2) Each year, the department of education shall recommend and the state board shall approve performance designations for LEAs based on the established performance goals and measures. If an LEA receives the highest performance determination in the accountability model as approved by the state board, it shall:
      1. (A) Be identified by the department on a public list of LEAs earning the highest accountability determination; and
      2. (B) When permissible by law, rule or regulation, be granted increased latitude in funding flexibility by the department.
    3. (3) If an LEA receives the lowest performance determination in the accountability model as approved by the state board, the LEA shall be subject to the following:
      1. (A) Placement on a public list of LEAs earning the lowest accountability determination; and
      2. (B) Creation of an aggressive plan for corrective action that includes a detailed analysis of its student achievement results, and submission of such plan to the commissioner for approval.
    4. (4) Notwithstanding any provision of this part to the contrary, student performance and student growth data from the TNReady assessments administered in the 2017-2018 school year shall not be used to identify a school as a priority school or to assign a school to the achievement school district.
    5. (5) Notwithstanding any provision of this part to the contrary, student performance and student growth data from Tennessee comprehensive assessment program (TCAP) tests, which include, but are not limited to, TNReady assessments, English learner assessments, alternate TCAP assessments, and end-of-course examinations, administered in the 2019-2020 school year shall not be used to identify a school as a priority school or to assign a school to the achievement school district.
    6. (6)
      1. (A) If eighty percent (80%) or more of an LEA's or public charter school's students enrolled in grades three through twelve (3-12) participate in the Tennessee comprehensive assessment program (TCAP) tests administered in the 2020-2021 school year, then, notwithstanding any provision of this part to the contrary, student performance and student growth data from TCAP tests administered in the 2020-2021 school year shall not be used to identify a school as a priority school or to assign a school to the achievement school district.
      2. (B) The commissioner of education may, at the commissioner's discretion, grant an LEA or public charter school a waiver from the eighty-percent-participation requirement in subdivision (a)(6)(A).
      3. (C) This subdivision (a)(6) does not prohibit the use of student performance and student growth data from TCAP tests administered in the 2020-2021 school year from being used to determine priority exit status for schools identified as priority schools pursuant to subsection (b).
  2. (b)
    1. (1) By September 1, 2012, and at a minimum every three (3) years thereafter, based on an evaluation of all schools' performance data, the commissioner of education shall recommend for approval to the state board a listing of all schools to be placed in priority, focus or reward status pursuant to the rules, regulations and performance standards of the state board. Once approved by the state board, priority, focus and reward schools shall be publicly identified by the commissioner.
    2. (2) Schools identified as priority schools shall include the bottom five percent (5%) of schools in performance, all public high schools failing to graduate one-third (⅓) or more of their students, and schools with chronically low-performing subgroups that have not improved after receiving additional targeted support, pursuant to applicable laws, rules, and regulations. Priority schools shall be subject to one (1) of the following interventions as determined by the commissioner:
      1. (A) Turnaround through an LEA-led intervention or other school improvement process, subject to approval by the commissioner;
      2. (B) School turnaround under the governance of an LEA innovation zone pursuant to subsection (c); or
      3. (C) Placement in the achievement school district as defined in § 49-1-614; provided, however, that no school identified as a priority school shall be placed in the achievement school district if, after the school is identified as a priority school, but before the commissioner determines that the school should be assigned to the achievement school district, the school demonstrates student achievement growth at a level of “above expectations” or greater, as represented by the Tennessee Value-Added Assessment System (TVAAS) developed pursuant to this part.
    3. (3) By October 1 of the year prior to the public identification of priority schools pursuant to subdivision (b)(1), the commissioner shall notify any school and its respective LEA if the school is among the bottom ten percent (10%) of schools in overall achievement as determined by the performance standards and other criteria set by the state board.
    4. (4) An LEA with a school or schools identified as focus schools shall submit a plan to the commissioner, subject to the commissioner's approval, outlining how the LEA shall address the factors leading the school or schools to be placed in focus status.
    5. (5) Reward schools shall be recognized by the department for outstanding achievement or progress and provided opportunities to serve as strategic partners with the department to raise student achievement levels throughout the state by analyzing and sharing best practices.
    6. (6) Upon receiving notice that a school has been identified as a priority school, the LEA or authorizing entity shall, for each school identified, develop and implement a comprehensive support and improvement plan for the school to improve student outcomes. The comprehensive support and improvement plan shall at a minimum:
      1. (A) Be based on a school-level needs assessment;
      2. (B) Include evidence-based interventions;
      3. (C) Include a plan for notifying the parents of each student enrolled in the school of its priority status and a plan for stakeholder engagement;
      4. (D) Include a review of LEA and school-level resources;
      5. (E) Be developed by the school and LEA and approved by the commissioner; and
      6. (F) Be monitored and evaluated annually by the department.
  3. (c) An LEA may develop a plan for the creation of an LEA innovation zone for the purpose of monitoring, overseeing and improving schools within the LEA that are designated as priority schools pursuant to subsection (b) and approved for inclusion in the innovation zone by the commissioner. Upon approval of such plan by the commissioner, an LEA innovation zone may be established. Notwithstanding any other provision to the contrary, an LEA creating an LEA innovation zone shall:
    1. (1) Establish an innovation zone office; appoint a leader for such office; and provide such leader with sufficient management authority to appoint and dismiss staff for the office as well as appoint a leader for each school placed in the innovation zone; and
    2. (2) Allow schools under the governance of the innovation zone office to have maximum autonomy over financial, programmatic and staffing decisions.
  4. (d) The department of education, when publishing the list of priority schools, shall:
    1. (1) List all schools in the state in order by success rate from the highest to the lowest; and
    2. (2) List all schools in each county and each LEA in order by success rate from the highest to the lowest.
  5. (e) Notwithstanding subdivision (a)(6) or § 49-1-228(g) to the contrary, the results from TCAP tests administered to students in the 2020-2021 school year may be used in the TVAAS and to set the annual measurable objectives for schools and LEAs for the 2021-2022 school year. TVAAS data and annual measurable objectives using the results from TCAP tests administered to students in the 2020-2021 school year may be used to assign letter grades to schools pursuant to § 49-1-228.
  6. (f) Notwithstanding another law to the contrary, the state board of education shall not include in the performance goals and measures for a public school or LEA, the student achievement, student growth, or any other student data that serves as an indicator of performance for a student who enrolls in, or transfers to, the public school or LEA on or after December 31. The data described in this subsection (f) may be included in the performance goals and measures for the public school or LEA in which the student was enrolled prior to December 31 of the respective school year, if applicable.
  7. (g)
    1. (1) Notwithstanding another law to the contrary, the state board shall not include in the performance goals and measures for a public school or LEA, the number of students enrolled in the public school or LEA who have been identified by the public school, LEA, or department of education as chronically absent due to the student's receipt of medical treatment for a chronic illness or other health-related issue. The LEA's director of schools or the director of the public charter school shall notify the department in writing of each student enrolled in the LEA or public charter school who is chronically absent due to the student's receipt of medical treatment for a chronic illness or other health-related issue.
    2. (2) Subdivision (g)(1) does not prohibit the department from collecting data on students who are chronically absent from a public school or LEA in this state, or from reporting such data on the state report card or as otherwise required by the Every Student Succeeds Act (20 U.S.C. § 6301 et seq.).
    3. (3)
      1. (A) Each LEA and public charter school shall develop, adopt, and implement an intervention policy for students who are chronically absent and submit the policy to the department for approval. An intervention policy adopted pursuant to this subdivision (g)(3) must describe:
        1. (i) How chronically absent students will be identified;
        2. (ii) What documentation the LEA or public charter school will require from parents, guardians, or students to determine whether an absence from school is excused or unexcused;
        3. (iii) How the academic progress of chronically absent students will be monitored by the LEA or public charter school;
        4. (iv) How the LEA or public charter school will regularly communicate with parents and guardians of chronically absent students, which must include, at a minimum, conducting meetings or conferences at established intervals with a parent or guardian of a chronically absent student and recording the attendance of each school official and parent or guardian at each meeting; and
        5. (v) Other intervention methods, including any available community resources, identified by the LEA or public charter school to assist parents and guardians of chronically absent students in addressing the factors that may be causing or contributing to the student's absence from school.
      2. (B) The department shall not require an LEA or public charter school to submit its intervention policy to the department more than once every three (3) years.
    4. (4) For purposes of this subsection (g), “chronically absent” means that a student has been absent from school for eighteen (18) or more school days of the respective school year.
§ 49-1-603. Value added assessment system.
  1. (a) “Value added assessment” means:
    1. (1) A statistical system for educational outcome assessment that uses measures of student learning to enable the estimation of teacher, school and school district statistical distributions; and
    2. (2) The statistical system will use available and appropriate data as input to account for differences in prior student attainment, such that the impact that the teacher, school and school district have on the educational progress of students may be estimated on a student attainment constant basis. The impact that a teacher, school or school district has on the progress, or lack of progress, in educational advancement or learning of a student is referred to hereafter as the “effect” of the teacher, school, or school district on the educational progress of students.
  2. (b) The statistical system shall have the capability of providing mixed model methodologies that provide for best linear unbiased prediction for the teacher, school and school district effects on the educational progress of students. It must have the capability of adequately providing these estimates for the traditional classroom of one (1) teacher teaching multiple subjects to the same group of students, as well as team taught groups of students or other teaching situations, as appropriate.
  3. (c) The metrics chosen to measure student learning must be linear scales covering the total range of topics covered in the approved academic standards to minimize ceiling and floor effects. These metrics should have strong relationship to the core academic standards for the applicable grade level and subject.
§ 49-1-604. Mixed model methodologies.
  1. As used in this part, “mixed model methodologies that provide for best linear unbiased prediction,” or similar language setting forth the methodology used for evaluating measured progress of students, teachers, schools or school districts, has the meaning and shall be interpreted as set forth in the following references:
    1. (1) “A Unified Approach to Mixed Linear Models,” McLean, Sanders, and Stroup; <em>The American Statistician</em>, February 1991; Vol. 45, No. 1;
    2. (2) “Extension of the Gauss-Markov Theorem to Include the Estimation of Random Effects,” Harville; <em>The Annals of Statistics</em>, 1976; Vol. 4, No. 2, 384-395;
    3. (3) “Analysis of Variance in the Mixed Model: Higher Level, Nonhomogeneous, and Random Regressions,” Henderson; <em>Biometrics</em>, September 1982; No. 38, 623-640;
    4. (4) “Maximum Likelihood Approaches to Variance Component Estimation and to Related Problems,” Harville; <em>Journal of the American Statistical Association</em>, July 1977; Vol. 72, No. 358;
    5. (5) “Approximations for Standard Errors of Estimators of Fixed and Random Effects in Mixed Linear Models,” Kackar and Harville; <em>Journal of the American Statistical Association</em>, December 1984; Vol. 79, No. 388; and
    6. (6) “The Analysis of Unbalanced Linear Models with Variance Components,” Engel; <em>Statistica Neerlandica</em>, 1990; Vol. 44, No. 4.
§ 49-1-605. Annual estimates of school district effects on student progress in grades three through eight (3-8).
  1. (a) By July 1 of each year, data from the Tennessee comprehensive assessment program (TCAP) tests, or their future replacements, will be used to provide an estimate of the statistical distribution of school district effects on the educational progress of students for grades three through eight (3-8).
  2. (b) By July 1 of each year, data from the TCAP tests, or their future replacements, will be used to provide an estimate of the statistical distribution of school effects on the educational progress of students for grades three through eight (3-8).
§ 49-1-606. Annual estimates of teacher effects on student progress in grades three through eight (3-8).
  1. (a) Annually, data from the Tennessee comprehensive assessment program (TCAP) tests, or their future replacements, will be used to provide an estimate of the statistical distribution of teacher effects on the educational progress of students within school districts for grades three through eight (3-8). Teacher effect data shall not be retained for use in evaluations for more than the most recent five (5) years. A student must have been present for one hundred fifty (150) days of classroom instruction per year or seventy-five (75) days of classroom instruction in a block schedule before that student's record is attributable to a specific teacher.
  2. (b)
    1. (1) The estimates of specific teacher effects on the educational progress of students will not be a public record, and will be made available only to the specific teacher, the teacher's appropriate administrators as designated by the local board of education and school board members. The state department of education shall provide raw test score data to LEAs as soon as practicable after receipt of the data, but in no case later than June 30. The estimates of specific teacher effects may also be made available to the state board approved teacher preparation programs of individual teachers. The estimates made available to the preparation programs shall not be a public record and shall be used only in evaluation of the respective teacher preparation programs. Each institution or postsecondary system receiving the estimates shall develop a policy to protect the confidentiality of the data.
    2. (2) The estimates of specific teacher effects on the educational progress of students may be made available to parties conducting research for, or on behalf of, the department, schools, LEAs, or postsecondary institutions; provided, however, that the estimates made available shall not be a public record and shall be used only for research purposes. Each party receiving the estimates of specific teacher effect data for research purposes shall execute a signed data sharing agreement with the entity providing the data that includes provisions safeguarding the privacy and security of the data.
§ 49-1-607. Noncompliance with security guidelines for TCAP or successor test.
  1. A person found to have violated security guidelines for administration of the Tennessee comprehensive assessment program (TCAP) test, or a successor test, including making or distributing unauthorized copies of the test, altering a grade or answer sheet, providing copies of answers or test questions, or otherwise compromising the integrity of the testing process must be placed on immediate suspension, and such actions constitute grounds for dismissal, including dismissal of tenured employees. Such actions are grounds for revocation of state licensure.
§ 49-1-608. Subject matter tests for secondary schools — Initiation of value added assessment.
  1. The development of subject matter tests shall be initiated to measure performance of high school students in subjects designated by the state board of education and reviewed by the education committee of the senate and the education instruction committee of the house of representatives. These tests shall reflect the complete range of topics covered within the list of state-approved textbooks and instructional materials for that subject. As soon as valid tests have been developed, the testing of students shall be initiated to provide for value-added assessment. Value-added assessment shall be conducted annually. Value-added assessment may be initiated in other subjects designated by the state board of education and reviewed by the education committee of the senate and the education instruction committee of the house of representatives at such times as valid tests are developed that effectively measure performance in such subjects.
§ 49-1-609. Exclusion of student performance on assessments administered in 2020-2021 school year to assess student readiness for postsecondary education — Exception for higher performance designation for the school or LEA.
  1. To the extent authorized by federal law, student performance on assessments administered in the 2020-2021 school year to assess student readiness for postsecondary education must be excluded from the performance goals and measures required for schools and LEAs pursuant to this part, unless including student performance on postsecondary readiness assessments administered in the 2020-2021 school year results in a higher performance designation for the school or LEA.
§ 49-1-610. New test questions — Formative assessment question banks.
  1. (a) All tests used in accordance with this part shall be equivalent tests. Each year, at least thirty percent (30%) of items on each test must be fresh, nonredundant items that did not appear on that test in the previous two (2) years. The commissioner shall ensure that assessments used to measure academic progress required by this chapter meet acceptable standards of reliability and appropriately measure students at all levels of achievement.
  2. (b) The commissioner shall develop formative assessment question banks that are aligned to state-mandated summative assessments measuring the academic progress of students. The department of education shall make the formative assessment question banks available for use by LEAs. The commissioner shall begin developing the formative assessment question banks required under this subsection (b) no later than July 1, 2020.
§ 49-1-611. Reports — Removal or appointment of school board members.
  1. The commissioner shall make periodic reports to the state board, the education committee of the senate, and the education administration committee of the house of representatives on the progress of any local school system or school placed on probation. Whenever it appears to the commissioner that a local school system or school placed on probation pursuant to § 49-1-602 is not taking action necessary to resolve the deficiencies identified in any report or study of the system or school, the commissioner may with the approval of the state board order the removal of some or all of the members of the local board and the director of schools and appoint an agent to direct all operations of the system. Before the removal or appointment functions are exercised, the commissioner shall also appear before the education committee of the senate and the education administration committee of the house of representatives for that purpose and present the reasons for the proposed actions. The committees may either endorse or refuse to endorse the proposed actions. The agent shall have all authority and powers previously vested in the local board and director of schools and such other powers as may be granted by law or regulation.
§ 49-1-612. Alternate assessment for students with cognitive disabilities.
  1. The state's alternate assessment for students with significant cognitive disabilities shall be based on alternate academic achievement standards designed to measure the knowledge and skills of students with significant cognitive disabilities and shall be aligned to Tennessee's state academic standards.
§ 49-1-613. Annual school improvement plans. [Effective when contingency is met. See the Compiler's Notes.]
  1. (a) Effective with school year 2007-2008, each school and LEA shall include in their school improvement plans specific goals for improvement, including, but not limited to, school performance on value added assessment and other benchmarks for student proficiency, graduation rates, ACT or SAT scores where applicable and student attendance. School improvement plans shall also identify areas of strengths and weakness, as well as strategies to improve areas of weakness, how additional funds provided through the TISA will be used to address these areas and how the LEA will measure the improvements supported by these funds. The strategies may include, but are not limited to:
    1. (1) Developing school or content-based professional development;
    2. (2) Developing teacher induction programs;
    3. (3) Increasing the number of reading and math specialists;
    4. (4) Increasing classroom equipment and supplies;
    5. (5) Reducing class size;
    6. (6) Using targeted tutoring and remediation;
    7. (7) Increasing numbers of school counselors and social workers;
    8. (8) Providing principal professional development;
    9. (9) Using enhanced technology for remediation and retesting;
    10. (10) Employing school attendance officers;
    11. (11) Reorganizing the school day instructional time; and
    12. (12) Implementing a standards-based curriculum and associated instructional strategies.
  2. (b) The department of education shall have the primary responsibility for collecting, evaluating, approving and monitoring system and school improvement plans.
  3. (c) The department shall not require a school or LEA to submit the school's or LEA's school improvement plan to the department for approval more than once every three (3) years.
§ 49-1-614. Achievement school district.
  1. (a) The “achievement school district” or “ASD” is an organizational unit of the department of education, established and administered by the commissioner for the purpose of providing oversight for the operation of schools assigned to or authorized by the ASD.
  2. (b) The commissioner shall have the authority to directly operate or contract with one (1) or more individuals, governmental entities or nonprofit entities to manage the day-to-day operations of any or all schools placed in the ASD, including, but not limited to, providing direct services to students.
  3. (c)
    1. (1) The commissioner shall have the authority to assign any school or grade configuration within a school to the ASD at any time such school is designated to be in priority status pursuant to § 49-1-602; provided, however, that schools assigned to the ASD after June 1, 2017, shall be limited to priority schools.
    2. (2) Schools placed in the ASD after June 1, 2017, shall only serve grades that the school served at the time the commissioner assigned the school to the ASD. The governing body of a charter school may apply to the LEA to expand the grades the school serves under the provisions outlined in § 49-13-106.
    3. (3) Prior to the assignment of a school to the ASD, the commissioner shall consider geographic clusters of qualifying schools, feeder patterns, and previous LEA-led interventions with multiple eligible schools.
    4. (4) Nothing shall prohibit the ASD from establishing an alternative school to serve students assigned to the ASD.
  4. (d)
    1. (1) The ASD may receive, control, and expend local and state funding for schools placed under its jurisdiction, and shall have the authority to seek, receive, expend, manage, and retain federal funding and grant funding and to otherwise seek, obtain, expend, manage, and retain funding with the same authority as an LEA. The ASD shall receive from the department or LEA, as appropriate, an amount of state and local funds in the manner prescribed in § 49-13-112 for all schools in the ASD, including those schools operated through charter agreements, contracts, and direct-run models. ASD schools shall also receive all appropriate allocations of federal funds as other LEAs under federal law or regulation, including, but not limited to, Title I, IDEA, and other ESEA funds. All funding allocations and disbursements shall be in accordance with procedures developed by the department.
    2. (2) The ASD shall have the authority to receive donations of money, property or securities from any source for the benefit of the ASD and schools within the ASD. All such funds shall, in good faith, be disbursed in accordance with the conditions of the gifts.
    3. (3) To the extent that any state and local funds allocated to the ASD are not used to support a school or LEA in the ASD, they shall be allocated to a state reserve fund to be distributed to the appropriate LEA upon approval of the commissioner and upon the removal of the school from the ASD.
  5. (e) The ASD may require any LEA to provide school support or student support services for a school transferred from the LEA's jurisdiction including, but not limited to, student transportation, school food service, alternative schools or student assessment for special education eligibility that are compliant with all laws and regulations governing such services. In such cases, the ASD shall reimburse the actual cost to the LEA providing such services.
  6. (f) The ASD shall have the right to use any school building and all facilities and property otherwise part of the school and recognized as part of the facilities or assets of the school prior to its placement in the ASD and shall have access to such additional facilities as were typically available to the school, its students, faculty and staff prior to its placement in the ASD. Such use shall be unrestricted and free of charge, except that the ASD shall be responsible for and obligated to provide for routine maintenance and repair such that the facilities and property are maintained in as good order as when the right of use was acquired by the ASD. The ASD shall also be responsible for paying all utilities in use at ASD-utilized facilities. Extensive repairs to buildings or facilities considered capital expenses shall be the responsibility of the LEA and not the ASD. Any fixtures, improvements or tangible assets added to a school building or facility by the ASD shall remain at the school building or facility upon its return to the LEA.
  7. (g)
    1. (1) If it is determined that the ASD shall directly operate a school within the ASD, the employees hired to work in schools directly operated by the ASD may be deemed employees of the ASD and such employees shall be under the exclusive control of the ASD. The ASD shall develop written procedures, subject to the approval of the commissioner, for employment and management of personnel as well as the development of compensation and benefit plans. Within the limits of the budget, staffing needs of any school within the ASD shall be exclusively determined by the ASD with approval of the commissioner.
    2. (2) The ASD, or the entity under contract to operate schools within the ASD, shall have the authority to determine whether any teacher who was assigned to such school prior to the school's transfer into the ASD shall have the option of continuing to teach at that school as an employee of either the ASD or the operating entity. Any tenured teacher not given that option shall remain an employee of the LEA, subject to § 49-5-511. The LEA, if it so chooses, may continue the employment of a nontenured teacher not given that option. Moreover, any teacher who accepts that option may, at the discretion of the LEA, return as an employee of the LEA, should the ASD or operating entity later determine not to continue to employ such teacher.
    3. (3) With the exception of the provisions protecting teachers’ rights to accumulated sick leave, retirement benefits, pension and tenure status within an LEA, § 49-5-203, and the [former] Education Professional Negotiations Act, compiled in chapter 5, part 6 of this title, prior to June 1, 2011, shall not apply to teachers who accept the option of continuing to teach at a school placed in the ASD.
  8. (h) Notwithstanding any law to the contrary, the ASD shall, at a minimum, have the same authority and autonomy afforded to LEAs under state law regarding the procurement of property, goods and services, including, but not limited to, personal, professional, consulting, and social services. The ASD shall develop written procedures for the procurement of all goods and services in compliance with the expenditure thresholds for competitive bidding outlined or permitted in § 49-2-203. Such procedures shall be submitted to and approved by the commissioner.
  9. (i) Notwithstanding title 12, chapter 7, part 1, or any other law to the contrary, the ASD shall have the authority to authorize the preparation and use of publications and other media for the marketing and public education needs of the ASD in order to effectively carry out its mission.
  10. (j) The ASD or any entity the ASD contracts with to operate or manage schools that have been placed in the ASD may apply to the commissioner for a waiver of any state board rule that inhibits or hinders the ability of the school to increase student achievement. Notwithstanding this subsection (j), the commissioner shall not waive rules related to the following:
    1. (1) Federal and state civil rights;
    2. (2) Federal, state and local health and safety;
    3. (3) Federal and state public records;
    4. (4) Immunizations;
    5. (5) Possession of weapons on school grounds;
    6. (6) Background checks and fingerprinting of personnel;
    7. (7) Federal and state special education services;
    8. (8) Student due process;
    9. (9) Parental rights;
    10. (10) Federal and state student assessment and accountability;
    11. (11) Open meetings; and
    12. (12) At least the same equivalent time of instruction as required in regular public schools.
  11. (k)
    1. (1)
      1. (A) A school that has been removed from the LEA and placed in the ASD must remain in the ASD until the school is no longer identified as a priority school pursuant to § 49-1-602 for two (2) consecutive cycles beginning with the 2017 priority school list; provided, however, that a school shall not remain in the ASD for more than a ten-year period.
      2. (B) Prior to a school exiting the ASD, the commissioner, in consultation with the LEA or the Tennessee public charter school commission, as appropriate, shall develop and approve a school transition plan for determining the school's exit from the ASD. The transition plan shall include a communication protocol for notifying the parents of students who currently attend ASD schools of the student's future school enrollment options.
      3. (C) Notwithstanding subdivision (k)(1)(A), if the LEA is identified as an LEA earning the lowest accountability determination pursuant to § 49-1-602(a) and the parents of at least sixty percent (60%) of the students enrolled at the school demonstrate support for remaining in the ASD by signing a petition, then the school may remain in the ASD beyond the initial ten-year period.
    2. (2) Notwithstanding subdivision (k)(1) or any other provision to the contrary, the commissioner may determine that a school that entered the ASD and is operated as a charter school through authorization by the ASD pursuant to § 49-13-106, may exit the ASD prior to the expiration of the charter school's initial ASD charter agreement. The commissioner's determination must be based on metrics, including, but not limited to, the ASD's school performance framework (SPF) and school accountability results publicly reported on the department's website annually and must specify whether:
      1. (A) The ASD-authorized charter school must apply to the LEA for authorization under § 49-13-107 before its initial ASD charter agreement expires; or
      2. (B) The ASD-authorized charter school may apply to the Tennessee public charter school commission for a new charter agreement with a term not to exceed the term of the initial ASD charter agreement. If the commission grants the ASD-authorized charter school a new charter agreement, then the commission may agree to the assignment of all rights and obligations of the ASD, including, but not limited to, the rights and obligations provided in subsection (f) relating to the use of school buildings and facilities, for the duration of the new charter agreement, and the charter school has the right to continue to use the LEA's school building for the duration of that charter agreement. Upon the expiration of the initial charter agreement with the commission, the charter school may apply to renew the charter agreement with the commission or apply to the LEA for a charter agreement. If a renewal is approved by the commission, then the LEA shall grant the charter school operator the option to enter into a lease agreement at or below fair market rental value to occupy the LEA's school building for at least three (3) years, or to purchase the building from the LEA at or below fair market value, less the value of capital repairs or improvements made to the school building by the charter school operator. After the lease period expires, if the LEA determines to sell the school building the charter school operator is leasing, the charter school operator must be provided the right of first refusal to purchase the school building at or below fair market value, less the value of all rental payments made to the LEA during the term of the lease. For purposes of this subsection (k), “fair market value” or “fair market rental value” is determined by the LEA and the charter school operator each procuring a separate appraisal of the property. If the LEA and charter school operator do not mutually agree to use either of the two (2) appraisals, or an average of the two (2) appraisals, to establish fair market value or fair market rental value, then the LEA or charter school operator may request an additional appraisal conducted by a party agreed upon by the LEA's and the charter school operator's selected appraisers to determine the fair market value or fair market rental value, as applicable. The cost of the additional appraisal must be shared by the parties.
    3. (3) Except as provided in subdivisions (k)(2) and (k)(4), ASD-authorized charter schools must remain under the authority of the ASD for the duration of their initial ASD charter agreements. Upon expiration of an ASD charter agreement, the school must exit the ASD and the school building must be returned to the LEA. The governing body of the charter school may apply for a new charter agreement with the LEA according to § 49-13-107. The LEA must approve or deny the charter application pursuant to § 49-13-108.
    4. (4) After an ASD school improves student performance such that the school is no longer identified as a priority school for two (2) consecutive cycles as referenced in (k)(1), the commissioner, in consultation with the LEA, shall implement the transition plan developed and approved by the commissioner pursuant to subdivision (k)(1)(B). If, at any time, an ASD-authorized charter school meets the priority exit criteria set forth in the state's accountability model, then the school may apply to the LEA or the commission for a new charter agreement with a term not to exceed the term of the initial ASD charter agreement. If the commission grants the ASD-authorized charter school a new charter agreement, then the commission may agree to the assignment of all rights and obligations of the ASD, including, but not limited to, the rights and obligations provided in subsection (f) relating to the use of school buildings and facilities, for the duration of the new charter agreement, and the charter school has the right to continue to use the LEA's school building for the duration of the charter agreement. Upon expiration of the new charter agreement with the commission, the charter school may apply to the commission to renew its charter agreement. If the charter agreement is renewed by the commission, then the LEA shall grant the charter school operator the option to enter into a lease agreement at or below fair market rental value to occupy the building for at least three (3) years, or to purchase the building at or below fair market value, less the value of capital repairs or improvements made to the school building by the charter school operator. After the lease period expires, if the LEA determines to sell the school building the charter school operator is leasing, the charter school operator must be provided the right of first refusal to purchase the school building at or below fair market value, less the value of all rental payments made to the LEA during the term of the lease.
    5. (5) Notwithstanding subdivision (k)(2)(B), an ASD-authorized charter school shall not apply directly to the commission for approval of a charter agreement prior to the 2022-2023 school year.
    6. (6) Notwithstanding subdivisions (k)(1)-(4) or any other provision to the contrary, the commissioner may remove any school from the jurisdiction of the ASD at any time.
  12. (l) Any individuals, governmental entities or nonprofit entities contracting with the commissioner to operate any school under this section shall provide timely information to the LEA and director of schools regarding the operation of such schools, including, but not limited to, matters relating to employment of personnel at the school as provided for in this section. The LEA may continue to support the educational improvement of the school under the direction and guidance of the commissioner and in accordance with any contracts entered into in accordance with this section. In addition, any individuals, governmental entities or nonprofit entities contracting with the commissioner may voluntarily work with the LEA in providing to the schools professional development or technical assistance, instructional and administrative support and facilitating any other support that may be beneficial to academic progress of the school.
  13. (m) Any contracts to operate schools that have been placed in the ASD shall require expenditure reports for funds received and expended pursuant to such contracts. Such reports shall be provided to the department of education and comptroller of the treasury for review.
  14. (n) The department of education shall establish within the school system with the most schools operated by the ASD a four-year pilot program of assessment of kindergarten students. The pilot program shall begin with the 2012-2013 school year. Students entering kindergarten in such system in schools operated by the ASD shall be assessed by an appropriate standardized test or tests. The test shall measure the present educational levels of the students to determine how instruction should be targeted to best meet the learning needs of the students and to eliminate disparities in learning backgrounds, if any.
  15. (o) The ASD shall adopt an appropriate dress code for its professional employees.
§ 49-1-615. Establishment of the teacher professional development fund.
  1. The teacher professional development fund is established, into which only federal monies shall be deposited, for the purposes of improved teaching, pedagogical skills and classroom instruction.
§ 49-1-617. Development of policy by which student scores on achievement tests comprise percentage of final grade in certain subjects in grades three through eight — Optional policy for grades nine through twelve.
  1. (a) Each local board of education shall develop a policy by which student scores on the Tennessee comprehensive assessment program's grades three through eight (3-8) achievement tests shall comprise a percentage of the student's final grade for the spring semester in the subject areas of mathematics, English language arts, science, and social studies. In the 2017-2018 school year and each school year thereafter, the local board shall determine the percentage within a range of zero percent (0%) to no more than twenty-five percent (25%) for grades three through five (3-5), and within a range of no less than ten percent (10%) to no more than twenty-five percent (25%) for grades six through eight (6-8).
  2. (b) Notwithstanding subsection (a), if an LEA does not receive its students' TCAP scores, including all achievement test and end-of-course examination scores for grades nine through twelve (9-12), at least five (5) instructional days before the end of the course, then the LEA may choose not to include its students' TCAP scores, including all achievement test and end-of-course examination scores for grades nine through twelve (9-12), in the students' final grades in the subject areas of mathematics, English language arts, science, and social studies.
  3. (c) Notwithstanding subsection (a), each local board of education may choose the percentage within the range of zero percent (0%) to fifteen percent (15%) that scores from the TNReady assessments administered in the 2017-2018 school year shall count on a student's final grade for the spring semester.
  4. (d) Notwithstanding subsection (a), scores on Tennessee comprehensive assessment program (TCAP) tests, which include, but are not limited to, TNReady assessments, English learner assessments, alternate TCAP assessments, and end-of-course examinations, administered in the 2019-2020 school year shall not comprise a percentage of a student's final grade for the spring semester in the subject areas of mathematics, English language arts, science, and social studies, unless including TCAP test scores results in a higher final grade for the student.
  5. (e) Notwithstanding subsection (a), each local board of education may choose the percentage, within the range of zero percent (0%) to twenty-five percent (25%), that scores from the Tennessee comprehensive assessment program (TCAP) tests administered to students in grades three through twelve (3-12) in the 2020-2021 school year count on a student's final grade.
§ 49-1-618. Establishment of review period for verification of accountability data files and determinations prior to public release.
  1. The department of education shall develop, and the state board shall adopt, a policy establishing a review period for LEAs to review and verify accountability data files and determinations before data files and determinations are released publicly by the department. The policy shall include, at a minimum:
    1. (1) The length of the review period; provided, that no review period shall be less than ten (10) business days;
    2. (2) Identification of specific data that shall not be released during the review period; and
    3. (3) A process for the LEA to verify the accuracy of the data.
§ 49-1-619. Changes to formula used to calculate school or LEA performance goals and measures — Stakeholder input.
  1. (a) The commissioner of education shall obtain approval from the state board of education for changes to the formula used to calculate school or LEA performance goals and measures established pursuant to this part.
  2. (b) To ensure stakeholder input, before submitting a proposal to the state board to change the formula used to calculate performance goals and measures for schools or LEAs, the commissioner shall convene a working group that includes, but is not limited to:
    1. (1) The chair of the education administration committee of the house of representatives;
    2. (2) The chair of the education instruction committee of the house of representatives;
    3. (3) The chair of the education committee of the senate;
    4. (4) The executive director of the state board of education;
    5. (5) A representative from the Tennessee organization of school superintendents;
    6. (6) A representative from the Tennessee school boards association;
    7. (7) A public school teacher employed at a school located:
      1. (A) In an urban area in this state;
      2. (B) In a suburban area in this state; and
      3. (C) In a rural area in this state; and
    8. (8) A parent of a child who is enrolled in a public school in this state. For the purposes of this subdivision (b)(8), “parent” includes the parent, guardian, person who has custody of the child, or individual who has caregiving authority under § 49-6-3001.
  3. (c) To ensure meaningful stakeholder engagement, the commissioner shall provide relevant materials in advance of a convening of the working group required by subsection (b), to provide adequate time for working group members to gather feedback from the members' respective peers.
§ 49-1-620. Annual report of information related to state, LEA, and school level indicators of postsecondary readiness by graduating class.
  1. (a) The department shall annually report on the state report card, established pursuant to § 49-1-228, information related to state, LEA, and school level indicators of postsecondary readiness by graduating class, including the percentage of students achieving postsecondary readiness pursuant to the department's defined eligibility criteria. The department shall begin reporting the information identified in this subsection (a) with the graduating class of 2021 in the 2022 state report card.
  2. (b) Disclosure under this section must comply with the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. 1232g); § 10-7-504; the Data Accessibility, Transparency, and Accountability Act, compiled in chapter 1, part 7 of this title; and all other relevant privacy laws.
Part 7 Data Accessibility, Transparency and Accountability Act
§ 49-1-701. Short title.
  1. This part shall be known and may be cited as the “Data Accessibility, Transparency and Accountability Act.”
§ 49-1-702. Part definitions.
  1. As used in this part:
    1. (1) “Aggregate data” means data collected or reported at the group, cohort or institutional level;
    2. (2) “Biometric record” means a record of one (1) or more measurable biological or behavioral characteristics that can be used for automated recognition of an individual;
    3. (3) “Covered information” means personally identifiable information or material, or information that is linked to personally identifiable information or material, in any media or format that is not publicly available and is:
      1. (A) Created by or provided to an operator by a student, or the student's parent or legal guardian, in the course of the student's, parent's, or legal guardian's use of the operator's site, service, or application for K-12 school purposes;
      2. (B) Created by or provided to an operator by an employee or agent of a K-12 school or an LEA for K-12 school purposes; or
      3. (C) Gathered by an operator through the operation of its site, service, or application for K-12 school purposes and personally identifies a student;
    4. (4) “Data system” means the body of student data collected by the department of education;
    5. (5) “De-identified data” means a student dataset in which parent and student identifying information, including the personal identification number, has been removed;
    6. (6) “Department” means the department of education;
    7. (7) “FERPA” means the federal Family Educational Rights and Privacy Act (20 U.S.C. § 1232g);
    8. (8) “Interactive computer service” means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the internet and such systems operated or services offered by libraries or educational institutions;
    9. (9) “K-12 school” means a school that offers any of the grades kindergarten through twelve (K-12) and is operated by an LEA;
    10. (10) “K-12 school purposes” means purposes that are directed by or that customarily take place at the direction of a K-12 school, teacher, or LEA or that aid in the administration of school activities, including, but not limited to, instruction in the classroom or at home, administrative activities, and collaboration among students, school personnel, or parents, or are otherwise for the use and benefit of the school;
    11. (11) “Operator” means, to the extent that it is operating in this capacity, the operator of an internet website, online service, online application, or mobile application with actual knowledge that the site, service, or application is used primarily for K-12 school purposes and is designed and marketed for K-12 school purposes;
    12. (12) “Persistent unique identifier” means a unique reference number used as an identifier in computer software that is stored across different usage sessions;
    13. (13) “Personal identification number” means the unique student identifier assigned to a student under § 49-6-5101;
    14. (14) “State board” means the state board of education;
    15. (15)
      1. (A) “Student data” means data collected or reported at the individual student level that is included in a student’s educational record;
      2. (B) “Student data” includes:
        1. (i) State and national assessment results, including information on untested public school students;
        2. (ii) Course taking and completion, credits earned and other transcript information;
        3. (iii) Course grades and grade point average;
        4. (iv) Date of birth, grade level and expected graduation date or graduation cohort;
        5. (v) Degree, diploma, credential attainment and other school exit information such as receipt of a high school equivalency credential approved by the state board of education and drop-out data;
        6. (vi) Attendance and mobility;
        7. (vii) Data required to calculate the federal four-year adjusted cohort graduation rate, including sufficient exit and drop-out information;
        8. (viii) Discipline reports limited to objective information sufficient to produce the federal Title IV annual incident report;
        9. (ix) Remediation;
        10. (x) Special education data; and
        11. (xi) Demographic data and program participation information; and
      3. (C) Unless included in a student’s educational record, “student data” does not include:
        1. (i) Juvenile delinquency records;
        2. (ii) Criminal records;
        3. (iii) Medical and health records;
        4. (iv) Student social security number; and
        5. (v) Student biometric information;
    16. (16) “Targeted advertising” means presenting advertisements to a student where advertisements are selected based on information obtained or inferred over time from that student's online behavior, usage of applications, or covered information. “Targeted advertising” does not include advertising to a student at an online location based upon that student's current visit to that location, or in response to that student's request for information or feedback, without the retention of that student's online activities or requests over time for the purpose of targeting subsequent advertisements; and
    17. (17) “Teacher data” means personal summative and evaluation scores, the access to which is limited to the department, LEA administrators, local boards of education or those with direct supervisory authority who require such access to perform their assigned duties. Nothing in this part shall restrict the availability of information pursuant to § 49-1-606.
§ 49-1-703. Duties of department.
  1. The department of education shall:
    1. (1) Create, publish and make publicly available a data inventory and dictionary or index of data elements with definitions of individual student data fields currently in the student data system along with the purpose or reason for inclusion in the data system;
    2. (2) Develop, publish and make publicly available policies and procedures to comply with FERPA, § 10-7-504 and other relevant privacy laws and policies. These policies and procedures shall, at a minimum, require that:
      1. (A) Access to student and de-identified data in the student data system is restricted to:
        1. (i) The authorized staff of the department and the department's contractors who require access to perform their assigned duties;
        2. (ii) LEA administrators, teachers, school personnel and the LEA's contractors who require access to perform their assigned duties;
        3. (iii) Students and their parents; provided, however, that a student or the student's parents may only access the student's individual data;
        4. (iv) The authorized staff of other state agencies as permitted by law; provided, however, that within sixty (60) days of providing such access, the department shall provide notice of the release to the state board, the education committee of the senate, and the education administration committee of the house of representatives, and post such notice on the department's website;
        5. (v) Parties conducting research for or on behalf of the department or an LEA; provided, that such access is granted in compliance with FERPA and other relevant state and federal privacy laws and policies and that the department shall provide notice of the release to the state board, the education committee of the senate, and the education administration committee of the house of representatives, and post such notice on the department's website;
        6. (vi) Appropriate entities in compliance with a lawfully issued subpoena or court order; or
        7. (vii) Appropriate officials in connection with an interagency audit or evaluation of a federal or state supported education program;
      2. (B) The department uses only aggregate data in public reports or in response to public record requests in accordance with subdivision (3);
      3. (C)
        1. (i) The commissioner develops criteria for the approval of research and data requests from state and local agencies, the general assembly, researchers and the public; provided, however, that:
          1. (a) Unless otherwise approved by the state board or permitted in this part, student data maintained by the department shall remain confidential; and
          2. (b) Unless otherwise permitted in this part or approved by the state board to release student or de-identified data in specific instances, the department may only use aggregate data in the release of data in response to research and data requests;
        2. (ii) Unless otherwise approved in this part or by the state board, the department shall not transfer student or de-identified data deemed confidential under subdivision (2)(C)(i)(<em>a</em>) to any federal agency or other organization or entity outside the state, except when:
          1. (a) A student transfers out of state or an LEA seeks help with locating an out-of-state transfer;
          2. (b) A student leaves the state to attend an out-of-state institution of higher education or training program;
          3. (c) A student registers for or takes a national or multistate assessment;
          4. (d) A student voluntarily participates in a program for which such data transfer is a condition or requirement of participation;
          5. (e) The department enters into a contract that governs databases, assessments, special education or instructional supports with an out-of-state vendor; or
          6. (f) A student is classified as “migrant” for federal reporting purposes; and
      4. (D) Students and parents are notified of their rights under federal and state law;
    3. (3) Develop a detailed data security plan that includes:
      1. (A) Guidelines for authorizing access to the teacher data system and to individual teacher data including guidelines for authentication of authorized access;
      2. (B) Guidelines for authorizing access to the student data system and to individual student data including guidelines for authentication of authorized access;
      3. (C) Privacy compliance standards;
      4. (D) Privacy and security audits;
      5. (E) Breach planning, notification and procedures; and
      6. (F) Data retention and disposition policies;
    4. (4) Ensure routine and ongoing compliance by the department with FERPA, § 10-7-504, other relevant privacy laws and policies, and the privacy and security policies and procedures developed under the authority of this part, including the performance of compliance audits;
    5. (5) Ensure that any contracts that govern databases, assessments or instructional supports that include student or de-identified data and are outsourced to private vendors include express provisions that safeguard privacy and security and include penalties for noncompliance; and
    6. (6) Notify the governor and the general assembly within sixty (60) days of the following:
      1. (A) Any new student data fields included in the state student data system;
      2. (B) Changes to existing data collections required for any reason, including changes to federal reporting requirements made by the United States department of education;
      3. (C) Any exceptions granted by the state board in the past year regarding the release or out-of-state transfer of student or de-identified data accompanied by an explanation of each exception; and
      4. (D) The results of any and all privacy compliance and security audits completed in the past year. Notifications regarding privacy compliance and security audits shall not include any information that would itself pose a security threat to the state or local student information systems or to the secure transmission of data between state and local systems by exposing vulnerabilities.
§ 49-1-704. Right of parents and guardians to inspect their children's educational records — Model student records policy for LEAs.
  1. (a) Parents and guardians have the right to inspect and review their children's education records maintained by the school.
  2. (b) Parents and guardians have the right to request student data specific to their children's educational records.
  3. (c) LEAs shall provide parents or guardians with a copy of their children's educational records upon request.
  4. (d)
    1. (1) The department shall develop a model student records policy for LEAs that requires an LEA to:
      1. (A) Annually notify parents and guardians of their right to request student information;
      2. (B) Ensure security when providing student data to parents or guardians;
      3. (C) Ensure student data is provided only to authorized individuals;
      4. (D) Set the timeframe within which record requests must be provided; and
      5. (E) Consider implementation of a plan to allow parents and guardians to view online, download, and transmit data specific to their children's educational records.
    2. (2) [Deleted by 2022 amendment.]
§ 49-1-705. LEAs and schools not to collect certain individual student data.
  1. LEAs and schools shall not collect individual student data on:
    1. (1) Political affiliation;
    2. (2) Religion;
    3. (3) Voting history; and
    4. (4) Firearms ownership.
§ 49-1-706. Written consent required prior to collection of certain individual student biometric data.
  1. (a) Unless explicitly mandated by state or federal law, a state agency or educational institution shall obtain written consent from parents or students, in the case of students eighteen (18) years of age or older, before collecting any individual student biometric data, student data relative to analysis of facial expressions, EEG brain wave patterns, skin conductance, galvanic skin response, heart-rate variability, pulse, blood volume, posture, and eye-tracking.
  2. (b) No state agency or educational institution shall pursue or accept any grant whether from the federal government or any private entity that requires collecting or reporting information in violation of subsection (a).
  3. (c) No state or national student assessment shall be adopted or administered in this state that requires collecting or reporting information in violation of subsection (a).
§ 49-1-707. Status of collection of student data existing on July 1, 2014.
  1. Any collection of student data by the department existing on July 1, 2014, shall not be considered a new student data collection in accordance with § 49-1-703(6)(A).
§ 49-1-708. Student online personal protection act.
  1. (a) An operator shall not knowingly:
    1. (1) Engage in targeted advertising on the operator's site, service, or application, or target advertising on any other site, service, or application if the targeting of the advertising is based on any information, including covered information and persistent unique identifiers, that the operator has acquired because of the use of that operator's site, service, or application for K-12 school purposes;
    2. (2) Use information, including persistent unique identifiers, created or gathered by the operator's site, service, or application, to amass a profile about a student except in furtherance of K-12 school purposes. As used in this subdivision (a)(2) and subdivision (d)(2), “amass a profile” does not include the collection and retention of account information that remains under the control of the student, the student's parent or guardian, or the K-12 school;
    3. (3) Sell or rent a student's information, including covered information. This subdivision (a)(3) does not apply to the purchase, merger, or other type of acquisition of an operator by another entity, if the operator or successor entity complies with this section regarding previously acquired student information; or
    4. (4) Except as otherwise provided in subsection (d), disclose covered information unless the disclosure is made:
      1. (A) In furtherance of the K-12 school purpose of the site, service, or application, if the recipient of the covered information disclosed under this subdivision (a)(4)(A) does not further disclose the information unless done to allow or improve operability and functionality of the operator's site, service, or application;
      2. (B) To ensure legal and regulatory compliance or protect against liability;
      3. (C) To respond to or participate in the judicial process;
      4. (D) To protect the safety or integrity of users of the site or others or the security of the site, service, or application;
      5. (E) For a school, educational, or employment purpose requested by the student or the student's parent or guardian; provided, that the information is not used or further disclosed for any other purpose; or
      6. (F) To a third party, if the operator contractually prohibits the third party from using any covered information for any purpose other than providing the contracted service to or on behalf of the operator, prohibits the third party from disclosing any covered information provided by the operator with subsequent third parties, and requires the third party to implement and maintain reasonable security procedures and practices.
  2. (b) Nothing in subsection (a) shall prohibit the operator's use of information for maintaining, developing, supporting, improving, or diagnosing the operator's site, service, or application.
  3. (c) An operator shall:
    1. (1) Implement and maintain reasonable security procedures and practices appropriate to the nature of the covered information, designed to protect that covered information from unauthorized access, destruction, use, modification, or disclosure; and
    2. (2) Delete within a reasonable time period a student's covered information if the K-12 school or LEA requests deletion of covered information under the control of the K-12 school or LEA, unless a student or parent or legal guardian consents to the maintenance of the covered information.
  4. (d) An operator may use or disclose covered information of a student:
    1. (1) If federal or state law requires the operator to disclose the information, and the operator complies with the requirements of federal or state law in protecting and disclosing that information;
    2. (2) For legitimate research purposes as required by state or federal law and subject to the restrictions under applicable state or federal law or as allowed by state or federal law and under the direction of a K-12 school, LEA, or the department of education, if covered information is not used for advertising or to amass a profile on the student for purposes other than K-12 school purposes; or
    3. (3) To the department, an LEA, or a K-12 school for K-12 school purposes, as permitted by state or federal law.
  5. (e) An operator is not prohibited from:
    1. (1) Using covered information to improve educational products if that information is not associated with an identified student within the operator's site, service, or application or other sites, services, or applications owned by the operator;
    2. (2) Using covered information that is not associated with an identified student to demonstrate the effectiveness of the operator's products or services, including in its marketing;
    3. (3) Sharing covered information that is not associated with an identified student for the development and improvement of educational sites, services, or applications;
    4. (4) Using recommendation engines to recommend to a student:
      1. (A) Additional content relating to an educational, other learning, or employment opportunity purpose within an online site, service, or application if the recommendation is not determined in whole or in part by payment or other consideration from a third party; or
      2. (B) Additional services relating to an educational, other learning, or employment opportunity purpose within an online site, service, or application if the recommendation is not determined in whole or in part by payment or other consideration from a third party; or
    5. (5) Responding to a student's request for information or for feedback without the information or response being determined in whole or in part by payment or other consideration from a third party.
  6. (f) This section does not:
    1. (1) Limit the authority of a law enforcement agency to obtain any content or information from an operator as authorized by law or under a court order;
    2. (2) Limit the ability of an operator to use student data, including covered information, for adaptive learning or customized student learning purposes;
    3. (3) Apply to general audience internet websites, general audience online services, general audience online applications, or general audience mobile applications, even if login credentials created for an operator's site, service, or application may be used to access those general audience sites, services, or applications;
    4. (4) Limit service providers from providing internet connectivity to schools or students and their families;
    5. (5) Prohibit an operator of a website, online service, online application, or mobile application from marketing educational products directly to parents if the marketing did not result from the use of covered information obtained by the operator through the provision of services covered under this section;
    6. (6) Impose a duty upon a provider of an electronic store, gateway, marketplace, or other means of purchasing or downloading software or applications to review or enforce compliance with this section on those applications or software;
    7. (7) Impose a duty upon a provider of an interactive computer service to review or enforce compliance with this section by third-party content providers; or
    8. (8) Prohibit students from downloading, exporting, transferring, saving, or maintaining their own student data or documents.
  7. (g)
    1. (1) Any violation of this section shall be construed to constitute an unfair or deceptive act or practice affecting the conduct of trade or commerce under the Tennessee Consumer Protection Act of 1977, compiled in title 47, chapter 18, part 1, and shall be enforced solely by the attorney general and reporter in the attorney general's discretion. The attorney general and reporter shall have the authority to conduct civil investigations and bring civil actions, as provided in § 8-6-109 and title 8, chapter 6, part 4; and §§ 47-18-106 and 47-18-108.
    2. (2) In an action brought by the attorney general under this chapter, the court may award or impose any relief available under the Tennessee Consumer Protection Act of 1977.
Part 9 Tennessee Literacy Success Act
§ 49-1-901. Short title.
  1. This part shall be known and may be cited as the “Tennessee Literacy Success Act.”
§ 49-1-902. General assembly findings relative to student literacy — State policy.
  1. (a) The general assembly finds and declares that:
    1. (1) A literate society is essential to maintaining a free society;
    2. (2) There is a need to improve literacy rates across the state;
    3. (3) In 2019, Tennessee's third grade English language arts proficiency rate was thirty-six and nine-tenths percent (36.9%);
    4. (4) In 2019, Tennessee's eighth grade English language arts proficiency rate was twenty-seven and one-tenth percent (27.1%); and
    5. (5) In 2019, Tennessee ranked thirty-first in the nation in fourth grade reading proficiency and thirtieth in eighth grade reading proficiency.
  2. (b) It is the policy of this state that LEAs and the department of education move toward the goal of every public school student being able to read at an appropriate level before being promoted beyond the third grade.
§ 49-1-903. Part definitions.
  1. As used in this part:
    1. (1) “Department” means the department of education;
    2. (2) “Educator preparation provider” means an entity approved by the state board that is responsible for managing, operating, or coordinating programs for the preparation and licensure of teachers, school leaders, and other school personnel;
    3. (3) “Foundational literacy skills” means phonemic awareness, phonics, fluency, vocabulary, and comprehension;
    4. (4) “Foundational literacy skills instruction” means an evidence-based method of teaching students to read that includes phonemic awareness, phonics, fluency, vocabulary, and comprehension that enables students to develop the reading skills required to meet Tennessee's academic standards;
    5. (5) “Foundational literacy skills plan” means a proposal that details how an LEA or public charter school plans to provide foundational literacy skills instruction to students and reading interventions and supports, which may include interventions provided pursuant to Tennessee's response to instruction and intervention framework manual, to students identified as having a significant reading deficiency;
    6. (6) “Home literacy report” means a report provided to a student's parent by the LEA or public charter school describing the student's progress in foundational literacy skills;
    7. (7) “Parent” means a child's parent or guardian; a person who has custody of the child; or a person designated as the child's caregiver with the power of attorney for the care of the minor child pursuant to the Power of Attorney for Care of a Minor Child Act, compiled in title 34, chapter 6, part 3, who is authorized to enroll the child in public school pursuant to § 49-6-3001;
    8. (8) “Significant reading deficiency” means:
      1. (A) For students in kindergarten through grade three (K-3), that a student's score on a universal reading screener is within the range of scores determined by the department to demonstrate a lack of proficiency in foundational literacy skills; and
      2. (B) For students in grades four (4) or five (5), that a student scored below proficient in English language arts on the Tennessee comprehensive assessment program (TCAP) test most recently administered to the student;
    9. (9) “State board” means the state board of education;
    10. (10) “Tennessee universal reading screener” means the universal reading screener provided by the department; and
    11. (11) “Universal reading screener” means a uniform tool that screens and monitors a student's progress in foundational literacy skills.
§ 49-1-904. Identification of schools with low reading scores.
  1. The department of education shall identify schools with consistently low reading scores in kindergarten through grade twelve (K-12) and assure that measures for improvement are addressed in the schools' improvement plans.
§ 49-1-905. Foundational literacy skills for students kindergarten to grade three (K-3) — Use of textbooks and instructional materials from approved list — Administration of universal reading screeners — Notification to parents of reading deficiency — Foundational literacy skills plan.
  1. (a) Each LEA and public charter school shall provide:
    1. (1) Foundational literacy skills instruction to students in kindergarten through grade three (K-3). Foundational literacy skills instruction must be the LEA's primary form of instructional programming in English language arts; and
    2. (2) Reading interventions and supports designed to improve a student's foundational literacy skills to each student identified as having a significant reading deficiency. An LEA or public charter school may comply with this subdivision (a)(2) by providing the interventions identified in Tennessee's response to instruction and intervention (RTI) framework manual.
  2. (b)
    1. (1) To ensure that all textbooks and instructional materials used to teach students to read are based on foundational literacy skills instruction, each LEA and public charter school shall adopt and use English language arts textbooks and instructional materials from the list approved for adoption by the state board pursuant to § 49-6-2202, unless a waiver is granted to the LEA or public charter school pursuant to § 49-6-2206.
    2. (2) LEAs and public charter schools using English language arts textbooks or instructional materials from the list approved for adoption by the state board in 2019, or that received a waiver pursuant to § 49-6-2206 to use English language arts textbooks or instructional materials that were not included on the list approved for adoption in 2019, are not required to adopt or purchase additional English language arts textbooks or instructional materials to comply with subdivision (b)(1).
    3. (3) Notwithstanding subdivision (b)(2), all English language arts textbooks and instructional materials must be aligned to Tennessee's academic standards no later than January 1, 2023. The office of the comptroller of the treasury shall conduct a review of the English language arts textbooks and instructional materials adopted for use by each LEA and public charter school to ensure compliance with this subdivision (b)(3). The comptroller, or the comptroller's designee, shall submit a report detailing the findings of the review to the education committees of the senate and house of representatives no later than May 1, 2023.
    4. (4) Each LEA and public charter school shall annually provide approved educator preparation providers with a list of the English language arts textbooks and instructional materials adopted by the LEA or public charter school to ensure that the instruction provided by educator preparation providers is aligned with the English language arts instruction provided to students by LEAs and public charter schools.
  3. (c)
    1. (1) Each LEA and public charter school shall annually administer a universal reading screener to each student in kindergarten through grade three (K-3) during each of the three (3) administration windows established by the department.
    2. (2) An LEA or public charter school may choose to administer:
      1. (A) The Tennessee universal reading screener provided by the department or a universal reading screener approved by the state board to comply with subdivision (c)(1); and
      2. (B) A universal reading screener to pre-kindergarten students.
    3. (3) The department shall provide the Tennessee universal reading screener at no cost to LEAs or public charter schools. The Tennessee universal reading screener:
      1. (A) Must be appropriate for students in pre-kindergarten through grade three (pre-K-3); and
      2. (B) May be used by LEAs and public charter schools to comply with the dyslexia screening requirements established in § 49-1-229 and with the universal screening requirements established in Tennessee's RTI framework manual.
    4. (4) The department shall determine the reading proficiency level scores required for the Tennessee universal reading screener and each universal reading screener approved by the state board.
    5. (5) The results of universal reading screeners administered to students shall not be used to assign accountability determinations for an LEA or school.
    6. (6) Each LEA and public charter school shall submit the results of each universal reading screener administered to students to the department. All student information must be maintained in accordance with the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g), § 10-7-504, and all other applicable state and federal privacy laws.
  4. (d) Immediately upon determining that a student in kindergarten through grade three (K-3) has a significant reading deficiency, based on the results of the universal reading screener most recently administered to the student, the LEA or public charter school shall notify the student's parent in writing that the student has been identified to have a significant reading deficiency, and shall provide the student's parent with:
    1. (1) Information about the importance of a student being able to read proficiently at the end of the third-grade level;
    2. (2) Reading intervention activities that the parent may use with the parent's student at home to improve reading proficiency;
    3. (3) Information about the specific reading interventions and supports that the LEA or public charter school recommends for the student, which may include the interventions provided by the LEA or public charter school pursuant to Tennessee's RTI framework manual; and
    4. (4) Information about mandatory retention under § 49-6-3115(a)(1) for students in grade three (3) with an achievement level of “approaching” or “below” on the ELA portion of the student's most recent TCAP test.
  5. (e) An LEA or public charter school shall provide at least one (1) home literacy report:
    1. (1) After each administration of a universal reading screener to a student in any of the grades kindergarten through three (K-3) identified as having a significant reading deficiency; and
    2. (2) Each school year for a student in grade four (4) or five (5) identified as having a significant reading deficiency.
  6. (f) To demonstrate the effective implementation of foundational literacy skills instruction under this section, each LEA and public charter school shall develop, and submit to the department for approval, a foundational literacy skills plan for students in kindergarten through grade five (K-5). LEAs and public charter schools have flexibility and autonomy in developing a foundational literacy skills plan, but each foundational literacy skills plan must include, at a minimum:
    1. (1) The amount of daily time devoted to foundational literacy skills instruction and a description of how the instructional time is utilized;
    2. (2) The English language arts textbooks and instructional materials adopted by the LEA or public charter school pursuant to subsection (b);
    3. (3) The universal reading screener selected by the LEA or public charter school for administration to students to comply with subsection (c);
    4. (4) A description of the reading interventions and supports available to students with a significant reading deficiency for purposes of subdivision (d)(3);
    5. (5) How the LEA or public charter school intends to notify and engage parents in the parent's student's literacy progress pursuant to subsections (d) and (e); and
    6. (6) How the LEA or public charter school will provide professional development in foundational literacy skills instruction to teachers in any of the grades kindergarten through five (K-5).
  7. (g)
    1. (1) No later than June 1, 2021, each LEA and public charter school shall submit a foundational literacy skills plan to the department for approval. Each LEA and public charter school shall submit a revised foundational literacy skills plan to the department for approval no later than July 1, 2024, and triennially thereafter.
    2. (2) Notwithstanding subdivision (g)(1), an LEA or public charter school shall not be required to submit a revised foundational literacy skills plan if, on the date on which the foundational literacy skills plan or the revised foundational literacy skills plan is due under subdivision (g)(1), the LEA's or public charter school's Tennessee Value-Added Assessment System (TVAAS) data meets the following criteria:
      1. (A) The LEA's or public charter school's district-wide student growth data for fourth grade English language arts for the two (2) Tennessee comprehensive assessment program (TCAP) test administrations immediately preceding the date on which the foundational literacy skills plan or the revised foundational literacy skills plan is due under subdivision (g)(1) reflects an attainment level of “above expectations” or “significantly above expectations”; and
      2. (B) The LEA's or public charter school's student growth data for each individual student subgroup, as defined in Tennessee's Every Student Succeeds Act (ESSA) plan established pursuant to the Every Student Succeeds Act (20 U.S.C. § 6301 et seq.) and § 49-1-602, for fourth grade English language arts for the two (2) TCAP test administrations immediately preceding the date on which the foundational literacy skills plan or the revised foundational literacy skills plan is due under subdivision (g)(1) reflects an attainment level of “above expectations” or “significantly above expectations.”
    3. (3) Notwithstanding subdivision (g)(1), the department may require an LEA or public charter school to submit a revised foundational literacy skills plan more frequently than once every three (3) years if the LEA's or public charter school's TVAAS data meets the following criteria:
      1. (A) The LEA's or public charter school's student growth data for any school in the district, or any set of schools in the district, as determined by the department, for fourth grade English language arts for the two (2) TCAP test administrations immediately preceding the date on which the foundational literacy skills plan or the revised foundational literacy skills plan is due under subdivision (g)(1) reflects an attainment level of a “significantly below expectations”; or
      2. (B) The LEA's or public charter school's student growth data for each individual student subgroup, as defined in Tennessee's ESSA plan established pursuant to the Every Student Succeeds Act (20 U.S.C. § 6301 et seq.) and § 49-1-602, for fourth grade English language arts for the two (2) TCAP test administrations immediately preceding the date on which the foundational literacy skills plan or the revised foundational literacy skills plan is due under subdivision (g)(1) reflects an attainment level of “below expectations” or “significantly below expectations.”
    4. (4)
      1. (A) Each LEA and public charter school shall post the LEA's or public charter school's department-approved foundational literacy skills plan on the LEA's or public charter school's website.
      2. (B) The department shall post the foundational literacy skills plan approved for each LEA and public charter school on the department's website.
    5. (5)
      1. (A) The state board, in consultation with the department, shall promulgate rules to establish additional guidelines and requirements for foundational literacy skills plans, consistent with this subsection (g). The rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
      2. (B) The state board, in consultation with the department, may promulgate emergency rules to establish additional guidelines and requirements for foundational literacy skills plans, consistent with this subsection (g), for the 2021-2022 school year. The state board shall submit any emergency rules promulgated pursuant to this subdivision (g)(5)(B) to the chair of the government operations committees of the senate and house of representatives at least twenty-four (24) hours prior to filing the rules with the secretary of state.
    6. (6) The office of the comptroller of the treasury shall conduct a review of the foundational literacy skills plans submitted to the department for approval to ensure the plans comply with the requirements of subsection (f) and the rules promulgated by the state board. The comptroller, or the comptroller's designee, shall submit a report detailing the findings of the review, including, but not limited to, whether plans were initially approved or denied by the department, and the nature of any plan revisions or amendments required by the department for approval, to the chairs of the education committees of the senate and house of representatives no later than November 1, 2021, and by each November 1 thereafter.
  8. (h) An LEA or public charter school shall not use instructional materials created to align with common core academic standards in implementing the requirements of this section.
§ 49-1-906. Professional development courses on foundational literacy for teachers.
  1. (a) The department shall develop at least one (1) professional development course on foundational literacy skills instruction that is available, at no cost, to teachers in kindergarten through grade five (K-5) that may be used by teachers to earn professional development points.
  2. (b) By August 1, 2023, teachers in kindergarten through grade five (K-5) must complete at least one (1) professional development course on foundational literacy skills instruction approved by the department. Each LEA and public charter school shall approve professional development points, pursuant to the state board's educator licensure policies and rules, for at least one (1) department-approved literacy-based training completed by a teacher.
  3. (c) By August 1, 2022, the department shall develop a foundational literacy skills instruction course and accompanying instructional materials that may be used by high school students participating in a teaching-as-a-profession career pathway developed or facilitated by the department.
§ 49-1-907. Early grades reading report.
  1. The department of education shall annually submit to the education committee of the senate and the education committees of the house of representatives an early grades reading report. The reading report must include:
    1. (1) Statewide third grade reading scores;
    2. (2) The testing procedures used to evaluate reading proficiency;
    3. (3) The number of students retained in grades kindergarten through three (K-3);
    4. (4) The number of reading specialists in each LEA;
    5. (5) The types of reading intervention or enrichment programs offered in each LEA; and
    6. (6) Information on statewide reading initiatives.
§ 49-1-908. Reporting requirement regarding analysis of literacy, literacy instruction and affordability of educator preparation providers.
  1. (a) By July 1, 2024, the department, in partnership with the state board and the Tennessee higher education commission, must provide a report to the chairs of the education committees of the senate and the house of representatives regarding the implementation of chapter 3 of the Public Acts of 2021 (1st Ex. Sess.).
  2. (b)
    1. (1) By December 31, 2021, for purposes of consolidating existing information for the general assembly, the department must conduct the following review:
      1. (A) A landscape analysis of literacy in this state, including current practices, student achievement, instructional programming for students, and remediation services;
      2. (B) A landscape analysis of literacy instruction, including instructional programming and pedagogical practices utilized by educator preparation providers; and
      3. (C) A joint analysis, with the Tennessee higher education commission, regarding the affordability of educator preparation providers, including tuition affordability and net-tuition affordability for future educators and costs relative to educator preparation providers in other states; student loan and debt burdens of educator preparation provider graduates; financial barriers that may prevent postsecondary students and career changers from pursuing teaching as a profession; and the ability to reduce the costs of obtaining educator preparation and credentials.
    2. (2) Educator preparation providers approved by the state board must participate in the review.
    3. (3) By March 1, 2022, the results of the review must be reported to the state board and the chairs of the education committees of the senate and the house of representatives and posted on the department's website.
    4. (4) In conducting the review, all student information must be maintained in accordance with the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g), § 10-7-504, and all other applicable state and federal privacy laws.
§ 49-1-909. Competitive procurement policy.
  1. The department shall procure any good or service selected or approved by the department to effectuate this part competitively and in compliance with all state laws and administrative rules regarding the procurement of goods and services by state agencies, including §§ 12-3-101 – 12-3-104. The department shall submit all contracts for the procurement of any good or service selected or approved by the department to effectuate this part to the fiscal review committee of the general assembly for review according to the timelines and requirements established in § 4-56-107(b)(5)(A).
§ 49-1-910. Annual review — Report.
  1. The office of the comptroller of the treasury shall annually conduct a review of the implementation of this part. The department of education shall provide any information requested by the office of the comptroller of the treasury to the comptroller's office as soon as practicable. By November 1 of each year, the comptroller shall submit a report detailing the findings of the review to the chairs of the education committees of the senate and house of representatives and the state board of education and publish the report on the comptroller's website.
Part 10 Connie Hall Givens Coordinated School Health Improvement Act
§ 49-1-1001. Short title.
  1. This part shall be known and may be cited as the “Connie Hall Givens Coordinated School Health Improvement Act.”
§ 49-1-1002. Guidelines and standards — Requirements.
  1. (a) The commissioner of education, in consultation with the department of health and in accordance with its duties under title 68, chapter 1, part 12, shall develop guidelines based on the federal centers for disease control and prevention model for the implementation of a coordinated school health program. It is the intent that these guidelines serve as a model for LEAs in addressing the health needs of their students and improving student opportunities for academic achievement. Components of a coordinated school health program shall include, but not be limited to, health services, health education, school nutrition services, physical education, healthy school environment, school counseling, school psychological and social services, staff health and wellness, and family and community involvement to enhance student health. In formulating this program, the commissioner shall consider existing local school/local health departments and community collaborations to promote and support student health and wellness, as well as other state and local programs and initiatives in this area.
  2. (b) In developing the guidelines and standards, the following components must be included, notwithstanding the fact that the centers for disease control model for the implementation of a coordinated school health program contains such requirements:
    1. (1) The family life curriculum contained in chapter 6, part 13 of this title shall continue to be observed;
    2. (2) A parent or legal guardian who wishes to excuse the parent's or legal guardian's student from participating in a health screening provided as part of a coordinated school health program must submit a request in writing to the student's school nurse, instructor, school counselor, or principal. As used in this subdivision (b)(2), “health screening” includes vision, dental, blood pressure, and hearing screenings; and
    3. (3) To the extent permitted by state or federal law, any aspect of family planning or contraception shall be governed by § 68-1-1205 and the policies set by the local boards of education.
§ 49-1-1003. Connie Hall Givens coordinated school health program.
  1. (a) The department of education shall establish and administer the Connie Hall Givens coordinated school health program. An LEA shall annually submit a coordinated school health plan to the department for approval. Each coordinated school health plan must include how the LEA intends to spend funds for student health and wellness, how the LEA currently addresses the health needs of school children, and who will serve as the school health coordinator.
  2. (b) The plan shall give priority to school health as a means to assist in meeting the education performance indicators of § 49-1-211(a)(3). The plan shall be developed in accordance with the guidelines for a coordinated school health program developed by the commissioner. In developing the guidelines for the program, the commissioner is requested to consult with appropriate organizations involved in the areas of student health, health care and fitness. The guidelines and any proposed forms for applications shall be offered to the education committee of the senate and the education administration committee of the house of representatives for review and comment. Copies of local education plans may be offered to the education committee of the senate and the education administration committee of the house of representatives for informational purposes. The goal of the program shall be to help the LEAs establish a bona fide coordinated school health program that improves the overall health and wellness of students.
  3. (c) The annual report on school health to the governor and general assembly required by § 49-50-1602(a)(4) shall include information on progress toward the goal.
§ 49-1-1005. Coordination of school health programs, grants, and initiatives — Coordination of funding — Performance of health screening services under TennCare contracts.
  1. The department of education and the department of health shall coordinate existing school health programs, grants, and initiatives. To the extent possible in light of existing contracts and waiver requirements, funding, including TennCare funding, must likewise be coordinated. Schools should be encouraged and permitted to perform health screening services under TennCare contracts.
§ 49-1-1007. Report — Publication.
  1. By October 1, 2021, and each October 1 thereafter, the department shall provide a report to the education committee of the senate and the education instruction committee of the house of representatives, regarding the physical education programs and activity for each LEA. The department shall publish the report on the department's website. Upon the release of the report, the department shall encourage each school to use the results of the report and comparison to other schools in helping develop the school's overall wellness plan. In compiling the data used in the report, the department may use assessments developed by a nationally recognized nonprofit heart association.
Part 11 Child Care Programs
§ 49-1-1101. Approval of certain child care programs by commissioner.
  1. (a) The commissioner of education, acting through the commissioner's authorized agents and pursuant to regulations of the state board of education that are adopted pursuant to § 49-1-302(i), shall be responsible for inspecting and approving those child care programs subject to the state board's jurisdiction pursuant to § 49-1-302(i).
  2. (b) The commissioner has the authority to issue certificates of approval from the department of education for those child care programs that meet the child care standards of the board, and the commissioner shall be responsible for enforcing the board's standards for such programs.
§ 49-1-1102. Part definitions.
  1. As used in this part, unless the context otherwise requires:
    1. (1) “Care giver,” “care givers,” “care provider” or “care providers” means the person, persons, entity or entities directly responsible for providing for the supervision, protection and basic needs of the child;
    2. (2) “Child care” means the provision of supervision, protection and, at a minimum, the basic needs of a child or children for three (3) or more hours a day, but less than twenty-four (24) hours a day. Care for a child of twenty-four (24) hours duration is “residential child care,” which is licensed by the department of children's services pursuant to title 37, chapter 5, part 5. The department of human services licenses “child care agencies” providing child care in “child care centers,” “group child care homes” or “family child care homes” as defined in § 71-3-501;
    3. (3) “Child care program” means any place or facility operated by any person or entity that provides child care for children in a before or after school based program operated by a local board of education pursuant to § 49-2-203(b)(11), a public school administered early childhood education program, a church affiliated program operated pursuant to § 49-50-801, or a federally funded early childhood education program such as a Title I program, a school-administered head start or an even start program, state-approved Montessori school programs and a program operated by a private school as defined by § 49-6-3001(c)(3)(A)(iii);
    4. (4) “Child or children” means a person or persons under eighteen (18) years of age;
    5. (5) “Commissioner” means the chief administrative officer in charge of the department of education; and
    6. (6) “Department” means the department of education.
§ 49-1-1103. Basis for approval — Regulations — Certificate application — Temporary certificate — Nontransferability of certificate — Transfer of operation to circumvent approval laws or regulations — Issuance of extended certificate.
  1. (a)
    1. (1) All persons or entities operating a child care program must be certified by the department of education as provided by this part.
    2. (2)
      1. (A) The state board of education has authority to issue regulations pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, for the issuance of certificates of approval of any persons or entities subject to this part and enforcement of appropriate standards for the health, safety and welfare of children in their care.
      2. (B) To the extent not inconsistent with this part, the regulations of the department that are in effect on July 1, 2000, shall remain in force and effect until modified by regulatory action of the department.
    3. (3) The state board of education's regulations of child care programs shall be developed and the continued approval of the certification status of a child care program shall be based upon the following criteria:
      1. (A) The safety, welfare and best interests of the children in the care of the program;
      2. (B) The capability, training and character of the persons providing or supervising the care to the children;
      3. (C) The quality of the methods of care and instruction provided for the children;
      4. (D) The suitability of the facilities provided for the care of the children; and
      5. (E) The adequacy of the methods of administration and the management of the child care program, the program's personnel policies and the financing of the program.
  2. (b)
    1. (1) The department shall assist applicants or certificate holders in meeting the child care standards of the department, unless the circumstances demonstrate that further assistance is not compatible with the continued safety, health or welfare of the child in the program's care and that disapproval of the program's certificate is warranted.
    2. (2) If a certificate holder is denied the renewal of a certificate or if the certificate is revoked, or if any applicant for a certificate cannot meet the standards, then the department shall offer reasonable assistance to the parents, guardians or custodians of the child in the planning for the placement of the child in other child care programs, in licensed child care agencies or in other suitable care.
  3. (c) Application for a certificate to operate a child care program shall be made in writing to the department in the manner that the department determines.
  4. (d)
    1. (1) If the department determines that the applicant has presented satisfactory evidence that the facility that is proposed for the care of children has received fire safety and environmental safety approval, that the applicant and the personnel who will care for the children are capable in all substantial respects to care for the children and that the applicant has the ability and intent to comply with the certificate of approval law and regulations, the department shall issue a temporary certificate of approval to the applicant.
    2. (2)
      1. (A) The purpose of the temporary certificate is to permit the certificate applicant to demonstrate to the department that it has complied with all approval laws and regulations applicable to its classification prior to issuance of an initial annual certificate of approval.
      2. (B) If the department determines that the conditions of the applicant's facility, its methods of care or other circumstances warrant, it may issue a restricted certificate that limits the program's authority in one (1) or more areas of operation.
      3. (C) Within ninety (90) days of the issuance of the temporary certificate, the department shall determine if the applicant has complied with all regulations governing the classification of the child care program for which the application was made.
    3. (3) The department may extend the temporary certificate for a period of forty-five (45) days if the department determines that the applicant has clearly demonstrated that it intends to, and will be able to, achieve compliance with all approval laws and regulations within the forty-five-day extension period and if the safety and welfare of the children in care of the applicant are not compromised by the extension.
    4. (4)
      1. (A)
        1. (i) If the department determines that the applicant for any certificate of approval has complied with all licensing regulations for the classification of child care program for which application was made, the department shall issue an annual certificate of approval.
        2. (ii) If the department determines that the conditions of the applicant's facility, its methods of care or other circumstances warrant, it may issue a restricted certificate that limits the agency's authority in one (1) or more areas of operation.
      2. (B) The certificate holder shall post the certificate in a clearly visible location as determined by the department so the parents or other persons visiting the program can readily view the certificate and all of the information on the certificate.
      3. (C)
        1. (i) The certificate shall describe the ownership or controlling entity of the child care program, the person who is charged with the day-to-day management of the child care program, and, if the program is owned by a person other than the director or if the program is under the ownership, direction or control of any person or entity who is not also the on-site director or manager of the program, the certificate shall also state the corporate or other name of the controlling person or entity, its address and telephone number where the parents, guardians or custodians may have contact regarding the program's operations.
        2. (ii) If the child care program is operated by a public school or a private nonprofit entity and is subject to the control or direction of a school board, or board of directors or other oversight authority, the certificate shall list the name, address and telephone number of the administrative officer in charge of the program or the administrative officer's designee or, if the child care program is not operated by a school system, the chair of the board or other chief executive officer of such controlling body.
    5. (5) In granting any certificate, the department may limit the total number of children who may be enrolled in the program, regardless of the program's physical capacity or the size of its staff.
    6. (6) If the department fails to issue or deny an annual certificate or extend the temporary certificate within ninety (90) days of the granting of the temporary certificate, the temporary certificate shall continue in effect, unless suspended, as provided in § 49-1-1107, until such determination is made. If an annual certificate of approval is denied following the issuance of a temporary certificate of approval, and if a timely appeal is made of the denial of the annual certificate of approval, the temporary certificate of approval shall remain in effect, unless suspended, until the advisory council renders a decision regarding the denial of the annual certificate of approval.
    7. (7) If a temporary certificate is denied, or if an annual certificate is denied or restricted, the applicant may appeal the denial or restriction as provided in § 49-1-1107.
  5. (e)
    1. (1) Except as provided in this subsection (e), no certificate for a child care program shall be transferable, and the transfer by sale or lease, or in any other manner, of the operation of the program to any other person or entity shall void the existing certificate immediately and any pending appeal involving the status of the certificate and the program shall be required to close immediately. If the transferee has made application for and is granted a temporary certificate, the program may continue operation under the direction of the new certificate holder. The new certificate holder in such circumstances may not be the transferor or any person or entity acting on behalf of the transferor.
    2. (2) If the department determines that any person or entity has transferred nominal control of a program to any persons or entities who are determined by the department to be acting on behalf of the purported transferor in order to circumvent a history of violations of the certificate law or regulations or to otherwise attempt to circumvent the certificate law or regulations or any prior certificate actions instituted by the department, the department may deny the issuance of any certificate to the applicant. The denial of the certificate may be appealed as provided in § 49-1-1107.
    3. (3)
      1. (A) The certificate of any program shall not be voided nor shall any pending appeal be voided pursuant to this subsection (e) solely for the reason that the program is subject to judicial orders directing the transfer of control or management of a child care program or its certificate to any receiver, trustee, administrator or executor of an estate, or any similarly situated person or entity.
      2. (B) If the current certificate holder dies, and provided that no certificate violations require the suspension, denial or revocation of the agency's certificate, the department may grant family members of the certificate holder, or administrators or executors of the certificate holder, a temporary certificate to continue operation for a period of ninety (90) days. At the end of such period, the department shall determine whether an annual or extended certificate should be granted to a new certificate holder as otherwise provided in this section.
      3. (C) Nothing in this subsection (e) shall be construed to prevent the department from taking any regulatory or judicial action as may be required pursuant to the certificate laws and regulations that may be necessary to protect the children in the care of such program.
  6. (f)
    1. (1) Following the expiration of at least one (1) annual certificate, the department may issue an extended certificate to a certificate holder who seeks renewal of an existing certificate, if the department determines that the certificate holder has demonstrated that its methods of child care and its adherence to laws and regulations governing certificates for child care programs are clearly appropriate to justify an extended certificate period. An extended certificate of approval may not be granted as the first certificate immediately following any temporary certificate of approval.
    2. (2) The department may by rule establish any criteria for the issuance of an extended certificate; provided, that no extended certificate shall exceed three (3) years' duration.
    3. (3) At the time renewal of the certificate is sought, or at any other time during the certificate period, the department may reduce the period of the extended certificate to a shorter period if it determines that the certificate holder has failed to demonstrate continued adherence to the requirements for the issuance of the extended certificate. The certificate holder may appeal such action as provided in § 49-1-1107.
    4. (4) The issuance of an extended certificate shall not be construed in any manner to prevent the department from suspending or revoking the certificate, or placing a child care program on probation, if it determines that such action is appropriate.
§ 49-1-1104. Injunctions against unapproved operations.
  1. (a) The department may, in accordance with the laws of this state governing injunctions, maintain an action in the name of the state to enjoin any person, partnership, association, corporation or other entity from establishing, conducting, managing or operating any place or facility providing services to children without having a certificate as required by law, or from continuing to operate any such place or facility following suspension of a certificate or following the effective date of the denial or revocation of a certificate.
  2. (b) In charging any defendant in a complaint for injunction, it shall be sufficient to charge that the defendant did, upon a certain day and in a certain county, establish, conduct, manage or operate a place, home or facility of any kind that is a child care program as defined in this part or to charge that the defendant is about to do so without having in effect a certificate as required by law, or that the defendant continues to operate any such place or facility following suspension of a certificate, or following the effective date of the denial or revocation of a certificate, without averring any further or more particular facts concerning the case. Refusal to obey the inspection order may be punished as contempt.
§ 49-1-1105. Criminal violations.
  1. (a) Any person or entity operating a child care program without being certified by the department or who continues to operate such program while a suspension of the certificate is in effect, or who operates a child care program following the effective date of a denial or revocation of a certificate, commits a Class A misdemeanor.
  2. (b) Each day of operation without an effective certificate constitutes a separate offense.
  3. (c)
    1. (1) It is unlawful for any person who is an operator, certificate holder or employee of a child care program to make any statement, whether written or verbal, to a parent or guardian of a child in the care of such program, to any state or local official having jurisdiction over such program, or to any law enforcement officer, knowing the statement is false, including, but not limited to, statements regarding:
      1. (A) The number of children in the child care program;
      2. (B) The area of the child care program used for child care; or
      3. (C) The credentials, licensure or qualification of any care giver, employee, substitute or volunteer of the child care program.
    2. (2) In order for subdivision (c)(1) to apply, the falsity of the statement must place at risk the health or safety of a child in the care of the child care program.
    3. (3) A violation of subdivision (c)(1) is a Class A misdemeanor.
    4. (4) This subsection (c) includes statements made in any child care program certificate application that misrepresents or conceals a material fact that would have resulted in the certificate being denied.
    5. (5) In addition to any punishment authorized under this subsection (c), the department may also take any certificate action authorized under this part.
§ 49-1-1106. Inspection of persons or entities providing child care.
  1. (a) It is the duty of the department, through its duly authorized agents, to inspect at regular intervals, without previous notice, all child care programs or suspected child care programs.
  2. (b)
    1. (1) The department is given the right of entrance, privilege of inspection, access to accounts, records and information regarding the whereabouts of children under care for the purpose of determining the kind and quality of the care provided to the children and to obtain a proper basis for its decisions and recommendations.
    2. (2) If refused entrance for inspection of a certified or suspected child care program, the chancery or circuit court of the county where the approved or suspected child care program may be located may issue an immediate ex parte order permitting the department's inspection upon a showing of probable cause, and the court may direct any law enforcement officer to aid the department in executing the order and inspection. Refusal to obey the inspection order may be punished as contempt.
    3. (3) Except where court orders prohibit or otherwise limit access, parents or other caretakers of children in the care of a child care program certified pursuant to this part shall be permitted to visit and inspect the facilities and observe the methods for the care of their children at any time during which the children are in the care of the program and, except those records of other children and their parents or caretakers, shall further be permitted to inspect any records of the program that are not privileged, or are not otherwise confidential, as provided by law or regulation, and the parents' or caretakers' access for these purposes shall not be purposely denied by the program.
  3. (c) Any violation of the rights given in this section is a Class A misdemeanor.
§ 49-1-1107. Investigation of complaints regarding violations — Probation — Appeal procedures — Orders of assessment — Civil penalties, suspension, denial, and revocation of certificates.
  1. (a) If any complaint is made to the department concerning any alleged violation of the laws or regulations governing a child care program, the department shall investigate the complaint and shall take such action as it deems necessary to protect the children in the care of the program.
  2. (b)
    1. (1) If, during the certificate period, the department determines that a child care program is not in compliance with the laws or regulations governing its operation, and if after reasonable written notice to the program of the violation, the department determines that the violation remains uncorrected, the department may place the certified program on probation for a definite period of not less than thirty (30) days nor more than sixty (60) days as determined by the department, and the department shall require the posting by the program of the notice of probation. The department shall provide the program a written basis describing the violation of the certificate rules that support the basis for the probationary status.
    2. (2)
      1. (A) If placed on probation, the program shall immediately post a copy of the probation notice, together with a list provided by the department of the violations that were the basis for the probation, in a conspicuous place as directed by the department and with the program's certificate, and the program shall immediately notify in writing the custodians of each of the children in its care of the program's status, the basis for the probation and of the program's right to an informal review of the probationary status.
      2. (B) If the program requests an informal review within two (2) business days of the imposition of probation, either verbally or in writing, to the department's program staff that imposed the probation, the department shall informally review the probationary status by a child care program staff person or other designee who was not involved in the decision to impose the probation. The program may submit any written or oral statements as argument to the child care program staff person or designee within five (5) business days of the imposition of the probation. Written and oral statements may be received by any available electronic means. The child care program staff person or designee shall render a decision in writing upholding, modifying or lifting the probationary status within seven (7) business days of the imposition of the probation.
    3. (3) If the child care program staff person or designee did not lift the probation under subdivision (b)(2)(B), the program may also appeal such action in writing to the commissioner within five (5) business days of the receipt of the notice of the child care program staff's or designee's decision regarding the program's probationary status as determined in subdivision (b)(2)(B). If timely appealed, the department shall conduct an administrative hearing pursuant to the contested case provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3, concerning the department's action within fifteen (15) business days of receipt of the appeal, and shall render a decision in writing within seven (7) business days following conclusion of the hearing. The hearing officer may uphold, modify or lift the probation.
    4. (4) This subsection (b) shall be discretionary with the department, and shall not be a prerequisite to any certificate action, to impose a civil penalty or to suspend, deny or revoke a certificate of a child care program.
  3. (c)
    1. (1) If the department determines that there exists any violation with respect to any person or entity required to be approved pursuant to this part, the department may assess a civil penalty against such person or entity for each separate violation of a statute, rule or order pertaining to such person or entity in an amount ranging from fifty dollars ($50.00) for minor violations up to a maximum of one thousand dollars ($1,000) for major violations or violations resulting in death or injury to a child as defined in the rules of the department. Each day of continued violation constitutes a separate violation.
    2. (2) The department shall by rule establish a graduated schedule of civil penalties designating the minimum and maximum civil penalties that may be assessed pursuant to this subsection (c). In developing the graduated civil penalty procedure, the following factors may be considered:
      1. (A) Whether the amount imposed will be a substantial economic deterrent to the violator;
      2. (B) The circumstances leading to the violation and the program's history of violations;
      3. (C) The extent of deviation from the statutes, rules or orders governing the operation of the child care program, the severity of the violation, including specifically the level of risk of harm to the children in care of the person or entity caused by the violation, and the penalty may be further classified based upon whether the violation resulted in the issuance of an order of summary suspension, denial or revocation of the certificate of the program and whether death or injury of a child occurred as a result of violation;
      4. (D) The economic benefits gained by the violator as a result of noncompliance;
      5. (E) The program's efforts to comply with the licensing requirements; and
      6. (F) The interest of the public.
    3. (3) The department shall assess the civil penalty in an order that states the reasons for the assessment of the civil penalty, the factors used to determine its assessment and the amount of the penalty.
    4. (4) The order may be served on the certificate holder personally by an authorized agent of the department who shall complete an affidavit of service, or the order may be served by certified mail, return receipt requested.
    5. (5) The certificate holder may appeal the penalty to the child care advisory council by filing a request for an appeal in writing with the commissioner within ten (10) days of the service of the order.
    6. (6)
      1. (A) Civil penalties assessed pursuant to this subsection (c) shall become final ten (10) days after the date an order of assessment is served if not timely appealed, or, if timely appealed, within seven (7) days following entry of the child care advisory council's order unless the order is stayed.
      2. (B) If the violator fails to pay an assessment when it becomes final, the department may apply to the chancery court for a judgment and seek execution of the judgment.
      3. (C) Jurisdiction for recovery of such penalties shall be in the Chancery Court of Davidson County.
    7. (7) All sums recovered pursuant to this subsection (c) shall be paid into the state treasury, but shall be earmarked to be used by the department exclusively to improve child care quality in this state by funding activities that include, but are not limited to, child care provider training activities, but excluding any costs associated with conducting criminal background checks.
    8. (8) The provisions of this subsection (c) relative to civil penalties shall be discretionary with the department, and shall not be a prerequisite to any certificate action to suspend, deny or revoke a certificate of a child care program. Civil penalties may also be imposed in conjunction with the probation, suspension, denial or revocation of a certificate.
  4. (d)
    1. (1) If the department determines that any applicant for a conditional certificate or for the renewal of an existing certificate has failed to attain, or an existing certificate holder has failed to maintain, compliance with certificate laws or regulations after reasonable notice of such failure and a reasonable opportunity to demonstrate compliance with certificate laws or regulations, the department may deny the application for the new or renewed certificate or may revoke the existing certificate; provided, that the department at any time may deny a conditional certificate if the applicant fails to meet the initial requirements for its issuance; and provided, further, if the department determines that repeated or serious violations of certificate laws or regulations warrant the denial or revocation of the certificate, then, notwithstanding any provisions of § 4-5-320 or this subsection (d) to the contrary, the department may seek denial or revocation of the certificate regardless of the program's demonstration of compliance either before or after the notice of denial of the application or after notice of the revocation.
    2. (2) Notwithstanding § 4-5-320, the notice of denial or revocation may be served personally by an authorized representative of the department who shall verify service of the notice by affidavit, or the notice may be served by certified mail, return receipt requested.
    3. (3) If application for the temporary, annual or extended certificate is denied or if an existing certificate is revoked, the applicant may appeal the denial or revocation by requesting in writing to the department a hearing before the child care advisory council within ten (10) days of the personal delivery or mailing date of the notice of denial or revocation. Failure to timely appeal shall result in the expiration of any existing certificate immediately upon the expiration of the time for appeal.
    4. (4) The hearing upon the denial or revocation shall be heard by the child care advisory council within thirty (30) days of the date of service of the notice of denial or revocation; provided, that, for good cause as stated in an order entered on the record, the council or the administrative law judge may continue the hearing. In order to protect the children in the care of the program from any risk to their health, safety and welfare, the council or administrative law judge shall reset the hearing at the earliest date that circumstances permit.
    5. (5)
      1. (A) If timely appeal is made, pending the hearing upon the denial or revocation, the child care program may continue to operate pending the decision of the council unless the certificate is summarily suspended as provided in subsection (e).
      2. (B) The council, as part of its decision regarding the status of the applicant's application for a certificate or the certificate holder's certificate, may direct that the child care program be allowed to operate on a probationary or conditional status, or may grant or continue the certificate with any restrictions or conditions on the program's authority to provide care.
  5. (e)
    1. (1) Subject to this subsection (e), if the department determines at any time that the health, safety or welfare of the children in care of the child care program imperatively requires emergency action, and incorporates a finding to that effect in its order, summary suspension of the certificate may be ordered by the department pending any further proceedings for revocation, denial or other action. If the department determines that revocation or denial of the certificate is warranted following suspension, those proceedings shall be promptly instituted and determined as authorized by this part.
    2. (2) The department shall set forth with specificity in its order the legal and factual basis for its decision stating in the order the specific laws or regulations that were violated by the program, and shall state with specificity in the order the reasons that the issuance of the order of summary suspension is necessary to adequately protect the health, safety or welfare of children in the care of the child care program. Summary suspension may be ordered in circumstances that have resulted in death, injury or harm to a child or that have posed or threatened to pose a serious and immediate threat of harm or injury to a child based upon the intentional or negligent failure to comply with licensing laws or regulations.
    3. (3) In issuing an order of summary suspension of a certificate the department shall use, at a minimum, the following procedures:
      1. (A) The department shall proceed with the summary suspension of the program's certificate and shall notify the certificate holder of the opportunity for an informal hearing within three (3) business days of the issuance of the order of summary suspension before the department;
      2. (B) The notice provided to the certificate holder may be provided by any reasonable means and, consistent with subdivision (e)(2), shall inform the certificate holder of the reasons for the action or intended action by the department and of the opportunity for an informal hearing as permitted by subdivision (e)(3)(C);
      3. (C) The informal hearing described by this subdivision (e)(3) shall not be required to be held under the contested case provisions of the Uniform Administrative Procedures Act, compiled at title 4, chapter 5, part 3. The hearing is intended to provide an informal, reasonable opportunity for the certificate holder to present to the hearing official the certificate holder's version of the circumstances leading to the suspension order. The sole issues to be considered are whether the public health, safety or welfare imperatively required emergency action by the department and what, if any, corrective measures have been taken by the child care agency following the violation of licensing laws or regulations and prior to the issuance of the order of summary suspension that eliminate the danger to the health, safety or welfare of the children in the care of the agency. The hearing official may lift, modify or continue the order of summary suspension; and
      4. (D) Subsequent to the hearing on the summary suspension, the department may proceed with revocation or denial of the certificate or other action as authorized by this part, regardless of the decision concerning summary suspension of the certificate.
    4. (4) The department shall by rule establish any further necessary criteria that it determines are required for the determination of circumstances that warrant imposition of the summary suspension order and any other necessary procedures for implementation of the summary suspension process.
    5. (5) If the conditions existing in the child care program present an immediate threat to the health, safety or welfare of the children in care, the department may also seek a temporary restraining order from the chancery or circuit court of the county in which the child care program is located seeking immediate closure of the program to prevent further harm or threat of harm to the children in care, or immediate restraint against any violations of the certificate laws or regulations that are harming or that threaten harm to the children in care. The department may seek any further injunctive relief as permitted by law in order to protect children from the violations, or threatened violations of the certificate laws or regulations. The use of injunctive relief as provided by this subdivision (e)(5) may be used as an alternative, or supplementary measure, to the issuance of an order of summary suspension or any other administrative proceeding.
  6. (f)
    1. (1) In determining whether to deny, revoke or summarily suspend a certificate, the department may choose to deny, revoke or suspend only certain authority of the certificate holder to operate and may permit the certificate holder to continue operation, but may restrict or modify the certificate holder's authority to provide certain services or perform certain functions, including, but not limited to transportation or food service, enrollment of children at the program, the program's hours of operation, the program's use of certain parts of the program's physical facilities or any other function of the child care program that the department determines should be restricted or modified to protect the health, safety or welfare of the children. The child care advisory council, in considering the actions to be taken regarding the certificate, may likewise restrict a certificate or place whatever conditions on the certificate and the certificate holder it deems appropriate for the protection of children in the care of the program.
    2. (2) The actions by the department or the council authorized by subdivision (f)(1) may be appealed as otherwise provided in this part for any denial, revocation or suspension.
  7. (g)
    1. (1) When an application for a certificate has been denied, or a certificate has been revoked, on one (1) occasion, the child care program may not reapply for a certificate for a period of one (1) year from the effective date of the denial or revocation order if not appealed, or, if appealed, from the effective date of the council's or reviewing court's order.
    2. (2) If application for a certificate has been denied, or a certificate has been revoked, on two (2) occasions, the child care program may not reapply for a certificate for a period of two (2) years from the effective date of the denial or revocation if not appealed or, if appealed, from the effective date of the council's or reviewing court's order.
    3. (3) If an application for a certificate has been denied, or a certificate has been revoked on three (3) occasions, the child care program shall not receive another certificate for the care of children.
    4. (4) No person who served as full or part owner or as director or as a member of the management of a child care program shall receive a certificate to operate a child care program if that person participated in such capacity in a child care program that has been denied a certificate, or that had a certificate revoked, on three (3) occasions.
    5. (5)
      1. (A) The time restrictions of subdivisions (g)(1) and (2) may be waived by the child care advisory council in the hearing in which the denial or revocation is sustained, or, if requested by the former certificate holder in writing to the commissioner, in a separate subsequent hearing before the child care advisory council or, in the discretion of the commissioner, upon review by the commissioner.
      2. (B) The program must show to the council's or the commissioner's satisfaction that the program has corrected the deficiencies that led to the denial or revocation, and that the child care program can demonstrate that it has the present and future ability, and is willing, to maintain compliance with certificate laws or regulations. The decision of the council or the commissioner shall be reduced to an order, which shall be a final order pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3, and may be appealed pursuant to § 4-5-322.
      3. (C) No waiver may be granted for any permanent restriction that has been imposed pursuant to subdivision (g)(3).
  8. (h)
    1. (1) In conducting hearings before the child care advisory council on the appeal of the denial or revocation of a certificate or for review of summary suspension orders, it is the legislative intent that such hearings be promptly determined consistent with the safety of the children in the care of the child care program appealing the department's certificate action and with the due process rights of the certificate applicants or certificate holders.
    2. (2) If, however, the administrative procedures division of the office of the secretary of state certifies by letter to the recording secretary of the child care advisory council that the division's contested case docket prevents the scheduling of a hearing on the appeal of a denial or revocation of a certificate before the child care advisory council within the initial time frames set forth in this part, then the department shall have the authority to appoint a hearing officer to conduct the proceedings before the council. The substitute hearing officer shall have all authority as an administrative law judge of the department of state. The hearing may be continued by order of the council for the purpose of obtaining a substitute hearing officer.
    3. (3) Hearings on summary suspension orders shall be heard by a hearing officer of the department. Such hearing officer shall have authority, as otherwise permitted in this section, to enter orders binding on the department resulting from show cause hearings involving summary suspension orders.
  9. (i) Rules shall be promulgated pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
§ 49-1-1108. Annual report.
  1. (a) Each child care program shall submit to the commissioner an annual report.
  2. (b) The report shall consist of:
    1. (1) Identification information;
    2. (2) Current enrollment figures;
    3. (3) Self-reporting on mandatory regulations;
    4. (4) Current certification status; and
    5. (5) Additional information as determined by the department.
  3. (c) Any entity not completing the annual report by October 1, shall receive notice of such failure and, if the report is not filed within thirty (30) days of the date of mailing of the notice, the certificate of approval shall be suspended immediately, pending receipt of the report.
§ 49-1-1109. Collaboration with department of human services for training — Funding and technical assistance.
  1. (a) The departments of education and human services shall collaborate regarding the following areas relative to child care:
    1. (1) Access to appropriate training opportunities that are provided through the Tennessee early childhood training alliance;
    2. (2) Representation in committees and work groups that are responsible for planning funding allocations for child care development block grant funds;
    3. (3) Recognition of department of education programs on the department of human services' resource and referral system;
    4. (4) Eligibility of department of education-monitored programs for child care certificate funds;
    5. (5) Dual access to child care provider data in order to maintain the current status of child care service broker information;
    6. (6) The planning and coordination of annual meetings between staff of the child care services division of the department of human services and the department of education for the purpose of advancing the quality of child care in this state;
    7. (7) Access to training and technical assistance from the child care resource center; and
    8. (8) Training that might be developed through any of the child care programs monitored by the department of education.
  2. (b) The department of education shall require departmental employees who conduct on-site inspections of child care programs to periodically participate in the training activities conducted by the department of human services for inspectors of that department's child care programs.
Part 12 Tennessee Educators Protection Act
§ 49-1-1201. Short title.
  1. This part shall be known and may be cited as the “Tennessee Educators Protection Act.”
§ 49-1-1202. Legislative findings — Applicability.
  1. The general assembly finds that ensuring the quality of elementary and secondary education in Tennessee is a compelling state interest. The filing of meritless litigation against teachers, administrators, and other school employees interferes with the quality of public and private education, particularly where the litigation arises out of the good faith efforts of educators to maintain classroom discipline or to address threats to student safety. Meritless litigation also diverts a school's financial and personnel resources to litigation defense activities, which reduces the availability of those resources for educational opportunities for students. The general assembly finds that legislation to deter the filing of meritless litigation and to sanction deliberately false reports levied against educators is a rational and appropriate method to serve this compelling state interest. This part is intended to reflect and expand upon federal educator protection statutes. This part does not apply to public or private educators who have been convicted of a crime or who have been terminated for misconduct.
§ 49-1-1203. Part definitions.
  1. As used in this part:
    1. (1) “Educational entity” means the state board of education, department of education, and any other body, board, or agency that governs a public or private elementary or secondary school, and includes, but is not limited to, local education agencies and local boards of education; and
    2. (2) “Employee” means:
      1. (A) An individual who is elected or appointed to an educational entity;
      2. (B) An individual who is an employee of an educational entity or who provides student-related services to an educational entity on a contractual basis; or
      3. (C) An authorized volunteer who provides student-related services to an educational entity.
§ 49-1-1204. Immunity from civil liability for acts or reports relating to students.
  1. (a) An employee is not civilly liable for taking any action related to the control, grading, suspension, expulsion, or discipline of a student that occurs while the student is on the property of the educational entity or under the supervision of the educational entity or the employee unless that action violates a law, rule, or clearly articulated state or school policy. The plaintiff bears the burden of proving by a preponderance of the evidence that the action of the employee violated a law, rule, or clearly articulated state or school policy.
  2. (b) An employee is not liable for making a report consistent with federal or state law to the appropriate law enforcement authorities, or to an official of an educational entity, if the individual making the report has reasonable grounds to suspect that a student is:
    1. (1) Under the influence of alcohol or a controlled substance that is not lawfully prescribed to the student;
    2. (2) Involved in the illegal solicitation, sale, or distribution of alcohol or a controlled substance; or
    3. (3) Involved in any other illegal activity.
§ 49-1-1205. No liability for punitive or exemplary damages for acts or omissions that occur within course and scope of employment.
  1. An employee is not liable for punitive or exemplary damages for acts or omissions that occur within the course and scope of the employee's employment. For purposes of this section, an employee who acts with the specific intent to cause harm is not acting within the course and scope of the employee's employment.
§ 49-1-1206. Civil action for damages by employee.
  1. (a) An employee may file a civil action for damages against any person eighteen (18) years of age or older who acts with the specific intent to cause harm by making an accusation of criminal activity the person knows or should know is false against that employee to law enforcement authorities, school district officials, or school district personnel.
  2. (b) An employee may file a civil action for damages against the parent, guardian, or legal custodian of a student of the employee, if the student, who is under eighteen (18) years of age, acts with specific intent to cause harm to another by making an accusation of criminal activity the person knows or should know is false against that employee to law enforcement authorities, school district officials, or school district personnel.
  3. (c) Any student found by a court with jurisdiction over an action filed pursuant to subsection (a) or (b) to have acted with the specific intent to cause harm by making an accusation of criminal activity the person knows or should have known is false against an employee to law enforcement authorities, school district officials, or school district personnel may be subject to one (1) or more of the following disciplinary actions, to be determined by the student's school:
    1. (1) Expulsion;
    2. (2) Suspension for a period of time;
    3. (3) Community service; or
    4. (4) Any other disciplinary action deemed appropriate by the school.
  4. (d) This section does not apply to statements made regarding individuals elected or appointed to a local board of education.
  5. (e) This section does not limit the civil or criminal liability of any person who makes a statement the person knows or should know is false alleging criminal activity by others.
§ 49-1-1207. Insurance not waiver of defense.
  1. Except as otherwise provided by statute, the existence of any policy of insurance indemnifying an educational entity against liability for damages is not a waiver of any defense that is available to the employee in defense of any claim.
§ 49-1-1208. Scope of part.
  1. (a) This part does not limit, modify, or supersede title 29, chapter 39.
  2. (b) This part does not infringe on any right or protection provided under the Individuals with Disabilities Education Act (20 U.S.C. § 1400 et seq.), or Section 504 of the Rehabilitation Act (29 U.S.C. § 794). Nothing in this part applies to an action brought under federal or state law by a student or the student's parent or representative based on the student's disability.
Chapter 2 Local Administration
Part 1 General Provisions
§ 49-2-101. County legislative bodies — Powers and duties.
  1. The duties of the county legislative body shall be to:
    1. (1)
      1. (A) Consider, in those counties not having adopted the Local Option Budgeting Law of 1993, compiled in title 5, chapter 12, part 2, and not included in chapter 550, §§ 7-21 of the Public Acts of 1989, on the recommendation of the county board of education, school budgets for the county elementary and county high schools, and provide necessary funds to enable the county board to meet all obligations under the adopted budgets;
      2. (B) Adopt a budget for the operation of county schools in accordance with chapter 550, §§ 7-21 of the Public Acts of 1989, in those counties included in chapter 550, §§ 7-21 of the Public Acts of 1989, or in any county that, by private act, adopts similar provisions to those contained in chapter 550, §§ 7-21 of the Public Acts of 1989;
      3. (C) Adopt a budget for the operation of county schools in accordance with the Local Option Budgeting Law of 1993, if applicable. Notwithstanding any other law to the contrary, any budget approved under the Local Option Budgeting Law of 1993, shall also be approved by the local board of education prior to becoming effective; and
      4. (D) Make revenue estimates and determine the level of revenue necessary to establish a budget for the operation of county schools that is at least equal to the minimum budget required to comply with the local match and maintenance of effort provisions of the Tennessee investment in student achievement formula (TISA) under chapter 3, part 1 of this title;
    2. (2) Require the county board of education, through the county director of schools, to make a quarterly report of the receipts and expenditures of the public school funds, the needs of the county elementary and the county high schools, the progress made in their development and other information as to the administration of the public schools that it may require;
    3. (3) Require its finance committee to examine the accounts of the county board of education quarterly, or at any other time it may appear that the county board is misusing any of the public school funds, or exceeding the budget adopted by the county legislative body; or it may appoint a competent auditor to make the examination, the cost of the examination to be paid out of county funds;
    4. (4) Submit to the voters of the county, at any regular session, or at any special session called for that purpose, the proposition to issue bonds for the purpose of purchasing grounds, erecting and furnishing school buildings, and, upon the affirmative vote of the majority cast in the election, issue the bonds in accord with the proposition;
    5. (5) Levy such tax as may be necessary to pay interest on bonds and provide a sinking fund to retire the bonds at maturity;
    6. (6) Levy such taxes for county elementary and county high schools as may be necessary to meet the budgets submitted by the county board of education and adopted by the county legislative body;
    7. (7) Levy sufficient taxes or provide funds by bond issues by the voters for the purchase of school grounds, the erection and repair of school buildings and for equipping the same; provided, that the same shall have been provided for by the county legislative body, or that the county legislative body shall have approved the authorization of the same by the county board of education; and
    8. (8) Provide sufficient funds to erect a suitable building and maintain at least one (1) first-class four-year high school according to this title.
§ 49-2-102. County mayors — Duties.
  1. It is the duty of the county mayor to:
    1. (1) Approve the bond of the county director of schools; and
    2. (2) Make quarterly settlements with the county trustee and the county board of education of the elementary and the high school funds.
§ 49-2-103. County trustees — Duties.
  1. (a) It is the duty of the county trustee or individual having similar responsibilities and duties in counties where such responsibilities and duties are vested in another office by law to:
    1. (1) Keep all public school funds separate and apart from all other funds coming into the trustee's or individual's hands. It is unlawful to pay out any elementary school funds for high school purposes or high school funds for elementary school purposes, or either fund for any other purpose than that for which it was levied or collected;
    2. (2) Make a settlement with the county mayor of all elementary school funds and high school funds from all sources, quarterly, within ten (10) days after the close of the quarters ending with March, June, September and December, which settlement shall include all receipts and expenditures within the quarter. This settlement shall be included in the next quarterly report of the county director of schools to the county legislative body and to the commissioner of education;
    3. (3) Make annual reports, on or before July 10 each year, to the commissioner of all receipts and expenditures of all elementary and all high school funds within the year ending June 30 preceding, on forms supplied by the commissioner;
    4. (4) Require the county director of schools to attach a voucher to every school warrant amounting to five hundred dollars ($500) or more drawn by the county board of education for any purpose other than the salaries of the supervisors and teachers, showing that the board has complied with the law requiring contracts to be let on competitive bids. Nothing in this subdivision (a)(4) shall be construed to remove the requirement of competitive bidding prior to the letting of such contracts; and
    5. (5) Make quarterly distribution of all state and county elementary school funds between the county and incorporated city or cities of the county on the basis of average daily attendance immediately after each quarterly settlement with the county mayor; provided, that the state school fund designated as the equalizing fund shall not be distributed on such basis, but shall be placed to the credit of the county elementary school fund to be disbursed by the county board of education as provided in this title.
  2. (b) A violation of subsection (a) is a Class C misdemeanor.
§ 49-2-104. Inspection of local records.
  1. Supervisors, under the direction of the commissioner of education, shall have the authority to inspect the records of local boards of education, the school accounts of county trustees and the administration of public schools, to make recommendations covering all the foregoing, and to perform other duties that may be assigned them.
§ 49-2-105. Training programs with private college or university for pre-k-12 teachers.
  1. (a) A local board of education may contract with a private college or university accredited by the Southern Association of Colleges and Schools Commission on Colleges that has its primary campus domiciled in this state for the college or university to maintain a training school for grades pre-kindergarten through twelve (pre-K-12), or any combination of grades pre-kindergarten through twelve (pre-K-12), to provide practice teaching experience for teachers in training. The students enrolled in the training school must be taught the same course of study as prescribed by the state board of education for the LEA in grades pre-kindergarten through twelve (pre-K-12), or the grades appropriate for the particular school. Training schools must meet the same requirements established by law and the state board's rules for public schools.
  2. (b) A college or university that has entered into a contract with a local board of education pursuant to subsection (a) may receive all state and federal funds received by the local board of education as a result of this contract for the operation of the training school, including TISA allocations and any other funds that may be allocated for the operation of public schools of this state. Training schools are eligible to receive grants and other funds in the same manner as the public schools in this state. The control of the school is wholly under the direction of the respective college or university.
  3. (c) In the event the training school does not maintain a school for grades pre-kindergarten through twelve (pre-K-12), the contract between the college or university and the local board of education must direct the allocation of funds between the local board of education and the training school, as the parties determine necessary to best achieve the objective of providing practice teaching for teachers in training.
§ 49-2-106. Creation or expansion of city or special school districts.
  1. (a) No city school system or special district school system shall be created or reactivated for the purpose of operating a system of schools, unless the school system is large enough to offer adequate educational opportunities for the pupils of grades one through twelve (1-12) in keeping with standards established by the state board of education.
  2. (b) In establishing the standards, the state board is authorized and directed to take into consideration such factors as:
    1. (1) The scholastic population of the city or special school district according to the most recent census;
    2. (2) The financial ability per pupil of scholastic population; and
    3. (3) The expressed willingness of the people of the city or special school district, as indicated by a majority of its legal voters in a referendum, to raise local funds, which, together with school funds received from the state and other sources, shall be sufficient to provide adequate educational opportunities for their children.
§ 49-2-107. Special school districts — Taxes.
  1. Any person owning property located in special school districts in this state that were created by a private act shall be required to pay such taxes as are levied by the private act creating or amending the school district.
§ 49-2-108. Separate-sex schools.
  1. (a) The local school boards are authorized to provide separate schools for persons of the male sex and persons of the female sex. The determination of the necessity for such separate schools is vested in the exclusive discretion of the school board.
  2. (b) Nothing in this section shall be construed to amend existing laws relative to the issuance of school bonds nor otherwise alter the laws pertaining to school construction.
§ 49-2-109. Contracts with private, city or special district schools.
  1. (a)
    1. (1)
      1. (A) The county board of education has the power to make contracts with the proper authorities of private schools or with city or special school district boards of education whereby the county public elementary and high schools may be taught in the private or city schools.
      2. (B) Such public elementary and high school branches shall be taught free of charge to all pupils of the county entitled thereto.
      3. (C) The contract may provide that:
        1. (i) The school shall be administered by either the city, special school district or county board of education upon the condition that the board charged with administration of the school shall employ duly licensed teachers, comply with other state laws pertaining to education and not interfere with the powers devolved upon the commissioner of education in connection with the county public elementary and high schools; and
        2. (ii) In the event of contracts with private schools, no teacher shall be employed in the private school unless the teacher has a teacher's license of such grade as may be prescribed for the teacher's employment and unless the employment of the teacher is approved by the county board of education.
    2. (2) The authority of the commissioner, county director of schools and all public school officers shall be as full and ample in such private schools as in other county public elementary and high schools.
  2. (b) This section shall not be construed as authorizing a contract by a county board of education with a church-sponsored, church related or a parochial school.
§ 49-2-110. Student activity funds.
  1. (a) The several schools may, if authorized by the particular board of education having jurisdiction over the school or schools, receive funds for student activities as provided in this section and for events held at or in connection with the school, including contracts with other schools for interschool events; and funds derived from such sources shall be the property of the respective schools; however, the board of education granting the authorization shall provide for its school system reasonable regulations, standards, procedures and an accounting manual covering the various phases of student body activity funds and other internal school funds accounting, including, but not limited to:
    1. (1) The bonding of those who are responsible for handling the funds;
    2. (2) The proper handling of cash receipts, the making of deposits, the management of funds, the expenditures of funds and the accounting for funds;
    3. (3) The auditing of funds;
    4. (4) The making of financial reports;
    5. (5) The carrying of necessary insurance;
    6. (6) The use of proper business and accounting forms;
    7. (7) The collection of state and federal taxes;
    8. (8) The purchase of supplies and equipment;
    9. (9) The powers and responsibilities of the principal of the school in connection with the handling of student body activity funds and other internal school funds;
    10. (10) The preparation of a student body activity fund budget and the budgetary control of expenditures; and
    11. (11) Ways and means of evaluating and improving all phases of student body financial activities and the handling of other internal school funds in accordance with accounting practices and procedures as are generally recognized in public school systems.
  2. (b) The manual referenced in subsection (a) shall be published in accordance with the rules, regulations, policies and procedures of the state publications committee.
  3. (c) The school shall not require any student to pay a fee to the school for any purpose, except as authorized by the board of education, and no fees or tuitions shall be required of any student as a condition to attending the public school or using its equipment while receiving educational training.
  4. (d)
    1. (1) The principal of each school shall have the duty of instituting and following the reasonable regulations, standards, procedures and the accounting manual adopted by the board of education having jurisdiction over the school.
    2. (2) The principal shall be liable to account for the safekeeping and handling of all funds of every character raised by student activities, school services and school events, regardless of the sources of the funds or the purpose for which they were raised.
    3. (3) The principal shall not be liable to account for the safekeeping and handling of funds raised by organizations excluded from the record keeping requirements of this section unless the funds are in the principal's sole custody.
  5. (e) The department of education shall prepare an internal school funds manual for local school systems, subject to the approval of the comptroller of the treasury, and each local school system shall adopt the manual when issued and maintain all internal school funds books and records in accordance with the requirements of the manual.
  6. (f) Organizations composed of parents and teachers or parents and students working in coordination, including, but not limited to, parent-teacher associations, parent-teacher organizations, band booster clubs and athletic support organizations, shall not be required to utilize or conform to any record keeping or accounting requirements provided for in the policy manuals or otherwise, and are excluded from the accounting, record keeping and other requirements of this section.
  7. (g)
    1. (1) If funds raised by organizations composed of parents and teachers or parents and students are used in a manner that benefits less than the student body as a whole, then § 49-2-203 and the internal school funds manual for local school systems do not prohibit such use of funds; provided, that such use:
      1. (A) Benefits the overall school program; and
      2. (B) Is subject to the policies of the local board of education.
    2. (2) This subsection (g) does not prohibit the use of funds in any manner that was authorized prior to April 17, 1995, under § 49-2-203 and the former uniform accounting policy manual for local school systems.
§ 49-2-111. Reapportionment — Effect on school districts.
  1. (a) In all counties wherein the school commission, school board, board of education or other designated agency governing the school affairs of the county is, by the terms and provisions of any private or local act of the general assembly applicable to such county, elected from more than one (1) voting district by the persons entitled to vote in the district, and where by decree or judgment of any court of the United States or any court of this state the scheme of apportionment of the membership of such school commission, school board, board of education or other agency as provided by such act heretofore has been declared to be in violation of any provision of the United States Constitution or the Constitution of Tennessee, the school commission, school board, board of education or other agency governing the school affairs of such county is abolished, effective September 1 of the year in which a general election is next held in the county following the entry of the decree or judgment.
  2. (b) [See Compiler's Notes] In all such counties within the purview of subsection (a), there is created and established a board of education, effective September 1 of the year in which a general election is next held in such counties following the entry of a decree of judgment of any such court that the scheme of apportionment of the existing school commission, school board, board of education or the other agency is unconstitutional, to be known as the board of education of County, which shall consist of five (5), seven (7) or nine (9) members to be elected by popular vote of the people of the county, as provided in this section, whose initial members shall be those persons elected by popular vote by the people of the county in the general election to be held in August following the entry of such decree or judgment in the manner provided in this section.
  3. (c) Boards of education created and established under this section shall have and possess and shall exercise all of the rights, duties, powers and privileges and shall discharge all of the duties and obligations imposed upon the school boards, school commissions, boards of education or other agencies governing the school affairs of the counties by any such private act applicable to the counties, and are entitled to the same compensation payable to the members of the school boards, school commissions, boards of education or such other agencies of the several counties under the terms of any such private act or acts and that are abolished by the terms of this section.
  4. (d)
    1. (1) The county legislative body of any county within the purview of subsection (a) is authorized, empowered and directed to cause an accurate census or other determination of population to be taken and reported of the population of the various civil districts in the county or otherwise adopt and pursue a method of determination of population that will permit with a reasonable degree of accuracy the formation of districts with substantially equal population as provided in this section, which census or other determination of population shall be taken and reported no later than the first Monday in April of the year in which a general election is next held in the county following the entry of such decree or judgment of a court, as provided in subsection (a), as the county legislative body shall provide in a proper resolution adopted for that purpose.
    2. (2) The county legislative body is further authorized, empowered, and directed to appropriate and expend out of the general funds of the county such sums as may be necessary to defray the cost and expense of taking and reporting the census or other determination of population that it causes to be made.
  5. (e)
    1. (1) Upon receipt of the report of the census or other determination of population, the county legislative bodies shall, at their regular meeting to be held on the first Monday in April of the year in which a general election is next held in the counties following the entry of the decree or judgment of a court, as provided in subsection (a), or at any adjourned session of the county legislative body, or at any duly called special meeting thereafter, but in any event not later than June 1 of the year, adopt a resolution establishing three (3), five (5), seven (7) or nine (9) school zones or districts, the boundaries of which shall be so geographically arranged in the county that according to the census or other determination of population provided for in subsection (d), each of the three (3), five (5), seven (7) or nine (9) school zones or districts shall have and contain substantially equal numbers of people; provided, that in the establishment of the school zones or districts, no civil district of the county shall be divided unless simultaneously such civil district is divided for all county purposes in the manner provided by law.
    2. (2) Whenever a private act applicable to any such county, within the purview of subsection (a), establishes in and for the county the school zones or districts required in this section, which school zones and districts meet the requirement of containing substantially equal population as required in subdivision (e)(1), the county legislative body of the county may, in lieu of establishing the school zones or districts, by census or other method as provided in subsection (d), adopt such districts or zones as established in the private act, but in doing so, it shall be required to make a determination that the districts or zones contain substantially equal population and otherwise meet the requirements of this section.
  6. (f) When the county legislative bodies of the several counties within the purview of subsection (a) have complied with this section and established the school zones or districts as provided in subsection (e), there shall be elected from each of the school zones or districts, either by a popular vote of the qualified voters of the county at large or by a popular vote of the qualified voters of each of the school zones or districts, as the county legislative body shall specify in the resolution or private act establishing the districts, one (1) member of the board of education created and established by the terms of this section; provided, that the member elected from any school district or zone must have been a resident for more than one (1) year next preceding the member's election of one (1) or another of the civil districts comprising the school district or zone.
  7. (g) The persons who are elected at the August general election next held after the entry of the decree or judgment of any court, as provided in subsection (a), by a popular vote of the qualified voters of the county, shall be elected in accordance with the terms and provisions of § 49-2-201.
  8. (h) No person shall be eligible to be elected as a member of the board of education unless the person has and possesses all of the qualifications required by the general law and by the terms and provisions of any private or local act applicable to the county, with the exception of any qualification based upon residency in any geographical district or zone established in the private or local act.
  9. (i) In the event the county legislative body of any county within the purview of subsection (a) fails to comply with this section and causes the census or other determination of population to be taken and reported and thereafter creates the various school zones or districts not later than June 1 of the year in which a general election is next held after the entry of a decree or judgment of any court, as provided in subsection (e), the three (3), five (5), seven (7) or nine (9) members of the board of education created and established in the counties to which this section is applicable shall be elected by the qualified voters of the counties at large without regard to geographical districts, and any person who possesses the qualifications provided by law for membership upon the board of education shall be eligible for election to the board of education without regard to the geographical location of the person's residence in the county. The general election commissions of the several counties within the purview of subsection (a) and wherein the county legislative body of those counties has failed to comply with this section shall hold and conduct an election at the time fixed for the general election of county offices in August next following the entry of a decree or judgment of any court, as provided in subsection (a), for the three (3), five (5), seven (7) or nine (9) members of the board of education at large, and the three (3), five (5), seven (7) or nine (9) persons receiving the highest number of votes at the election shall be declared and certified by the election commission of the county to be the duly elected members of the board of education.
  10. (j)
    1. (1) At any time after the general election to be held in August next following the entry of a decree or judgment of any court, as provided in subsection (a), the county legislative bodies of the several counties within the purview of subsection (a) may, if they have not previously done so, in compliance with this section, as provided in subsection (d), cause a census or other determination of population of the several civil districts of the county to be taken, and, at any regular meeting of the county legislative body following the reporting of the census or other determination of population to it, shall have the power to adopt an appropriate resolution establishing three (3), five (5), seven (7) or nine (9) school zones or districts as provided in subsection (e); provided, that the resolution shall not impair or shorten the terms of office of any of the members of the board of education who are elected under the authority of this section, and shall provide that members of the board of education to be elected thereunder shall first be elected no sooner than the expiration of the terms of members previously elected under the authority of this section.
    2. (2) At any time that the county legislative body has established the school zones or districts as provided in this section, a certified copy of the resolution establishing the school zones or districts shall be officially filed with the election commission of the county, which shall thereafter hold and conduct elections for the newly created board of education of the county in accordance with this section and the school zones or districts as established by the county legislative body of the county. In any case where the county legislative body of any county, in accordance with the authority contained in this subsection (j), has not established the school zones or districts of a county not later than June 1 of any year in which a general election is required to be held for the election of some or all of the members of the then existing school commission, school board, board of education or other designated agency governing the school affairs of the county, the resolution establishing the school zones or districts shall not take effect until after the general election held during that year and the members of the then existing school commission, school board, board of education or other designated agency, including those who are elected at the general election to be held during the year, shall continue to hold their offices and govern the school affairs of the county until the next general election held thereafter, at which time elections shall be had for the three (3), five (5), seven (7) or nine (9) members of the board of education created by this section and from the three (3), five (5), seven (7) or nine (9) school zones or districts established by the county legislative body as provided in this section.
§ 49-2-112. School audits.
  1. (a)
    1. (1) The local board of education shall cause an annual audit to be made of the accounts and records of all schools under its jurisdiction that receive and disburse funds.
    2. (2) The audit shall include, but not be limited to, the activity funds described in § 49-2-110.
  2. (b)
    1. (1) The comptroller of the treasury, through the department of audit, shall be responsible for ensuring that the audits are prepared in accordance with generally accepted governmental auditing standards and for determining if the audits meet minimum audit standards and regulations, which shall be prescribed by the comptroller of the treasury.
    2. (2) No audit may be accepted as meeting the requirements of this section until the audit has been approved by the comptroller of the treasury.
  3. (c)
    1. (1) The audits may be prepared by certified public accountants, public accountants or by the department of audit.
    2. (2) In the event the board of education fails or refuses to have the audit prepared, then the comptroller of the treasury may appoint a certified public accountant or public accountant or direct the department of audit to prepare the audit. The cost of the audit to be paid by the board of education.
  4. (d)
    1. (1) The audits shall be completed as soon as practicable after June 30 of each year.
    2. (2) One (1) copy of each audit shall be furnished to the director of schools, each member of the board of education and the comptroller of the treasury. Copies of each audit shall also be made available to the press.
  5. (e) All audits performed by the internal audit staffs of any such schools shall be conducted in accordance with the standards established by the comptroller of the treasury pursuant to § 4-3-304(9).
§ 49-2-113. Mechanical signing of warrants.
  1. A board of education, with the permission of its chair, is empowered to authorize, with the consent of the comptroller of the treasury, the use of mechanical signing equipment approved by the comptroller of the treasury, to affix the signature of the chair of the board of education and of the director of schools to the original of a public school warrant; provided, that a clear duplicate of the warrant is kept on file in the office of the director of schools, together with the proper supporting papers to justify the issuance of the warrant.
§ 49-2-114. Waiver of school fees.
  1. (a) LEAs shall establish, pursuant to rules promulgated by the state board of education, a process by which to waive all school fees for students who receive free or reduced price school lunches.
  2. (b) “School fees” means:
    1. (1) Fees for activities that occur during regular school hours;
    2. (2) Fees for activities and supplies required to participate in all courses offered for credit or grade;
    3. (3) Fees or tuition applicable to courses taken during the summer by a student, except that nonresident students regularly enrolled in another school system may be required to pay fees or tuition for such summer courses; and
    4. (4) Fees required for graduation ceremonies.
§ 49-2-115. Family resource centers.
  1. (a) Family resource centers may be established by any LEA in order to coordinate state and community services to help meet the needs of families with children. An LEA may directly operate its own family resource centers or may contract with a locally based nonprofit agency, including a community action agency, to operate one (1) or more such centers on behalf of the LEA. Each center shall be located in or near a school. The local school board shall appoint community service providers and parents to serve on an advisory council for each family resource center. Parents shall comprise a majority of each advisory council.
  2. (b) Tennessee investment in student achievement formula (TISA) funds may be expended by an LEA to plan and implement a family resource center. The application for such approval shall identify a full-time director and other professional staff from the school or community, or both, which may include psychologists, school counselors, social workers, nurses, instructional assistants and teachers. In establishing family resource centers, the department shall consult with the departments of health, mental health and substance abuse services, disability and aging, and children's services.
  3. (c) [Deleted by 2022 amendment.]
  4. (d) LEAs with state approved family resource centers may be given priority in receiving additional state funding for:
    1. (1) Formal parent involvement programs in elementary schools;
    2. (2) Early childhood programs for children at-risk;
    3. (3) Programs for parents with preschool at-risk children;
    4. (4) Learning centers in urban housing projects;
    5. (5) Programs in high schools for pregnant teenagers; and
    6. (6) “Jobs for Tennessee Graduates” in high schools.
  5. (e)
    1. (1) Family resource centers shall provide interagency services/resources information on issues such as parent training, crisis intervention, respite care and counseling needs for families of children with behavioral/emotional disorders.
    2. (2) Family resource centers shall serve the function of being the center of information sharing and resource facilitation for such families.
    3. (3) Family resource centers shall also serve the function of helping families answer questions regarding funding for the options of service their child or family requires.
  6. (f) The purpose of each family resource center shall be to maximize the potential learning capacity of the child by ensuring that school environments and neighborhoods are safe and socially enriching, that families are strong and able to protect children and meet their basic needs and that children are physically healthy, emotionally stable, socially well-adjusted and able to connect with enriching opportunities and experiences in their schools and communities. In order to enable children to attain the most benefit possible from the time they spend in educational settings, the family resource centers shall focus on providing information to families about resources, support and benefits available in the community and on developing a coordinated system of care for children in the community in order to effectuate this purpose.
  7. (g) The department of education and the department of children's services shall jointly develop guidelines for the operation of family resource centers, focusing on the requirements of this section, including the stated purpose of family resource centers in subsection (f). The guidelines shall be used by all family resource centers established pursuant to this section.
§ 49-2-116. School safety zones.
  1. (a) Any county or municipality is authorized to establish school safety zones.
  2. (b) As used in this section, unless the content otherwise requires:
    1. (1) “School” means any public or private elementary, secondary school or state college of applied technology; and
    2. (2) “School property” means all property used for school purposes, including, but not limited to, school playgrounds.
  3. (c) A school safety zone is the territory extending five hundred feet (500′) from school property or within the area bounded by a divided federal highway, whichever is less.
  4. (d) The director of schools, with the approval of the board of education, may develop a method of marking school safety zones, including the use of signs. Signs or other markings shall be located in a visible manner on or near each school indicating that such area is a school safety zone, that such zone extends five hundred feet (500′) from school property or within the area bounded by a divided federal highway, whichever is less, and that the delivery or sale of a controlled substance or controlled substance analogue to a minor in the school safety zone may subject the offender to an enhanced punishment.
§ 49-2-117. Funding for school building improvements.
  1. (a) Whenever the commissioner of education is authorized by the state board of education to take responsibility for the operation of any local school system or school that has been placed on probation pursuant to § 49-1-602, the state acting under the authority of the state building commission may require the county legislative body to appropriate and expend funds necessary to fund school building improvements, demolition or new construction as approved by the commissioner and the state board of education pursuant to chapter 3, part 1 of this title.
  2. (b) Notwithstanding subsection (a), before the state building commission can take any such action, the commissioner shall give the appropriate legislative body or special school district board written notice that action may be taken at least ninety (90) days prior to any such action by the commission. If, before expiration of that period, the legislative body adopts and submits a plan for building improvements, demolition or new construction and the funding of the improvements, demolition or new construction that is acceptable to the commissioner, then subsection (a) shall not apply. However, if the plan is not acceptable to the commissioner, no further notice need be given.
§ 49-2-118. Conflict resolution intervention programs.
  1. (a) The department of education shall, using existing resources, develop a conflict resolution program that may be adopted and implemented by LEAs and public charter schools to assist students in any of the grades kindergarten through twelve (K-12) in developing the skills necessary for nonviolent conflict resolution, including, but not limited to, communication skills, social skills, and relaxation techniques.
  2. (b) Each LEA and public charter school shall implement an intervention program for students in grades one through six (1-6) that uses conflict resolution and decision-making strategies aimed at preventing occurrences of disruptive acts by students within the school and on school property.
§ 49-2-119. Diplomas for World War, Korean War or Vietnam War veterans.
  1. (a)
    1. (1) Each LEA may issue high school diplomas to veterans who failed to receive diplomas due to an interruption of their education by service in World War I, World War II, the Korean War or the Vietnam War.
    2. (2) An LEA shall not require that the veteran be a current resident of this state at the time of the veteran's request for issuance of a high school diploma.
  2. (b)
    1. (1) Each LEA may issue a high school diploma authorized by subsection (a) to an eligible deceased veteran, upon the request of the veteran's surviving spouse, if any, or other immediate family members.
    2. (2) An LEA shall not require that a deceased veteran's spouse or immediate family be current residents of this state at the time of the spouse's or immediate family's request for issuance of the deceased veteran's high school diploma.
§ 49-2-120. Prohibition against hazing.
  1. (a) As used in this section, unless the context otherwise requires, “hazing” means any intentional or reckless act in this state, on or off LEA property, by one (1) student acting alone or with others, that is directed against any other student, that endangers the mental or physical health or safety of that student or that induces or coerces a student to endanger that student's mental or physical health or safety. “Hazing” does not include customary athletic events or similar contests or competitions and is limited to those actions taken and situations created in connection with initiation into or affiliation with any organization.
  2. (b) The governing body of each LEA shall adopt a written policy prohibiting hazing by any student or organization operating under the sanction of the LEA. The policy shall be distributed or made available to each student at the beginning of each school year. During the first month of each new school year, time shall be set aside to specifically discuss the policy and its ramifications as a criminal offense and the penalties that may be imposed by the LEA.
§ 49-2-121. Inspection and evaluation program for indoor air quality in schools.
  1. (a) Each LEA is encouraged to conduct an inspection and evaluation program, such as the environmental protection agency's indoor air quality tools for schools program, for its facilities. Such program may include, but shall not be limited to, the following measures:
    1. (1) Ensuring that an adequate amount of outdoor air is being supplied;
    2. (2) Testing for radon;
    3. (3) Separating students and staff from construction and renovation areas;
    4. (4) Reducing use of products, such as adhesives, floor-care products and pesticides that require ventilation during use; and
    5. (5) Maintaining relative humidity to an appropriate level during hot and humid summers.
  2. (b) School districts and schools shall encourage:
    1. (1) The scheduling of maintenance, cleaning, and repair projects and other works that trigger indoor air pollutants, environmental safety and other pollution concerns in schools at times when students and teachers will not be impacted through chemicals, fumes, exhaust fumes from cars and school buses, room fresheners, aerosol sprays and other chemicals and health damaging elements and particulate matter;
    2. (2) The application of products in a manner that conforms to regulations and safety recommendations; and
    3. (3) The protection of children from the exposure of health harming substances and chemicals at school.
§ 49-2-122. Placement of automated external defibrillator (AED) devices in schools — Training of school bus drivers.
  1. (a) As used in this section, “automated external defibrillator” or “AED” has the same meaning as defined in § 68-140-402.
  2. (b) All public schools in this state must have at least one (1) automated external defibrillator placed within the school. AEDs, in addition to the AED required in this subsection (b) and any AEDs required pursuant to Section 4, must be placed within a school or on school grounds in accordance with the guidelines established in the cardiac emergency response plan adopted for the public school pursuant to subsection (c).
  3. (c)
    1. (1) Each local board of education and public charter school governing body shall develop and adopt a cardiac emergency response plan (CERP) that establishes the steps that should be taken in response to a sudden cardiac arrest event occurring within the school building or on school grounds.
    2. (2) Local boards of education and public charter school governing bodies shall develop CERPs in accordance with guidelines established by the American Heart Association or another nationally recognized organization focused on providing emergency cardiovascular care.
    3. (3) A CERP adopted pursuant to subdivision (c)(1) must:
      1. (A) Be implemented at each public school governed by the local board of education or public charter school governing body;
      2. (B) Identify the number of AEDs that must be placed within each school building or on school grounds that are used for academic, athletic, or other community purposes, in addition to the AED required in subsection (b) and any AEDs required pursuant to §  68-6-105;
      3. (C) Establish a cardiac emergency response team at each public school that is responsible for carrying out the CERP, including the response protocols each team is responsible for implementing and overseeing in a sudden cardiac arrest event. If the board or governing body is required to establish an athletics emergency action plan (AEAP) pursuant to § 68-6-201, then the responsibilities and chain of command designated in the CERP for the respective cardiac emergency response team must align with those outlined in the AEAP;
      4. (D) Be disseminated to students, parents, teachers, administrators, and other school employees at least once each school year, and posted prominently in each school building and on school grounds used for academic, athletic, or other community purposes, as well as on the website for the respective LEA or public school;
      5. (E) Identify the training required for members of the cardiac emergency response team, and for any teachers, administrators, or other school employees, to assist such individuals in understanding the severity of sudden cardiac arrest events, to educate such individuals on how to respond in such circumstances, and to notify such individuals of the existence, content, and guidance available in the CERP, which must include training in cardiopulmonary resuscitation (CPR), first aid, and the use of an AED; and
      6. (F) Be reviewed at least annually by the local board of education or public charter school governing body, semiannually by each cardiac emergency response team, and no later than ten (10) days after a sudden cardiac arrest event occurs within a school, or on the grounds of a school, governed by the local board of education or public charter school by the cardiac emergency response team and the director of schools or the director of the public charter school, as applicable.
  4. (d) Each school that places an AED within the school or on school grounds shall comply with all provisions of title 68, chapter 140, part 4, relative to training; notification; the establishment of a written plan that complies with § 68-140-404; maintenance and testing of the AEDs to ensure that the devices are in optimal operating condition in compliance with § 68-140-404; and any other requirements. Each local board of education and public charter school governing body shall, to the greatest extent possible, ensure such requirements are incorporated into the adopted CERP.
  5. (e) When a school receives its first AED, it shall place the AED in a location that may be accessed readily from any area of the school, which may include those areas of the school that are used for physical education or activity. AEDs, in addition to the AED required in this subsection (e) and any AEDs required pursuant to §  68-6-105, must be placed in locations that are accessible in emergency situations. AEDs shall not be placed in an office that is not accessible to a person who may need to use the AED or in a location that is locked during times that students, parents, teachers, other school employees, or members of the community are present at school or school events.
  6. (f) AEDs placed in schools shall be registered with local emergency medical services providers as required by §§ 68-140-403(2) and 68-140-404(6).
  7. (g) LEAs and schools responsible for an AED program pursuant to § 68-140-404(1) shall not be liable for any civil liability for any personal injury that results from an act or omission that does not amount to willful or wanton misconduct or gross negligence if the applicable provisions and program established under § 68-140-404 and the rules adopted by the department pursuant to § 68-140-405 have been met by the LEA and school and have been followed by the individuals using the AED.
  8. (h) A teacher, school employee or other person employed by the LEA responsible for an AED program pursuant to § 68-140-404(1) shall not be liable for any civil liability for any personal injury that results from an act or omission that does not amount to willful or wanton misconduct or gross negligence if the applicable provisions and program established under § 68-140-404 and the rules adopted by the department pursuant to § 68-140-405 have been met by the LEA and school and have been followed by the individuals using the AED.
  9. (i) Misuse or abuse of any AED device on school property by a student is disorderly conduct and the student shall be subject to disciplinary action.
  10. (j) Schools are encouraged to offer training in cardiopulmonary resuscitation (CPR), first aid, and the use of an automated external defibrillator (AED), as defined in § 68-140-402, to school bus drivers.
§ 49-2-123. Michael Maren Paycheck Protection Act — LEA deductions.
  1. (a) This section is known and may be cited as the “Michael Maren Paycheck Protection Act.”
  2. (b) As used in this section:
    1. (1) “Dues” means the fees imposed on individuals as a condition of their participation or membership in a professional employees' organization; and
    2. (2) “Professional employees' organization” has the same meaning as defined in § 49-5-602.
  3. (c) Notwithstanding chapter 5, part 6 of this title, an LEA shall not deduct dues from the wages of the LEA's employees for a professional employees' organization, including, but not limited to, a professional employees' organization that is affiliated with a labor organization exempt under 26 U.S.C. § 501(c)(5).
  4. (d) This section does not prohibit an employee of an LEA from personally and voluntarily remitting dues to a professional employees' organization.
§ 49-2-124. Universal mental health or socioemotional screening.
  1. (a) As used in this section:
    1. (1) “Mental health screening” or “socioemotional screening” means, for the purposes of this chapter, the use of one (1) or more brief, structured questionnaires designed to identify the possibility that an individual has a mental health problem;
    2. (2) “Psychotropic medication” means a drug that exercises a direct effect upon the central nervous system and that is capable of influencing and modifying behavior. Psychotropic medication includes, but is not limited to:
      1. (A) Antipsychotics;
      2. (B) Antidepressants;
      3. (C) Agents for control of mania and depression;
      4. (D) Antianxiety agents;
      5. (E) Psychomotor stimulants; and
      6. (F) Hypnotics; and
    3. (3) “Universal mental health or socioemotional screening” means, for the purposes of this chapter, any mental health screening program in which a group of individuals is automatically screened without regard to whether there was a prior indication of a mental health problem.
  2. (b) Universal mental health or socioemotional screening is only permitted under the following circumstances:
    1. (1) A parent, guardian, legal custodian or caregiver under the Power of Attorney for Care of a Minor Child Act, compiled in title 34, chapter 6, part 3, of a child under sixteen (16) years of age has provided written, active, informed and voluntarily signed consent that may be withdrawn at any time by the parent, guardian, legal custodian or caregiver under the Power of Attorney for Care of a Minor Child Act;
    2. (2) A court requires the mental health evaluation, examination or testing;
    3. (3) Emergency screening, evaluation, examination or testing of an individual under the Power of Attorney for Care of a Minor Child Act or screening done in connection with a disaster or epidemic; or
    4. (4) Screening required pursuant to the early periodic screening, diagnosis, and treatment (EPSDT) program with active, written, informed, voluntarily signed consent as outlined in subdivision (b)(1) that may be withdrawn at any time by the parent, legal guardian, custodian or caregiver under the Power of Attorney for Care of a Minor Child Act who gave the consent.
  3. (c) Notwithstanding any law to the contrary, a local education agency (LEA) may not use the parent's refusal to consent to administration of a psychotropic medication to a student or to a mental health screening, evaluation, testing or examination of a child or student as grounds for prohibiting the child from attending class or participating in a school-related activity or as the basis of reporting or charging child abuse, child neglect, educational neglect or medical neglect. An LEA shall not use nor threaten use of school sanctions to a student to coerce parental consent to a mental health screening, evaluation, testing or examination. A person employed by an LEA may not require that a student be evaluated or treated with any psychotropic medication or for a particular mental health diagnosis. Only the following LEA personnel may perform an evaluation for psychiatric diagnosis or treatment, or both, with written, informed, voluntarily signed consent as outlined in subdivision (b)(1) that may be withdrawn at any time by the parent, legal guardian, custodian or caregiver under the Power of Attorney for Care of a Minor Child Act who gave the consent:
    1. (1) A psychiatrist;
    2. (2) A physician with expertise in psychiatry as determined by training, education or experience;
    3. (3) An advanced practice registered nurse with special certification in mental health or psychiatric nursing;
    4. (4) An advanced practice registered nurse with expertise in mental health or psychiatric nursing as determined by training, education or experience;
    5. (5) A psychologist with health service provider designation;
    6. (6) A senior psychological examiner;
    7. (7) A licensed professional counselor;
    8. (8) A licensed clinical social worker; or
    9. (9) A school psychologist.
  4. (d) Written, informed, active, voluntary consent as outlined in subdivision (b)(1) that may be withdrawn at any time by the parent, legal guardian, custodian or caregiver under the Power of Attorney for Care of a Minor Child Act must also be obtained before proceeding with any psychiatric treatment recommendations resulting from any mental health screening, evaluation, testing or examination.
  5. (e) Subsections (b), (c), and (h) shall not be construed to:
    1. (1) Prevent an appropriate referral under the child find system required under 20 U.S.C. § 1412, with appropriate parental consent procedures as required under 20 U.S.C. § 1414(a)(1)(D)(i);
    2. (2) Prohibit an LEA employee from discussing any aspect of a child's behavior or academic progress with the child's parent or guardian or another appropriate school district employee, consistent with federal and state law, including the requirement of prior parental consent for the disclosure of any education records. Nothing in this subdivision (e)(2) shall be construed to modify or affect parental notification requirements for programs authorized under the Elementary and Secondary Education Act of 1965, as amended by the No Child Left Behind Act of 2001, Public Law 107-110;
    3. (3) Prohibit an LEA employee from referring a child to LEA personnel specified in subsection (c);
    4. (4) Prohibit referrals, counseling or support in the event of an emergency or urgent situation to include, but not be limited to, the death, suicide, attempted suicide, murder, attempted murder, serious injury or serious illness of a student, teacher, staff, member of the administration, director of schools or any other school personnel or significant individual; or
    5. (5) Prohibit testing that is a part of a course of treatment, rehabilitation or service plan for children in the legal custody of a state agency or required by federal law applicable to such children, or as otherwise authorized under title 37, including, but not limited to, child protective services assessments or evaluations.
  6. (f) Each LEA shall inform each parent, legal guardian, custodian or caregiver of their rights pursuant to this section and shall provide a copy of the LEA policy on the rights of parents and students as required in § 49-2-211 and a copy of the Protection of Pupil Rights (20 U.S.C. § 1232h), commonly referred to as the Tiahrt Amendment, as amended by the Parents Rights Restoration Amendment to Goals 2000, March 31, 1994, Public Law 103-227, § 1017, and included in the No Child Left Behind Law (20 U.S.C. § 6301 et seq.).
  7. (g) The local board of education of each LEA shall adopt policies that may be reasonable and necessary to ensure implementation and enforcement of this section.
  8. (h) An LEA or school shall notify parents or legal guardians prior to any student participating in any mental health screening. The written notice shall include:
    1. (1) The purpose for the mental health screening;
    2. (2) The provider or contractor providing the mental health screening;
    3. (3) The date and time at which the mental health screening is scheduled; and
    4. (4) The length of time the mental health screening may last.
  9. (i) Pursuant to § 49-1-704, a parent or legal guardian has a right to inspect and review the parent or guardian's child's education records.
§ 49-2-125. Archival Protection Act of 2009.
  1. (a) This section shall be known and may be cited as the “Archival Protection Act of 2009.”
  2. (b) Upon determination to close a public school, the LEA is urged to employ or contract with a professional archivist to review all personal property contained in the school buildings for historic significance. The LEA is encouraged to preserve appropriately all personal property of the school deemed historically significant. The property may be made available for display at any public institution in the discretion of the LEA.
§ 49-2-126. Early postsecondary course fund.
  1. A school may establish an early postsecondary course fund to receive donations or grants from individuals or from private corporations, associations, or other artificial entities, both nonprofit and for profit, who desire to help support an early postsecondary course offered or attempted to be established by the school. Moneys in the fund must be used solely for academic enhancement in support of the program for which the fund was created. The principal of each school establishing a fund shall appoint a committee which shall be responsible for the determination of the use of funds for the program for which the fund was created.
§ 49-2-127. Creation of city school system by municipality — Referendum.
  1. (a) If a municipality seeks to create a city school system; and if the municipality is authorized by its charter, as set forth by statute or private act, to operate a city school system; and if the proposed city school system would possess a student population of sufficient size to comply with state requirements; then the governing body of the municipality may request the county election commission to conduct a referendum pursuant to § 49-2-106; however, if a special election is requested, then the municipality shall pay the costs of the election.
  2. (b) If a majority of the voters participating in the referendum elect to raise local funds to support the proposed city school system, then the governing body of the municipality shall, by ordinance, establish a city board of education in compliance with § 49-2-201; however, there shall be not less than three (3) nor more than eleven (11) members, and the members may be elected in the same manner, either from districts or at large, or a combination of both, used to elect members of the governing body of the municipality. In order to comply with the § 49-2-201 requirement for staggered four-year terms, the governing body of the municipality shall establish initial terms that vary in length; however, all subsequently elected members, other than members elected to fill a vacancy, shall be elected to four-year terms. If a special election is requested to elect members of the initial board of education, then the municipality shall pay the costs of the election. The members shall take office on the first day of the first month following certification of the election results.
  3. (c) The initial board of education shall plan and manage the formation of the new city school system and, subsequently, shall manage and operate the system when student instruction commences. The board shall possess all powers and duties granted to or required of boards of education as set forth by § 49-2-203 or other statute, including, but not limited to, employment of a full-time director of schools and other personnel; and construction, acquisition, lease, or modification of buildings and facilities.
  4. (d) The new city school system shall commence student instruction no earlier than August 1 following the commissioner's determination that:
    1. (1) Rights and privileges protected by § 49-5-203 will not be impaired, interrupted or diminished;
    2. (2) There is, or will be, timely compliance with state law pertaining to creation of city school systems, including § 49-2-106 and state board of education rules promulgated pursuant thereto; and
    3. (3) The system has demonstrated, to the commissioner's satisfaction, its general readiness to commence student instruction.
§ 49-2-128. Identification of schools with spaces for additional students — Open enrollment period — Application for transfer — Lottery — Responsibility for transportation.
  1. (a) Before the start of each school year, an LEA shall identify each school that, based on the school's capacities at the building, grade, class, and program levels, has space available to enroll and serve additional students. In determining available space at the class level, an LEA may use the class size averages specified in § 49-1-104.
  2. (b)
    1. (1) An LEA shall post the number of spaces available for enrollment in each school by grade, class, and program levels on the LEA's website at least fourteen (14) days before the beginning of the open enrollment period under subsection (c). An LEA shall not include in the number of spaces available for enrollment under this subdivision (b)(1) the number of enrollment spaces that are reserved by the LEA pursuant to subdivision (b)(2).
    2. (2) An LEA may reserve a reasonable number of enrollment spaces each school year from the number of spaces, if any, determined by the LEA to be available for enrollment for purposes of this section, to accommodate the potential enrollment of students who may relocate within the respective school zone, students who may have a sibling enrolled at the respective school, and students who may have a parent who teaches at the respective school.
  3. (c) Before the start of each school year, each LEA shall conduct an open enrollment period of at least thirty (30) days during which a parent or guardian of a student residing within the LEA may apply for enrollment of the parent's or guardian's student in a school that the student is not zoned to attend. During the open enrollment period, a parent or guardian may submit an application for transfer to a school identified by the LEA as having space available to enroll and serve additional students.
  4. (d) At the end of the open enrollment period, an LEA shall approve an application for transfer if space is available for the student at the requested school. If the number of applications for transfer to a school exceeds the number of spaces available for enrollment in the school at the building, grade, class, or program level, as identified by the LEA according to subsection (b), then the LEA shall conduct a lottery to select the students who may transfer to the school.
  5. (e) If an LEA grants a transfer to a student, then the parent or guardian of the student is responsible for transportation to the new school. The student must maintain satisfactory attendance, behavior, and effort to remain in the new school.
  6. (f)
    1. (1) An LEA shall not deny a student who is zoned to attend or who was enrolled in a school during the previous school year enrollment and attendance in the school.
    2. (2)
      1. (A) An LEA shall not admit a nonresident student seeking to transfer into the LEA from outside the LEA under §§ 49-6-3104 and 49-6-3105 before all applications for transfer under subsection (c) have been acted upon according to subsection (d).
      2. (B) Notwithstanding subdivision (f)(2)(A), an LEA may enroll a nonresident student pursuant to § 49-6-3113 before all applications for transfer under subsection (c) have been acted upon according to subsection (d).
§ 49-2-129. Information on firearm ownership by student, parent, teacher, or LEA employee.
  1. (a) No school administrator, teacher, or other employee of an LEA shall require a student or the student's parent to provide information on firearm ownership by the student's family.
  2. (b) No school administrator or other employee of an LEA shall require a teacher or other school employee to provide information on firearm ownership by the teacher or school employee.
  3. (c) Any information on firearm ownership that is voluntarily provided by a student, parent, teacher, or LEA employee shall not be the basis for adverse disciplinary action against a student or adverse employment action against a teacher or LEA employee; provided, however, that this subsection (c) shall not prohibit adverse disciplinary or employment action based on a violation of title 39, chapter 17, part 13.
§ 49-2-130. Policy excusing student to attend released time course in religious moral instruction authorized — Requirements — Liability — Credit.
  1. (a) As used in this section, “released time course” means a period of time during which a student is excused from school to attend a course in religious moral instruction taught by an independent entity off school property.
  2. (b) A local board of education may adopt a policy that excuses a student from school to attend a released time course in religious moral instruction for no more than one (1) class period per school day; provided, that:
    1. (1) The student's parent or legal guardian signs a written consent form prior to the student's participation in the released time course;
    2. (2) The released time course shall be conducted off public school property;
    3. (3) The independent entity maintains attendance records and makes the records available to the LEA and the local board of education;
    4. (4)
      1. (A) Any transportation to and from the place of instruction, including transportation for students with disabilities, is the responsibility of the independent entity, parent, legal guardian, or student;
      2. (B) Notwithstanding subdivision (b)(4)(A), a local board of education that provides school transportation services for students under chapter 6, part 21 of this title may provide students attending a released time course with transportation to and from the place of instruction if the independent entity reimburses the LEA for the costs and expenses of providing the transportation services;
    5. (5) The independent entity assumes liability for the student attending the released time course from the time that the student leaves the school until the student returns to the school;
    6. (6) No public funds are expended and no public school personnel are involved in providing the instruction for released time courses;
    7. (7) The student assumes responsibility for any missed schoolwork;
    8. (8) The principal of the school, or the principal's designee, shall determine the classes from which the student may be excused to participate in the released time course; provided, that the student may not be excused to participate in a released time course during any class in which subject matter is taught for which the state requires an examination for state or federal accountability purposes; and
    9. (9) The released time courses shall coincide with school class schedules.
  3. (c) The LEA, the local board of education, the local governing authority, and the state shall not be liable for the student who participates in the released time course.
  4. (d) The written consent form under subdivision (b)(1) shall provide a disclaimer that:
    1. (1) Eliminates any actual or perceived affirmative school sponsorship or attribution to the LEA of an endorsement of a religious instruction; and
    2. (2) Waives any right of the student's parent or legal guardian to hold the school, the LEA, the employees of the school or LEA, or the state liable for the student participating in a released time course.
  5. (e) Instructors of released time courses are not required to be licensed or certificated pursuant to chapter 5 of this title. Instructors and other employees of the released time courses shall be hired by the independent entity.
  6. (f) A student who attends a released time course shall be credited with time spent as if the student attended school, and the time shall be calculated as part of the actual school day.
  7. (g)
    1. (1) A local board of education may adopt a policy to award students credit for work completed in a released time course that is substantiated by a transcript from the entity that provided the released time course. If a board adopts a policy in accordance with this subsection (g), then a student may be awarded one (1) unit of elective credit for the completion of each released time course.
    2. (2) In order to determine whether elective credit may be awarded for the student's completion of a released time course, the local board of education shall evaluate the course in a neutral manner that does not involve any test for religious content or denominational affiliation. For purposes of this subsection (g), the secular criteria used to evaluate a released time course may include:
      1. (A) The amount of classroom instruction time;
      2. (B) The course syllabus, which reflects the course requirements and any materials used in the course;
      3. (C) Methods of assessment used in the course; and
      4. (D) Whether the course was taught by an instructor licensed pursuant to chapter 5 of this title.
  8. (h) A public school shall, upon the request of a student's parent or legal guardian, excuse a student from school to attend a released time course in religious moral instruction for one (1) hour per school day, regardless of whether the local board of education has adopted a policy under subsection (b), if the requirements listed in subdivisions (b)(1)-(9) are met. Subsections (c)-(f) of this section apply to students attending a released time course under this subsection (h).
§ 49-2-131. Non-disclosure agreement during settlement for act of sexual misconduct prohibited — Assistance in obtaining new job prohibited.
  1. (a) An LEA is prohibited from entering into, or requiring an opposing party to enter into, a non-disclosure agreement during a settlement, or as a prerequisite to settlement, for any act of sexual misconduct, including, but not limited to, sexual harassment or sexual assault.
  2. (b) Except as provided by subsection (c), other than the routine transmission of administrative and personnel files, LEA employees are prohibited from assisting a school employee, contractor, or agent in obtaining a new job if the employee knows, or has probable cause to believe, that the person seeking a job change engaged in sexual misconduct regarding a minor or student.
  3. (c) Subsection (b) shall not apply if:
    1. (1) The information giving rise to probable cause to believe sexual misconduct has occurred has been reported to the appropriate law enforcement agency; and
    2. (2) The matter has been officially closed in one (1) of the following ways:
      1. (A) The prosecutor or police have investigated the allegations and notified school officials that there is insufficient information to establish probable cause;
      2. (B) The employee, contractor, or agent has been charged and either acquitted or exonerated; or
      3. (C) The case remains open, and there have been no charges or indictment filed within four (4) years of the date the information was reported to the law enforcement agency.
  4. (d) For the purposes of determining if sexual misconduct has occurred, an LEA may request a personnel file regarding any person seeking employment in the LEA from any LEA in which the person seeking employment worked previously. An LEA receiving such request shall provide the file to the requesting LEA within ten (10) business days.
  5. (e) The director of schools shall develop procedures to enforce this section.
§ 49-2-132. Membership in association that regulates interscholastic athletics prohibited unless compliant with open meetings laws — Closed meetings.
  1. (a) Public schools, including public charter schools, shall not use public funds to join, become members of, or maintain membership in an association that regulates interscholastic athletics unless the association's governing board voluntarily complies with the open meetings laws, compiled in title 8, chapter 44, part 1.
  2. (b) Notwithstanding subsection (a), an association that regulates interscholastic athletics may conduct a closed meeting, or close a portion of an otherwise open meeting, if confidential information protected by the Family Educational Rights and Privacy Act (20 U.S.C. § 1232g), § 10-7-504, or any other relevant privacy law or privilege, must be discussed. No other business, other than the business to which the confidential information relates, shall be addressed during such a closed meeting.
§ 49-2-133. Development of policy to implement program to reduce potential sources of lead contamination in drinking water in public schools — Periodic testing.
  1. (a)
    1. (1) Each local board of education shall develop a policy to implement a program to reduce the potential sources of lead contamination in drinking water in public schools that incorporates, at a minimum, periodic, not to exceed biennial, testing of lead levels in drinking water sources at school facilities that were constructed prior to January 1, 1998, utilizing samples consisting of the first two hundred fifty milliliters (250 mL) drawn of water that has been standing in plumbing overnight to identify lead levels. School facilities that were constructed on or after January 1, 1998, may conduct periodic testing under this section.
    2. (2) If the result of a lead level test conducted under subdivision (a)(1) exceeds fifteen parts per billion (15 ppb) but is less than twenty parts per billion (20 ppb), the school shall conduct lead level tests on an annual basis until retesting confirms that the level is less than fifteen parts per billion (15 ppb).
    3. (3) If the result of a lead level test conducted under subdivision (a)(1) is equal to or exceeds twenty parts per billion (20 ppb), the school shall:
      1. (A) Immediately remove the drinking water source from service. The drinking water source shall remain unavailable for use until subsequent retesting under subdivision (a)(3)(C) confirms the lead level of water from the source does not exceed twenty parts per billion (20 ppb);
      2. (B) Notify:
        1. (i) The commissioner of environment and conservation, the commissioner of health, the local department of health, the local governing body, and the department of education within twenty-four (24) hours of the test result; and
        2. (ii) The parents and guardians of students enrolled at the school, in accordance with a notification policy developed by the local board of education, within five (5) business days of the test result; and
      3. (C) Retest the lead level of the drinking water source within ninety (90) days of any corrective action.
  2. (b) Each LEA shall comply with the policy created by its local board of education under subsection (a).
§ 49-2-134. Policies and procedures for funds raised for noneducational purposes.
  1. (a) A local board of education may authorize a teacher, school employee, or other person employed by the LEA to raise funds for noneducational purposes.
  2. (b) A local board of education that authorizes a teacher, school employee, or other person employed by the LEA to raise funds for noneducational purposes shall develop, adopt, and provide the LEA with policies and procedures for use of the funds, including policies and procedures for the receipt, disbursement, and accounting of all funds.
  3. (c) The policy developed by a local board of education pursuant to this section must include sources from which an employee may derive noneducational purpose funds, which may include vending machine revenue, donations, or other sources as approved by the local board of education. The policy must also include guidelines for how funds for noneducational purposes must be used, which may include bereavement, award recognition, employee morale, or banquets.
  4. (d) Any group of persons raising money for noneducational purposes pursuant to this section and the policies and procedures of a local board of education are not considered a “school support organization” as defined by § 49-2-603.
  5. (e) All funds raised for noneducational purposes pursuant to this section are subject to audit by the comptroller of the treasury or the comptroller's designee. The local board of education shall pay the cost of the audit and shall cooperate fully with the comptroller of the treasury or the comptroller's designee in the performance of the audit.
§ 49-2-135. Development of before or after school programs in collaboration with 501(c)(3) nonprofit corporations.
  1. (a) LEAs are authorized to develop before or after school programs in collaboration with 501(c)(3) nonprofit corporations that may provide assistance in selecting and appointing qualified volunteers for the programs.
  2. (b) The programs authorized in subsection (a) must focus on kindergarten through grade three (K-3) before or after school activities designed to improve student achievement in the academic subjects of reading, math, science, social studies, and fine arts.
  3. (c) Any 501(c)(3) nonprofit corporation recognized under this section must meet all applicable rules of the state board of education and the policies and procedures of the LEA in which the corporation's volunteers are assisting and ensure the volunteers undergo criminal history record checks and otherwise meet all of the requirements of § 49-5-413.
  4. (d) An LEA must approve a recognized 501(c)(3) nonprofit corporation to assist in the LEA's schools before the corporation's volunteers may begin assisting students in a school.
  5. (e) An LEA that develops a program in accordance with this section has the authority to remove the recognized 501(c)(3) nonprofit corporation or any of the corporation's volunteers from the program.