Title 49 Education

Chapter 1 State Administration

Part 1 General Provisions

§ 49-1-101. System established.

There is established a system of public education.

§ 49-1-102. Administration generally.

(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.
(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.
(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.
(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.

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.

13 Backlinks

§ 49-1-104. Maximum class size — Waiver — Split-grade classes.

(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.

4 Backlinks

§ 49-1-105. Completion of school year when parent relocated.

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.

(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.
(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.
(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.

Part 2 Department of Education

§ 49-1-201. Powers and duties of the commissioner.

(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.
(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.
(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;
  1 Backlink
  - 49-1-215
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.
(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;
    1 Backlink
    
    49-3-108(g)
  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.
1 Backlink
- 49-1-211(a)(3)
(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).

1 Backlink

49-6-601

§ 49-1-202. Divisions.

(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.
(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.

1 Backlink

8-23-102

§ 49-1-203. Waiver of state board rules.

(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.
(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.
(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.

(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.
(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.

(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.
(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.
(c) The program of technical support and assistance developed pursuant to this section shall be provided upon request of an LEA.

1 Backlink

68-1-1202(6)

§ 49-1-206. Preschool/parenting learning centers for teen parents.

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.

(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.
(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.
(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.
(d) No local plan approved by the commissioner of education shall reduce the level of state funding to an LEA under this title.
(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.
(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.
(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.

2 Backlinks

§ 49-1-208. Form for student to report allergy.

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.

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.

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.

(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;
  1 Backlink
  - 49-1-1003(b)
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.
(b) TCAP scores reported pursuant to subdivision (a)(3), or otherwise, must be disaggregated by subgroup.

1 Backlink

49-6-4301(d)

§ 49-1-212. Fiscal analysis required of any policy, rule, or regulation that will financially impact an LEA.

(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.
(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.

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.

1 Backlink

49-1-230(b)

§ 49-1-214. Safe schools — Advisory guidelines.

(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.
(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.
(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.

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.

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.

(a) The commissioner of education shall employ within the department a certified school librarian to serve as the Tennessee state library coordinator.
(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.

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.

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.

(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.
(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.”
(c) The department shall conduct the study required in this section within the existing resources of the department.
(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.

(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.
(b) The director of schools shall take such steps as appropriate to implement and enforce the school district's policy.
(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.

(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.
(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.
(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.
(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.

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.

(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.
(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.
(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. [Reserved]

§ 49-1-226. Adoption of core standards in subjects beyond math and English language arts prohibited.

The state shall not adopt common core state standards in any subject matter beyond math and English language arts.

1 Backlink

49-6-6002(b)

§ 49-1-227. Compilation of list of laws related to rights of students, parents, or legal guardians — Posting of list on department website.

(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.
(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.

(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.
(b) The department of education shall include each school's A, B, C, D, or F grade on the state report card.
(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.
(d) The department shall provide notice of the adopted grading scale to each LEA prior to the start of the 2017-2018 school year.
(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.
(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.
1 Backlink
- 49-6-6012(b)
(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).
1 Backlink
- 49-1-602(e)
(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.

5 Backlinks

§ 49-1-229. Dyslexia screening procedures — School based problem solving team — Dyslexia advisory council.

(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.
(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.
(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.
(d) The department shall provide appropriate professional development resources for educators in the area of identification of and intervention methods for students with dyslexia.
(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.
(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.

3 Backlinks

§ 49-1-230. Development of training programs for adverse childhood experiences.

(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.
(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.
(c) An LEA may develop its own ACEs training program to make available to the LEA's school personnel.

1 Backlink

49-6-4109(a)

§ 49-1-231. Student support collaborative.

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.

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.

Part 3 State Board of Education

§ 49-1-301. Composition — Chair — Meetings.

(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.
(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.
(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.
(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.
(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.

3 Backlinks

§ 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.

(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);
  1 Backlink
  - 49-4-902(24)
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.
(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.
(c) Standards, policies, recommendations and actions of the board shall be subject in all cases to availability of funds as appropriated by law.
(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 Backlinks
    
    49-5-503(4)
    49-5-504(a)(2)
  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.
      1 Backlink
      
      49-6-105(h)(3)
    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.
      2 Backlinks
      
      49-6-105(h)(1)
      49-6-1508(d)
    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.
  2 Backlinks
  - 49-2-303(a)(1)
  - 49-3-104(11)
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.
  1 Backlink
  - 49-6-105(h)(4)
1 Backlink
- 49-5-113
(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.
1 Backlink
- 49-6-308(c)
(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.
(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.
(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.
(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.
2 Backlinks
- 49-1-1101(a)
- 49-6-707
(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.
(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.
  1 Backlink
  - 49-1-232(2)
(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).
(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.

11 Backlinks

§ 49-1-303. [Reserved]

§ 49-1-304. Acquisition of federal surplus property.

(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.
(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.
(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.

1 Backlink

4-3-1105(14)

§ 49-1-305. Executive director — Staff.

(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.
(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.
(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.
(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.

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.

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.

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.

(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.
(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.
(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.
(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.

(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.
(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.

(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;
  1 Backlink
  - 49-1-312(a)
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).
(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.
(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.

1 Backlink

49-1-311(b)(1)

§ 49-1-312. Standards recommendation committee — English language arts and mathematics — Confirmation of appointments.

(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.
1 Backlink
- 49-1-311(a)(5)
(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.
(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).

1 Backlink

49-1-313(a)

§ 49-1-313. Standards recommendation committee — Science and social studies.

(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.
(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).

2 Backlinks

§ 49-1-314. Responsibility of LEAs in developing instructional programs under state standards.

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.

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.

(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.
(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.
(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.

(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.
(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.

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.

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.

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.

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.

(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.
(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).
(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.

(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).
1 Backlink
- 49-1-614(k)(1)(C)
(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.
  1 Backlink
  - 49-6-2602(3)(C)(i)(b)
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.
  1 Backlink
  - 49-13-122(a)(2)
(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.
(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.
(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.

§ 49-1-603. Value added assessment system.

(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.
(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.
(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.

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; The American Statistician, February 1991; Vol. 45, No. 1;
2. (2) “Extension of the Gauss-Markov Theorem to Include the Estimation of Random Effects,” Harville; The Annals of Statistics, 1976; Vol. 4, No. 2, 384-395;
3. (3) “Analysis of Variance in the Mixed Model: Higher Level, Nonhomogeneous, and Random Regressions,” Henderson; Biometrics, September 1982; No. 38, 623-640;
4. (4) “Maximum Likelihood Approaches to Variance Component Estimation and to Related Problems,” Harville; Journal of the American Statistical Association, 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; Journal of the American Statistical Association, December 1984; Vol. 79, No. 388; and
6. (6) “The Analysis of Unbalanced Linear Models with Variance Components,” Engel; Statistica Neerlandica, 1990; Vol. 44, No. 4.

§ 49-1-605. Annual estimates of school district effects on student progress in grades three through eight (3-8).

(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).
(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).

(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.
(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.
1 Backlink
- 10-7-504(a)(23)

2 Backlinks

§ 49-1-607. Noncompliance with security guidelines for TCAP or successor test.

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.

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.

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.

(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.
(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.

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.

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.

1 Backlink

49-6-6001(i)

§ 49-1-613. Annual school improvement plans.

(a) Effective with school year 2007-2008, each school and LEA shall include in their annual 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.
(b) The department of education shall have the primary responsibility for collecting, evaluating, approving and monitoring system and school improvement plans.

§ 49-1-614. Achievement school district.

(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(o) The ASD shall adopt an appropriate dress code for its professional employees.

4 Backlinks

§ 49-1-615. Establishment of the teacher professional development fund.

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.

§ 49-1-616. [Reserved]

§ 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.

(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).
(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.
(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.
(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.
1 Backlink
- 49-6-6012(b)
(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.

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.

(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.
(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.
(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.

(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.
(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.

This part shall be known and may be cited as the “Data Accessibility, Transparency and Accountability Act.”

§ 49-1-702. Part definitions.

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.

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)(a) 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;
    1 Backlink
    
    49-1-707
  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.

(a) Parents and guardians have the right to inspect and review their children's education records maintained by the school.
(b) Parents and guardians have the right to request student data specific to their children's educational records.
(c) LEAs shall provide parents or guardians with a copy of their children's educational records upon request.
(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.]

1 Backlink

49-2-124(i)

§ 49-1-705. LEAs and schools not to collect certain individual student data.

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.

(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.
(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).
(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.

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.

(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.
(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.
(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.
(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.
(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.
(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.
(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.

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.

(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.
(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.

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.

2 Backlinks

§ 49-1-904. Identification of schools with low reading scores.

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.

(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.
(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.
(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.
1 Backlink
- 49-1-302(d)(2)(B)(xi)
(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.
(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.
(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).
(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.
(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.

(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.
(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.
(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.

1 Backlink

49-5-5619(c)(1)(B)

§ 49-1-907. Early grades reading report.

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.

(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.).
(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.

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.

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.

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.

(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.
(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.

1 Backlink

49-6-1022(a)

§ 49-1-1003. Connie Hall Givens coordinated school health program.

(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.
(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.
(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.

§ 49-1-1004. [Repealed]

§ 49-1-1005. Coordination of school health programs, grants, and initiatives — Coordination of funding — Performance of health screening services under TennCare contracts.

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.

§ 49-1-1006. [Repealed]

§ 49-1-1007. Report — Publication.

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.

§ 49-1-1008. [Repealed]

Part 11 Child Care Programs

§ 49-1-1101. Approval of certain child care programs by commissioner.

(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).
(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.

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.

12 Backlinks

§ 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.

(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.
(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.
(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.
(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.
(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.
(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.

(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.
(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.

(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.
(b) Each day of operation without an effective certificate constitutes a separate offense.
(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.

(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.
(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.
(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.

(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.
(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.
(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.
(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.
(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.
(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.
(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).
(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.
(i) Rules shall be promulgated pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

4 Backlinks

§ 49-1-1108. Annual report.

(a) Each child care program shall submit to the commissioner an annual report.
(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.
(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.

(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.
(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.

§ 49-1-1110. [Repealed]

Part 12 Tennessee Educators Protection Act

§ 49-1-1201. Short title.

This part shall be known and may be cited as the “Tennessee Educators Protection Act.”

§ 49-1-1202. Legislative findings — Applicability.

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.

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.

(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.
(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.

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.

(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.
(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.
(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.
(d) This section does not apply to statements made regarding individuals elected or appointed to a local board of education.
(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.

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.

(a) This part does not limit, modify, or supersede title 29, chapter 39.
(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.

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;
    1 Backlink
    
    49-2-203(a)(9)(A)(i)
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.

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.

1 Backlink

49-2-703

§ 49-2-103. County trustees — Duties.

(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.
(b) A violation of subsection (a) is a Class C misdemeanor.

§ 49-2-104. Inspection of local records.

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.

(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.
(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.
(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.

(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.
(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.

4 Backlinks

§ 49-2-107. Special school districts — Taxes.

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.

(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.
(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.

(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.
(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.

(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.
(b) The manual referenced in subsection (a) shall be published in accordance with the rules, regulations, policies and procedures of the state publications committee.
(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.
(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.
(e) The department of education shall prepare a uniform accounting policy manual for local school systems, subject to the approval of the comptroller of the treasury and the commissioner of finance and administration, and each local school system is required to adopt the manual when issued and maintain all activity fund books and records in accordance with the requirements of the manual.
1 Backlink
- 49-2-607(b)(3)
(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.
(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 no provision of § 49-2-203 or the uniform accounting policy manual for local school systems shall be construed to 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) shall not be construed to prohibit the use of funds in any manner that was authorized prior to April 17, 1995, under § 49-2-203 and the uniform accounting policy manual for local school systems.

4 Backlinks

§ 49-2-111. Reapportionment — Effect on school districts.

(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.

(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.
(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.
(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.
(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.
(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).

2 Backlinks

§ 49-2-113. Mechanical signing of warrants.

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.

(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.
(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.

(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.
(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, intellectual and developmental disabilities and children's services.
(c) [Deleted by 2022 amendment.]
(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.
(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.
(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.
(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.

(a) Any county or municipality is authorized to establish school safety zones.
(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.
(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.
(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.

(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.
(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.

Each LEA shall implement for grades one through six (1-6) an intervention program that utilizes 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.

(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.
(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.

(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.
(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.

(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.
(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.

(a) All public schools must have at least one (1) automated external defibrillator (AED) device placed within the school.
(b) All schools required pursuant to subsection (a) to place AED devices in schools, shall comply with all provisions of title 68, chapter 140, part 4, relative to:
1. (1) Training;
2. (2) Establishment of a written plan that complies with § 68-140-404;
3. (3) Notification;
4. (4) Maintenance and testing of the AEDs to ensure that the devices are in optimal operating condition in compliance with § 68-140-404; and
5. (5) Any other requirements.
(c) Each placement of an AED shall be supervised and endorsed by a physician with an unrestricted license to practice medicine or osteopathy in this state. 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. Subsequently, additional AEDs shall be placed in locations that are accessible during emergency situations. AEDs shall not be placed in an office that is not accessible to any person who might need to use the AED or in any location that is locked during times that students, parents or school employees are present at school or school events.
(d) 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).
(e) 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.
1 Backlink
- 49-50-804(c)
(f) 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.
(g) 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.
(h) Schools are encouraged to offer AED training to school bus drivers.

2 Backlinks

§ 49-2-123. Section definitions — LEA deductions.

(a) 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.
(b) 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).
(c) 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.

(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.
(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.
(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.
(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.
(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.
(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.).
(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.
(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.
(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.

(a) This section shall be known and may be cited as the “Archival Protection Act of 2009.”
(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.

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.

(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.
(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.
(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.
(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.

3 Backlinks

§ 49-2-128. Identification of schools with spaces for additional students — Open enrollment period — Application for transfer — Lottery — Responsibility for transportation.

(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.
(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.
(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.
(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.
(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.
(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.

(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.
(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.
(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.

(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.

(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.
(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.
(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.
(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.
(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.

(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.
(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.

(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.
(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.

(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.
(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.
(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.
(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.
(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.

(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.
(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.
(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.
(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.
(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.

§ 49-2-136. Notification of association that regulates interscholastic athletics of student's placement in foster care — Consent — Privacy — Report.

(a)
1. (1) If a student is placed in foster care, as defined in § 37-1-102(b)(17), and the student seeks to participate in interscholastic athletics, then the public school or public charter school in which the student is enrolled shall notify an association that regulates interscholastic athletics of the student's placement in foster care, if failure to notify the association of the student's placement may result in the student being deemed ineligible to participate in athletics for any period of time.
2. (2) Notwithstanding subdivision (a)(1), a public school or public charter school shall not notify an association that regulates interscholastic athletics of a student's placement in foster care unless the school first obtains written consent from the student's parent or legal guardian, or from the student if the student is eighteen (18) years of age or older, prior to making the notification.
3. (3) A notification made pursuant to this subsection (a) must be made in accordance with state law, the federal Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g), and other relevant privacy laws.
(b)
1. (1) By January 1, 2022, and by January 1 of each year thereafter, each LEA and public charter school shall submit to the department of education documentation of its compliance with this section in the manner prescribed by the commissioner.
2. (2) By January 31, 2022, and by January 31 each year thereafter, the department shall submit a report to the education administration committee of the house of representatives and the education committee of the senate documenting each LEA's and public charter school's compliance with this section.

§ 49-2-137. Stop the bleed program — Bleeding control kits.

(a) For purposes of this section, “bleeding control kit” means a first aid response kit that contains:
1. (1) One (1) tourniquet endorsed by the United States department of defense's committee on tactical combat casualty care;
2. (2) One (1) compression bandage;
3. (3) One (1) bleeding control bandage;
4. (4) Protective gloves;
5. (5) One (1) marker;
6. (6) Scissors; and
7. (7) Instructional materials developed by:
  1. (A) The United States department of homeland security, as part of the department's “Stop the Bleed” campaign; or
  2. (B) Bleeding control materials developed by the American College of Surgeons Committee on Trauma.
(b) Beginning with the 2021-2022 school year, each LEA may develop and implement a “Stop the Bleed” program in consultation with local law enforcement. The program may be implemented in each school and must require:
1. (1) At least one (1) bleeding control kit to be placed in an easily accessible location within the school as determined by the school after consulting with local law enforcement;
2. (2) Bleeding control kits to be included in the district-level safety plans and building-level emergency response plans developed pursuant to chapter 6, part 8 of this title;
3. (3) All LEA employees to receive training on how to use a bleeding control kit;
4. (4) Annual:
  1. (A) Inspection of each bleeding control kit; and
  2. (B) School presentations demonstrating where to locate, and how to use, the items contained in a bleeding control kit; and
5. (5) School officials to replace, as necessary, any expired or missing materials, supplies, or equipment required for a bleeding control kit under subsection (a).
(c)
1. (1) An LEA or school that implements a “Stop the Bleed” program as authorized in subsection (b) is not civilly liable for any personal injury that results from an act or omission of an individual to control bleeding using a bleeding control kit, and that does not amount to willful or wanton misconduct or gross negligence, if the “Stop the Bleed” program developed by the LEA and implemented in the school complies with the requirements of subsection (b).
2. (2) An employee of the LEA is not civilly liable for any personal injury that results from an act or omission of the employee to control bleeding using a bleeding control kit, and that does not amount to willful or wanton misconduct or gross negligence, if the “Stop the Bleed” program developed by the LEA and implemented in the school complies with the requirements of subsection (b).
3. (3) Misuse or abuse of a bleeding control kit on school property by a student is disorderly conduct and subjects the student to disciplinary action.

§ 49-2-138. Publication of LEA's curriculum on website — Update for curriculum changes.

(a) As used in this section, “curriculum” means a list of courses available to students enrolled in the LEA, accompanied by a course description and a list of the materials that will be used to provide instruction for the course.
(b) An LEA shall publish the LEA's curriculum on the LEA's website. The LEA shall update the website of any curriculum changes at the beginning of each semester.

§ 49-2-139. Remote learning drill.

(a) An LEA shall conduct a remote learning drill at least once, but not more than twice, each school year to ensure that schools, students, and parents of students can easily transition from in-person learning to remote learning. The drill must accurately reflect the LEA's plan for transitioning students to remote learning in the event of a disruption to school operations. An LEA shall not require or ask a student to transition to remote learning at any time during a remote learning drill conducted by the LEA.
(b) An LEA shall address any issues that are identified during the remote learning drill.
(c) The department of education shall develop guidance to assist LEAs in conducting remote learning drills.

§ 49-2-140. Operation of school located within geographic boundaries of municipal LEA by county LEA.

(a) As used in this section:
1. (1) “Bonded indebtedness” means bonds, notes, or other debt instruments with a term of not less than twenty (20) years issued by the county or county LEA, the proceeds of which were used to construct or renovate improvements to land;
2. (2) “Land” means the tract of real property upon which a school operated by a county LEA within the geographic boundaries of a municipal LEA is located, and all contiguous tracts of real property, if any, owned by the county or county LEA that are used for the operation of the school and that are located within the geographic boundaries of the municipal LEA; and
3. (3) “Municipal LEA” means an LEA:
  1. (A) Established by a municipality pursuant to § 49-2-127; and
  2. (B) That serves each of the grades kindergarten through twelve (K-12).
(b) Beginning on July 1, 2023, a county LEA shall not operate a school located within the geographic boundaries of a municipal LEA, except as authorized in this section.
(c)
1. (1) A county LEA may operate a school located within the geographic boundaries of a municipal LEA if the municipal LEA and the county LEA enter into a written agreement for such purpose by July 1 prior to the start of the school year immediately following the creation of the municipal LEA pursuant to § 49-2-127 or January 1, 2023, whichever is later. A written agreement entered into between a county LEA and a municipal LEA under this subdivision (c)(1) does not have to include the terms outlined in subdivisions (c)(2)(A)-(H).
2. (2) If a county LEA operates a school located within the geographic boundaries of a municipal LEA and the county LEA and the municipal LEA do not enter into a written agreement under subdivision (c)(1) by July 1 prior to the start of the school year immediately following the creation of the municipal LEA or January 1, 2023, whichever is later, then the municipal LEA, or the municipality in which the municipal LEA is located, shall enter into a written agreement with the county LEA to allow the county LEA to continue operating a school located within the geographic boundaries of the municipal LEA. A written agreement required under this subdivision (c)(2) must:
  1. (A) Set the term of the agreement, which shall not exceed four (4) years; provided, that the county LEA and the municipal LEA may mutually agree at the conclusion of an initial four-year term to extend the agreement for an additional term that shall not exceed eight (8) years. An agreement shall not be extended more than once and shall not exceed a total of twelve (12) years;
  2. (B) Identify each grade level to be taught at each school that is to be operated by the county LEA pursuant to the agreement;
  3. (C) Describe the geographic boundaries of each school zone that is to be operated by the county LEA pursuant to the agreement;
  4. (D) Comply, as applicable, with title 12, chapter 9 and §§ 49-2-1001 and 49-2-1101;
  5. (E) Prohibit rent from being charged for the county LEA's operation of a school located within the geographic boundaries of the municipal LEA for the term of the agreement; provided, that rent may be charged for the county LEA's operation of a school located within the geographic boundaries of the municipal LEA for any year for which the county LEA and the municipal LEA mutually agree to extend the agreement beyond the agreement's initial four-year term;
  6. (F) Establish that the county LEA is responsible for maintaining all improvements to the land for the term of the agreement, unless the parties to the agreement establish otherwise;
  7. (G) Establish that the county LEA is responsible for all utilities and operating expenses of a school located within the geographic boundaries of the municipal LEA that the county LEA operates under the agreement for the term of the agreement, unless the parties to the agreement establish otherwise; and
  8. (H) Be approved by the county LEA's local board of education and the municipal LEA's local board of education, or, if the municipal LEA does not have a local board of education, the municipal legislative body.
(d)
1. (1) If a county LEA owns or operates a school located within the geographic boundaries of a municipal LEA on July 1 prior to the start of the school year immediately following the creation of the municipal LEA pursuant to § 49-2-127 or July 1, 2023, whichever is later, then title to all real property and fixtures used by the county LEA for the operation of a school located within the geographic boundaries of the municipal LEA immediately vests to the municipal LEA by operation of law on such date unless the county LEA and the municipal LEA have voluntarily entered into a written agreement under subdivision (c)(1), in which case title to all real property and fixtures used by the county LEA for the operation of a school located within the geographic boundaries of the municipal LEA immediately vests to the municipal LEA by operation of law on the date on which the written agreement terminates or expires without renewal.
2. (2) If title to all real property and fixtures used by the county LEA for the operation of a school located within the geographic boundaries of the municipal LEA vests pursuant to subdivision (d)(1), then the director of schools for the municipal LEA shall execute an affidavit evidencing transfer of title from the county LEA to the municipal LEA, or to the municipality in which the municipal LEA is located, and shall record the affidavit with the office of the register of deeds for the county in which the property is located. The effective date of a transfer of title pursuant to this subsection (d) is the date on which the municipal LEA's director of schools records the affidavit with the office of the register of deeds.
(e)
1. (1)
  1. (A) A municipal LEA, or the municipality in which the municipal LEA is located, that receives title to all real property and fixtures pursuant to subsection (d) shall reimburse the county LEA for:
    1. (i) The fair market value of the land transferred to the municipal LEA or the municipality in which the municipal LEA is located, excluding any improvements; and
    2. (ii) The principal amount of any outstanding bonded indebtedness for the construction or renovation of improvements to the land, as of the date on which title is transferred under subsection (d).
  2. (B) For purposes of this subdivision (e)(1), “fair market value” is determined by taking the average of two (2) separate appraisals conducted by two (2) independent, qualified appraisers, one (1) selected by the county LEA and one (1) selected by the municipal LEA. If the county LEA or the municipal LEA objects to the average appraisal, then the two (2) independent appraisers selected pursuant to this subdivision (e)(1)(B) must select an independent, qualified appraiser to appraise the land and improvements, which will determine the fair market value.
2. (2)
  1. (A) At least twenty-five percent (25%) of the reimbursement due to the county LEA must be paid to the county on the effective date of the transfer of title. The remainder of the reimbursement must be paid to the county LEA in eight (8) annual installments. The first installment is due one (1) year from the date on which title to all real property and fixtures was transferred to the municipal LEA, or to the municipality in which the municipal LEA is located, pursuant to subsection (d). All subsequent installments are due annually on that same date until the reimbursement obligation is satisfied.
  2. (B) Subdivision (e)(2)(A) does not prohibit the municipal LEA, or the municipality in which the municipal LEA is located, from paying the reimbursement due to the county LEA in one (1) lump sum or in fewer or more frequent installments than required in subdivision (e)(2)(A).
3. (3) If the proceeds of any outstanding bonded indebtedness were used by the county or the county LEA to pay the costs of constructing or renovating improvements for more than one (1) property owned by the county or the county LEA, then the principal amount of the bonded indebtedness, for purposes of subdivision (e)(1)(A)(ii), must be prorated based on the proportion that the actual construction costs for the improvements or renovations to the land bear to the total construction costs of all improvements funded by the bonded indebtedness used to fund the improvements or renovations to the land.
(f) The land and any improvements acquired by the municipal LEA, or the municipality in which the municipal LEA is located, must be used for kindergarten through grade twelve (K-12) educational purposes. If the municipal LEA, or the municipality in which the municipal LEA is located, determines that it is in the community's best interest to sell the land or any improvements thereon during the twenty-year period beginning on the date on which the affidavit evidencing transfer of title is recorded with the office of the register of deeds, then one-half (½) of the net proceeds must be divided equally between the municipal LEA, or the municipality in which the municipal LEA is located, as applicable, and the county LEA, less any payments made to the county LEA as provided in subsection (e).
(g) Upon the termination or expiration of a written agreement entered into between a county LEA and a municipal LEA under subsection (c), the municipal LEA shall operate a school located within the geographic boundaries of the municipal LEA that was previously operated by the county LEA pursuant to the written agreement.

Part 2 Boards of Education

§ 49-2-201. Election or appointment.

(a)
1. (1) Notwithstanding any other law to the contrary, there shall be a board of education elected by the people. Except in counties with a county charter or metropolitan government charter, the board shall consist of no more members than the number of members authorized by general law or private act for boards of education in existence on January 1, 1992, or the number of members actually serving on a board on January 1, 1993, except during transition periods following district reapportionment. In addition to the membership existing on boards as of January 1, 1992, or January 1, 1993, the general assembly may authorize by private act any number of school board members that is no less than three (3) nor more than eleven (11). The members of the board shall be elected for a term of four (4) years, and may succeed themselves. For the first election held pursuant to this section, in order to establish staggered terms of office, the members from even-numbered districts shall be elected for a term of two (2) years, and the members of odd-numbered districts shall be elected for four (4) years. Members of county boards of education shall be residents of and elected from districts of substantially equal population established by resolution of the local legislative body. Members of special school district boards of education shall be elected according to special or private act, but shall be popularly elected on a staggered term basis. Vacancies occurring on the board shall be filled by the local legislative body. In special school districts, vacancies on the board arising from death or resignation shall be filled by the special school district school board. Any person so appointed shall serve until a successor is elected and qualifies according to law. The successor shall be elected at the next general election for which candidates have a sufficient time to qualify under the law. Elections for school board members may be conducted on a partisan or nonpartisan basis. If at least one (1) county primary board of a political party elects to conduct school board elections on a partisan basis, then a person seeking a position on any board in that county may campaign as the nominee or representative of a political party, and political parties may nominate candidates for membership on the board by any method authorized under the rules of the party or by primary election under title 2.
2. (2) Notwithstanding the four-year term set out in this section for school boards, any special school district with a different term established by private act shall retain the existing board term.
3. (3) To implement subdivision (a)(1), the general assembly by private act, or the local legislative body by resolution, may adopt a plan to accomplish a transition from a method of selecting school board members authorized under prior law to an elected school board that is in compliance with subdivision (a)(1). Nothing in this section shall be construed to require simultaneous election of board members, nor to prevent board members selected under prior law or during a transition period from serving the full term for which they were selected. As part of the implementation process under subdivision (a)(1), the local legislative body may renumber existing school districts. During the transition period, the number of school board members may exceed the number authorized under subdivision (a)(1). A transition plan may not be validly enacted or adopted under this section after September 1, 1996.
4. (4) A private act enacted by the general assembly or a resolution adopted by a local legislative body prior to March 27, 1995, that established a transition plan as described in subdivision (a)(3), is declared to be in full compliance with the laws of this state. Any and all otherwise valid actions taken by a school board composed of members selected pursuant to such private acts or resolutions are ratified and confirmed.
5. (5) For any LEA that has failed to implement this section, the general assembly by private act, or the local legislative body by resolution, may adopt a plan to implement four-year staggered terms of election for a local board of education by July 31, 2005. Any plan for staggered terms of election implemented pursuant to this subdivision (a)(5) shall otherwise comply with the requirements of this section, but may vary the staggered sequence provided for in subdivision (a)(1).
6. (6) Any municipal board of education that, as authorized by private act, implemented a transition plan to bring the election of the board members into compliance with subdivision (a)(1), but that failed to comply with the election cycle established by the private act, may, by private act enacted by the general assembly and approved by the municipal legislative body, adopt a plan to restore the election of the board to compliance with subdivision (a)(1); provided, that the plan is adopted and implementation begun prior to January 1, 2009. Any plan for staggered four-year terms of election implemented pursuant to this subdivision (a)(6) shall otherwise comply with the requirements of this section, but may vary the staggered sequence provided for in subdivision (a)(1). Any and all otherwise valid actions taken by the school board during the period of noncompliance with the election cycle required by the private act are ratified and confirmed.
7. (7) Any municipal board of education that, as authorized by private act, implemented a transition plan to bring the election of the board members into compliance with subdivision (a)(1), but currently has an election cycle in June, may, by private act enacted by the general assembly and approved by the municipal legislative body, adopt a plan to elect board members in the August general elections by extending the terms of the current school board members; provided, that the plan is adopted and implementation begun prior to January 1, 2015. Any plan implemented pursuant to this subdivision (a)(7) may extend the terms of any current board of education members, but shall otherwise comply with the requirements of this section.
(b) Only persons who are residents of the area served by an LEA are eligible to serve on the school board in counties with populations of seven hundred thousand (700,000) or more, according to the 1990 federal census or any subsequent federal census.
(c)
1. (1) Except as provided in subdivision (c)(2), members of municipal boards of education may be elected in the same manner, either from districts or at large, or a combination of both, used to elect members of the municipality's governing body, except that municipal school districts whose current board members have been elected from districts as of June 6, 1995, shall continue that method of election.
2. (2) Subdivision (c)(1) does not apply in counties having a population of not less than five hundred thousand (500,000) nor more than five hundred fifty thousand (550,000), or in counties having a population of not less than eight hundred twenty-five thousand (825,000) nor more than eight hundred thirty thousand (830,000), according to the 1990 federal census or any subsequent federal census.
(d)
1. (1)
  1. (A) Primary elections in which candidates nominated for school boards are to appear on the regular August election ballot are held on the first Tuesday in May before the August election. In the years in which an election is held for president of the United States, a political party primary for offices to be elected in the regular August election shall be held on the same day as the presidential preference primary. In such event, the qualifying deadline for independent and primary candidates is twelve o'clock (12:00) noon, prevailing time, on the date established in § 2-5-101(a)(3).
  2. (B) Primary elections in which candidates nominated for school board are to appear on the regular November election ballot are held concurrently with the regular August election. The qualifying deadline for independent and primary candidates is twelve o'clock (12:00) noon, prevailing time, on the date established in § 2-5-101(a)(2).
  3. (C) Primary elections in which candidates nominated for school board are to appear on a ballot other than the regular August or regular November election ballot may be held on the first Tuesday in the third month before the election. If the first Tuesday of the third month falls on a legal holiday, the election shall be held on the second Tuesday of the third month before the election. Nothing in this subdivision (d)(1)(C) requires a primary election to held, political parties may elect to nominate candidates for membership on the board by any method authorized under the rules of the party pursuant to subdivision (a)(1).
2. (2) If the date for a primary election falls within ninety (90) days of an upcoming regular primary or general election being held in the jurisdiction, the commission or commissions may reset the date of the primary election to coincide with the regular primary or general election, even though this may be outside of the time period established herein. All dates dependent on the date of the election must be adjusted accordingly and any acts required to be done by these dates must be performed timely if done in accordance with the adjusted dates.
3. (3) The qualifying deadline for independent and primary candidates is twelve o'clock (12:00) noon, prevailing time, on the date established in § 2-5-101(a).
4. (4) If the county executive committee timely filed a notice with the county election commission directing the commission to hold a May primary election in 2022, then within thirty (30) days of November 12, 2021, the county executive committee may file a supplemental notice, in writing, to include school board offices to be elected in the regular August election within the county.

3 Backlinks

§ 49-2-202. Members and meetings.

(a)
1. (1) Members of the board shall be residents and voters of the county in which they are elected and shall be citizens of recognized integrity, intelligence and ability to administer the duties of the office. To qualify to run as a member of the board of education, a person must be a qualified voter of the county and a resident of the county for one (1) year prior to the date of the qualifying deadline for running as a candidate for the board of education.
2. (2) No member of the county legislative body nor any other county official shall be eligible for election as a member of the county board of education.
3. (3)
  1. (A) Each member of the board of education who has a relative employed by the board shall declare such relationship prior to voting on any matter of business that shall have an effect upon the employment of the relative. In making the declaration, such board member shall certify that the vote that is about to be cast on the pending matter is in the best interest of the school system. Such matters shall include, but shall not be limited to, the school system annual budget, tenure considerations and personnel policies. The director of schools shall give notice to the board each time there is intent to employ a relative of a school board member. The director of schools of a county school system shall also give notice to the county school board each time there is intent to employ a relative of an elected county official. The director of schools of a city school system shall also give notice to the city school board each time there is intent to employ a relative of an elected city official. In giving such notice, the director of schools shall certify that the prospective employee is duly qualified by training and licensure to occupy the position.
  2. (B) As used in this subdivision (a)(3), unless the context otherwise requires, “relative” means a spouse, parent, parent-in-law, child, son-in-law, daughter-in-law, grandparent, grandchild, brother, sister, uncle, aunt, nephew, niece, or any person who resides in the same household as any of the officials referenced in subdivision (a)(3)(A).
  3. (C) This subdivision (a)(3) shall not be construed to prohibit two (2) or more relatives from working for the LEA. If two (2) or more employees who are relatives are within the same direct line of supervision, or become within the same direct line of supervision by marriage or promotion, then the director of schools shall attempt to resolve this issue by transfer of one (1) of the employees. If the director finds that transfer is not feasible or is not in the best interest of students, then an alternate evaluation plan shall be devised for one (1) of the employees.
4. (4) No person shall be eligible to serve on the board unless the person is a bona fide resident of the county and has a practical education; provided, that beginning on October 1, 1990, except in counties having a population of:
  3. 14,94015,000
  4. 49,40049,500
  5. 74,50074,600
  7. according to the 1980 federal census or any subsequent federal census, no person shall qualify as a candidate for a position on a county board of education until the person has filed with the county election commission proof that the candidate graduated from high school or received a high school equivalency credential approved by the state board of education, evidenced by a diploma or other documentation satisfactory to the commission. Any person serving on a school board as of October 1, 1990, shall be allowed to continue to serve and to seek reelection or reappointment to one (1) additional term even though the person may not have graduated from high school or received a high school equivalency credential approved by the state board of education.
5. (5) If any member ceases to reside in the county, the office of the member shall become vacant.
6. (6) All board members shall be properly trained during their service on the board of education. The minimum requirements for this training shall be established by the state board of education and shall include an annual session for all board members.
(b) All members of the local board of education shall take oath to discharge faithfully the duties of the office.
(c) It is the duty of the board of education to:
1. (1) Hold regular meetings at least quarterly for the purpose of transacting public school business; provided, that the chair may call special meetings whenever in the chair's judgment the interest of the public schools requires it, or when requested to do so by a majority of the board. The chair or the chair's designee shall give reasonable notice of the time and location of all meetings to the president of the local education association or the president's designee; and
  1 Backlink
  - 49-2-203(a)(13)(C)
2. (2) Elect one (1) of its members as chair annually.
(d) The compensation of members of the county board for the members' services when attending regular and special meetings and discharging the duties imposed by this title shall not exceed the compensation fixed for members of the county legislative body and must be included in the school district budget submitted to the county legislative body. A school board member's compensation shall not be reduced from the prior year. The county trustee shall not pay a voucher issued to members unless the voucher has been approved by the county mayor. A board member shall not receive less than four dollars ($4.00) per day for the member's services.
(e)
1. (1) When a vacancy occurs, the unexpired term shall be filled at the next regular meeting of the county legislative body or at a special meeting of the county legislative body.
2. (2) Vacancies shall be declared to exist, on account of death, resignation or removal from the county.
3. (3) A temporary absence of a county board member to serve in the military shall not constitute a vacancy in office and such absence shall not be subject to the requirements of § 8-48-205(5).
1 Backlink
- 49-2-213(d)
(f) Notwithstanding § 49-2-201 and this section to the contrary, the board of education for each LEA that operates one (1) or more high schools may annually select, prior to commencement of the new school year, high school students to serve as advisory, nonvoting members of the board. If a board of education selects high school students to serve as advisory, nonvoting members of the board, then the board shall not select more than four (4) students to serve each year. The students serve without compensation but may, at the discretion of the board, be reimbursed for reasonable and necessary expenses incurred while engaged in board business.
(g) A majority of all of the members constituting the board, and not merely a majority of the quorum, shall be required to transact all business coming before the board in regular or special meetings.

§ 49-2-203. Duties and powers.

(a) It is the duty of the local board of education to:
1. (1) Elect, upon the recommendation of the director of schools, teachers who have attained or are eligible for tenure and fix the salaries of and make written contracts with the teachers;
  1. (A) No individual shall be elected to an interim contract unless the individual so elected is to fill a vacancy created by a leave of absence as set forth in § 49-5-702;
  2. (B) All contracts with educational assistants will be for nonteaching positions;
  3. (C) Educational assistants shall be subject to direct supervision of certificated teachers when directly involved in the instructional program; and
  4. (D) No member of any local board of education shall be eligible for election as a teacher or any other position under the board carrying with it any salary or compensation;
  1 Backlink
  - 49-2-301(b)(1)(CC)
2. (2) Manage and control all public schools established or that may be established under its jurisdiction;
3. (3)
  1. (A) Purchase all supplies, furniture, fixtures and material of every kind through the executive committee;
  2. (B)
    1. (i) All expenditures for the purchase of supplies, furniture, fixtures, or materials through the executive committee may follow the prescribed procedures of the LEA's respective local governing body, if that body, through its charter, private act, or ordinance has established a procurement procedure that provides for advertisement and competitive bidding, except that, if a newspaper advertisement is required, then it may be waived in case of emergency;
    2. (ii)
      1. (a) If the LEA chooses not to follow the local governing body's purchasing procedures, and the LEA is located in a county having a population of less than forty thousand (40,000), according to the 2010 federal census or any subsequent federal census, then all expenditures for the purchase of supplies, furniture, fixtures, or materials through the executive committee estimated to cost ten thousand dollars ($10,000) or more must be made on competitive bids, which must be solicited by advertisement in a newspaper of general circulation in the county, except that the newspaper advertisement may be waived in case of emergency; or
      2. (b) If the LEA chooses not to follow the local governing body's purchasing procedures, and the LEA is located in a county having a population of forty thousand (40,000) or more, according to the 2010 federal census or any subsequent federal census, then all expenditures for the purchase of supplies, furniture, fixtures, or materials through the executive committee estimated to cost twenty-five thousand dollars ($25,000) or more must be made on competitive bids, which must be solicited by advertisement in a newspaper of general circulation in the county, except that the newspaper advertisement may be waived in case of emergency;
    3. (iii) LEAs that have a purchasing division may use a comprehensive vendor list to solicit competitive bids; provided, that:
      1. (a) The vendors on the list are given notice to bid; and
      2. (b) The purchasing division shall periodically advertise in a newspaper of general circulation in the county for vendors and shall update the list of vendors following the advertisement;
  3. (C)
    1. (i) If the LEA chooses not to follow the local governing body's purchasing procedures, and the LEA is located in a county having a population of less than forty thousand (40,000), according to the 2010 federal census or any subsequent federal census, then all purchases of less than ten thousand dollars ($10,000) may be made in the open market without newspaper notice, but must, whenever possible, be based upon at least three (3) competitive bids; or
    2. (ii) If the LEA chooses not to follow the local governing body's purchasing procedures, and the LEA is located in a county having a population of forty thousand (40,000) or more, according to the 2010 federal census or any subsequent federal census, then all purchases of less than twenty-five thousand dollars ($25,000) may be made in the open market without newspaper notice, but must, whenever possible, be based upon at least three (3) competitive bids;
  4. (D)
    1. (i)
      1. (a) For the construction of school buildings or additions to existing school buildings, the LEA may follow the prescribed procedures of the LEA's respective local governing body, if that body, through its charter, private act, or ordinance has established a procurement procedure that provides for advertisement and competitive bidding;
      2. (b)
        
        (1) If the LEA chooses not to follow the local governing body's procedure, and the LEA is located in a county having a population of less than forty thousand (40,000), according to the 2010 federal census or any subsequent federal census, then the board shall contract, following open bids, for the construction of school buildings or additions to existing school buildings, the expenditure for which is ten thousand dollars ($10,000) or more; or
        
        (2) If the LEA chooses not to follow the local governing body's procedure, and the LEA is located in a county having a population of forty thousand (40,000) or more, according to the 2010 federal census or any subsequent federal census, then the board shall contract, following open bids, for the construction of school buildings or additions to existing school buildings, the expenditure for which is twenty-five thousand dollars ($25,000) or more;
      3. (c) Public notice must be given at least ten (10) days in advance of accepting bids for the construction, and the board shall award the contract to the lowest and best bidder. Whether following the local governing body's procedures or the procedures set forth in this subdivision (a)(3)(D)(i), in the event no bid is within the budgetary limits set by the board for the construction, the board may negotiate with the lowest and best bidder to bring the cost of the construction within the funds available;
    2. (ii) Construction management services that are provided for a fee and that involve preconstruction and construction administration and management services are deemed to be professional services and may be performed by a qualified person licensed under title 62, chapter 6. Construction management services are to be procured for each project through a written request for proposals process through advertisement made pursuant to subdivision (a)(3)(B). A board may include, in a single written request for proposal process, new school construction or renovation projects at up to three (3) sites, if construction at all sites will occur at substantially the same time. The written request for proposals process will invite prospective proposers to participate and will indicate the service requirements and the factors used for evaluating the proposals. The factors shall include the construction manager's qualifications and experience on similar projects, qualifications of personnel to be assigned to the project, fees and costs or any additional factors deemed relevant by the procuring entity for procurement of the service. Cost is not to be the sole criterion for evaluation. The contract for such services shall be awarded to the best qualified and responsive proposer. A construction manager is prohibited from undertaking actual construction work on a project over which the construction manager coordinates or oversees the planning, bid or construction phases of the project, except in instances where bids have been solicited twice and no bids have been submitted. If the construction manager can document that a good faith effort was made in each bid solicitation to obtain bids and no bids were received, then the construction manager may perform the construction work at a price agreed upon by the construction manager, the architect and the owner of the project. A school system, at its own discretion, may perform work on the project with its own employees, and may include the coordination and oversight of this work as part of the services of the construction manager. Sealed bids for actual construction work shall be opened at the bid opening and the names of the contractors and their bid amounts shall be announced;
    3. (iii) Construction management agent or advisor services for the construction of school buildings or additions to existing buildings in accordance with subdivision (a)(3)(D)(ii) may be performed by:
      1. (a) A general contractor licensed in Tennessee pursuant to title 62, chapter 6; provided, that none of such services performed by a general contractor involve any of the services exempt from the requirements of title 62, chapter 6 as “normal architectural and engineering services” under § 62-6-102(4)(B) or (C), unless, with regard to the performance of any services defined as normal architectural and engineering services, the general contractor is also licensed as an architect or engineer under title 62, chapter 2; or
      2. (b) An architect or an engineer licensed pursuant to title 62, chapter 2; provided, that none of such services performed by an architect or engineer involve any of the services required to be performed by a contractor within the definition of “contractor” under § 62-6-102, unless with regard to the performance of any services included within the definition of contractor, the architect or engineer is also licensed as a contractor under title 62, chapter 6;
    4. (iv) Construction work that is under the coordination and oversight of a construction manager shall be procured through competitive bids as provided in this subsection (a);
  5. (E) No board of education shall be precluded from purchasing materials and employing labor for the construction of school buildings or additions to school buildings;
  6. (F) Subdivisions (a)(3)(B), (C) and (E) apply to local boards of education of all counties, municipalities and special school districts; provided, however, that subdivisions (a)(3)(B) and (C) shall not apply to purchases by or for a county's or metropolitan government's board of education in counties with a population of not less than two hundred thousand (200,000), according to any federal census, so long as the county, through county or metropolitan government charter, private act, or ordinance, establishes a procedure regarding purchasing that provides for advertisement and competitive bidding and sets a dollar amount for each purchase requiring advertisement and competitive bidding; and provided, further, that purchases of less than the dollar amount requiring advertisement and competitive bidding shall, wherever possible, be based upon at least three (3) competitive bids. Subdivision (a)(3)(D) applies to county and municipal boards of education;
  7. (G)
    1. (i) Notwithstanding any law to the contrary, contracts for energy-related services that include both engineering services and equipment, and have as their purpose the reduction of energy costs in public schools or school facilities shall be awarded on the basis of recognized competence and integrity and shall not be competitively bid;
    2. (ii) In the procurement of engineering services under this subdivision (a)(3)(G), the local board may seek qualifications and experience data from any firm or firms licensed in Tennessee and interview such firm or firms. The local board shall evaluate statements of qualifications and experience data regarding the procurement of engineering services, and shall conduct discussions with such firm or firms regarding the furnishing of required services and equipment and then shall select the firm deemed to be qualified to provide the services and equipment required;
    3. (iii) The local board shall negotiate a contract with the qualified firm for engineering services and equipment at compensation which the local board determines to be fair and reasonable to the LEA. In making such determination, the local board shall take into account the estimated value of the services to be rendered, the scope of work, complexity and professional nature thereof and the value of the equipment;
    4. (iv) Should the local board be unable to negotiate a satisfactory contract with the firm considered to be qualified, at a price determined to be fair and reasonable, negotiations shall continue with other qualified firms until an agreement is reached;
    5. (v) A local board having a satisfactory existing working relationship for engineering services and equipment under this subdivision (a)(3)(G) may expand the scope of the services; provided, that they are within the technical competency of the existing firm, without exercising this subdivision (a)(3)(G); and
    6. (vi) This subdivision (a)(3)(G) shall not prohibit or prevent the energy efficient schools council from establishing required design criteria in accordance with industry standards;
4. (4) Order warrants drawn on the county trustee on account of the elementary and the high school funds, respectively;
5. (5) Visit the schools whenever, in the judgment of the board, such visits are necessary;
6. (6) Except as otherwise provided in this title, dismiss teachers, principals, supervisors and other employees upon sufficient proof of improper conduct, inefficient service or neglect of duty; provided, that no one shall be dismissed without first having been given in writing due notice of the charge or charges and an opportunity for defense;
7. (7) Suspend, dismiss or alternatively place pupils, when the progress, safety or efficiency of the school makes it necessary or when disruptive, threatening or violent students endanger the safety of other students or school system employees;
8. (8) Provide proper record books for the director of schools, and should the appropriate local legislative body fail or refuse to provide a suitable office and sufficient equipment for the director of schools, the local board of education may provide the office and equipment out of the elementary and the high school funds in proportion to their gross annual amounts;
9. (9)
  1. (A)
    1. (i) Require the director of schools and the chair of the local board of education to prepare a budget on forms furnished by the commissioner, and when the budget has been approved by the local board, to submit the budget to the appropriate local legislative body. The director of schools and the chair of the local board of education shall prepare a budget according to the revenue estimates and revenue determinations made by the county legislative body under § 49-2-101(1)(D);
    2. (ii) No LEA shall submit a budget to the local legislative body that directly or indirectly supplants or proposes to use state funds to supplant any local current operation funds, excluding capital outlay and debt service;
  2. (B)
    1. (i) Notwithstanding any other law to the contrary, for any fiscal year, if state funding to the county for education is less than state funding to the county for education during the fiscal year 1990-1991 or less than the previous fiscal year's state funding to the county for education, except that a reduction in funding based on fewer students in the county rather than actual funding cuts shall not be considered a reduction in funding for purposes of this subdivision (a)(9)(B)(i), local funds that were appropriated and allocated to offset state funding reductions during any previous fiscal year are excluded from this maintenance of local funding effort requirement;
    2. (ii) It is the intent of subdivision (a)(9)(B)(i) to allow local governments the option to appropriate and allocate funds to make up for state cuts without being subject to a continuation of funding effort requirement as to those funds for any year during which the state reinstates the funding or restores the previous cuts, and during any subsequent year should the state fail to restore the funding cuts;
  3. (C) Subdivision (a)(9)(A)(ii) shall not apply to a newly created LEA in any county where the county and city schools are being combined for a period of three (3) years after the creation of the LEA. The county board of education shall submit its budget to the county legislative body no later than forty-five (45) days prior to the July term or forty-five (45) days prior to the actual date the budget is to be adopted by the county legislative body if the adoption is scheduled prior to July 1;
  1 Backlink
  - 49-5-402(c)
10. (10) Prepare, or have prepared, a copy of the minutes of each meeting of the board of education, and provide a copy of the minutes no more than thirty (30) days after the board meeting or at the time they are provided to members of the board, if such is earlier, to the president of each local education association. Any subsequent corrections, modifications or changes shall be distributed in the same manner;
11. (11) Adopt and enforce, in accordance with guidelines prescribed by the state board of education pursuant to § 49-6-3002, minimum standards and policies governing student attendance, subject to availability of funds;
12. (12) Develop and implement an evaluation plan for all certificated employees in accordance with the guidelines and criteria of the state board of education, and submit the plan to the commissioner for approval;
13. (13)
  1. (A) Notwithstanding any other public or private act to the contrary, employ a director of schools under a written contract of up to four (4) years' duration, which may be renewed. No school board, however, may either terminate, without cause, or enter into a contract with any director of schools during a period extending from forty-five (45) days prior to the general school board election until thirty (30) days following the election. Any vacancy in the office of the director that occurs within this period shall be filled on a temporary basis, not extending beyond sixty (60) days following the general school board election. An option to renew a contract that exists on May 22, 2001, may be exercised within the time period set out in this subdivision (a)(13)(A). Any such person transferred during the term of the person's contract shall not have the person's salary diminished for the remainder of the contract period. The board may dismiss the director for cause as specified in this section or in chapter 5, part 5 of this title, as appropriate. The director of schools may be referred to as the superintendent and references to or duties of the former county superintendents shall be deemed references to or duties of the director of schools employed under this section. The school board is the sole authority in appointing a director of schools;
  2. (B) Each school board shall adopt a written policy regarding the method of accepting and reviewing applications and interviewing candidates for the position of director of schools;
  3. (C) No school board shall extend the contract of a director of schools without giving notice of the intent to do so at least fifteen (15) calendar days prior to the scheduled meeting at which action shall be taken. Further, except in cases concerning allegations of criminal or professional misconduct, no school board shall terminate the contract or remove a director of schools from office without giving notice at least fifteen (15) calendar days prior to the scheduled meeting at which action shall be taken. Notice of extension or termination of a contract of a director of schools shall include the date, time and place of the meeting, and shall comport with all other requirements of §§ 8-44-103 and 49-2-202(c)(1). The proposed action shall be published as a specific, clearly stated item on the agenda for the meeting. Such item, for the convenience of the public attending the meeting, shall be the first item on the agenda;
14. (14) Adopt policies on the employment of substitute teachers. The policies shall, at a minimum, address qualifications and training and shall ensure substitute teachers are subject to investigation pursuant to § 49-5-413. The policies shall also prohibit hiring any substitute teacher whose records with the state department of education indicate a license or certificate currently in revoked status; and
15. (15) Develop and implement an evaluation plan to be used annually for the director of schools. The plan shall include, but shall not be limited to, sections regarding job performance, student achievement, relationships with staff and personnel, relationships with board members, and relationships with the community.
(b) The local board of education has the power to:
1. (1) Consolidate two (2) or more schools whenever in its judgment the efficiency of the schools would be improved by the consolidation;
2. (2) Require school children and any employees of the board to submit to a physical examination by a competent physician whenever there is reason to believe that the children or employees have tuberculosis or any other communicable disease, and upon certification from the examining physician that the children or employees have any communicable disease, to exclude them from school or service until the child or children, employer or employers, employee or employees furnish proper certificate or certificates from the examining physician or physicians showing the communicable disease to have been cured;
3. (3) Establish night schools and part-time schools whenever in the judgment of the board they may be necessary;
4. (4) Permit school buildings and school property to be used for public, community or recreational purposes under rules, regulations and conditions as prescribed from time to time by the board of education;
  1. (A) No member of the board or other school official shall be held liable in damages for any injury to person or property resulting from the use of school buildings or property;
  2. (B) The local board of education may lease buildings and property or the portions of buildings and property it determines are not being used or are not needed at present by the public school system to the owners or operators of private child care centers and kindergartens for the purpose of providing educational and child care services to the community. The leases may not be entered for a term exceeding five (5) years and must be on reasonable terms that are worked out between the school board and the owner or operator. The leasing arrangement entered into in accordance with this subdivision (b)(4)(B) shall not be intended or used to avoid any school integration requirement pursuant to the fourteenth amendment to the Constitution of the United States. The local board of education shall not execute any lease pursuant to this subdivision (b)(4) that would replace or supplant existing kindergarten programs or kindergarten programs maintained pursuant to the Minimum Kindergarten Program Law, codified in § 49-6-201. This subdivision (b)(4) shall also apply to municipal boards of education;
  1 Backlink
  - 29-20-112(d)
5. (5) Employ legal counsel to advise or represent the board;
6. (6) Make rules providing for the organization of school safety patrols in the public schools under its jurisdiction and for the appointment, with the permission of the parents, of pupils as members of the safety patrols;
7. (7) Establish minimum attendance requirements or standards as a condition for passing a course or grade; provided, that the requirements or standards are established prior to any school year in which they are to be applicable, are recorded in board minutes and publicized through a newspaper of general circulation prior to implementation and are printed and distributed to students prior to implementation; and provided, further, that the requirements or standards shall not violate § 49-6-3002(b);
8. (8) Provide written notice to probationary teachers of specific reasons for failure of reelection pursuant to this title; provided, that any teacher so notified shall be given, upon request, a hearing to determine the validity of the reasons given for failure of reelection; provided, that:
  1. (A) The hearings shall occur no later than thirty (30) days after the teacher's request;
  2. (B) The teacher shall be allowed to appear, call witnesses and plead the teacher's cause in person or by counsel;
  3. (C) The board of education shall issue a written decision regarding continued employment of the teacher; and
  4. (D) Nothing contained in this subdivision (b)(8) shall be construed to grant tenure or the expectation of continued employment to any person;
9. (9) Offer and pay a bonus or other monetary incentive to encourage the retirement of any teacher or other employee who is eligible to retire. For purposes of this subdivision (b)(9), “local board of education” means the board of education of any county, municipal or special school system;
10. (10) Lease or sell buildings and property or the portions of buildings or property it determines are not being used or are not needed at present by the public school system in the manner deemed by the board to be in the best interest of the school system and the community that the system serves. In determining the best interest of the community, the board may seek and consider recommendations from the planning commission serving the community. No member of the local or county board or other school official shall be held liable in damages for any injury to person or property resulting from the use of the school buildings or property. No lease or sale shall be used to avoid any school integration requirement. A local board of education may also dispose of surplus property as provided in §§ 49-6-2006 and 49-6-2007, it being the legislative intent that a local board at its discretion may dispose of surplus property to private owners as well as civic or community groups as provided by this subdivision (b)(10);
  1 Backlink
  - 49-6-2007(e)
11. (11) Establish and operate before and after school care programs in connection with any schools, before or after the regular school day and while school is not in session. Tennessee investment in student achievement formula (TISA) funds and required local contributions cannot be used in connection with the operation of a before or after school care program. The board may charge a fee of any child attending a before or after school care program;
  2 Backlinks
  - 49-1-1102(3)
  - 49-1-302(i)(1)(A)
12. (12) Contract for the management and operation of the alternative schools provided for in § 49-6-3402 with any other agency of local government;
13. (13) Include in student handbooks, or other information disseminated to parents and guardians, information on contacting child advocacy groups and information on how to contact the state department of education for information on student rights and services;
14. (14) Cooperate with community organizations in offering extended learning opportunities;
15. (15) Apply for and receive federal or private grants for educational purposes. Notwithstanding title 5, chapter 9, part 4, except for grants requiring matching funds, in-kind contributions of real property or expenditures beyond the life of the grant, appropriations of federal or private grant funds shall be made upon resolution passed by the local board of education and shall comply with the requirements established by the granting entity. A county board of education or city board of education shall provide a copy of such resolution to the local legislative body as notice of the board’s actions within seven (7) days of the resolution’s passage; and
16. (16) Operate ungraded or unstructured classes in grades kindergarten through three (K-3). The operation of ungraded or unstructured classes does not impair the LEA's ability to receive funds under the Tennessee investment in student achievement formula (TISA).
(c)
1. (1) Notwithstanding title 8, chapter 44, part 1, a local board of education may conduct a scheduled board meeting by electronic means, including, but not limited to, telephone, videoconferencing, or other web-based media pursuant to this subsection (c).
2. (2) A board meeting shall not be conducted with electronic participation unless a quorum of members is physically present at the location of the meeting.
3. (3) A board member may only participate electronically in a scheduled board meeting pursuant to this subsection (c) if:
  1. (A) The member participating by electronic means can be visually identified by the chair; and
  2. (B)
    1. (i) The member is out of the county due to work; provided, that the member participates electronically for such reason no more than two (2) times per year;
    2. (ii) The member is sick or in a period of convalescence on the advice of a healthcare professional that the member not appear in person; provided, that the member participates electronically for such reason no more than three (3) times per year;
    3. (iii) The member is out due to inclement weather or natural disaster if the schools in the LEA are closed; provided, that the member participates electronically for such reason no more than three (3) times per year;
    4. (iv) The member has a family emergency that inhibits the member from attending the board meeting in person; provided, that the member participates electronically for such reason no more than two (2) times per year; or
    5. (v) The member is out of the county due to military service.
4. (4) A board member wishing to participate in a scheduled board meeting electronically who is or will be out of the county because of work shall give at least five (5) days' notice prior to the scheduled board meeting of the member's intention to participate electronically.
5. (5) The local board of education shall develop a policy for conducting electronic meetings pursuant to this subsection (c).
(d)
1. (1)
  1. (A) Notwithstanding any law to the contrary, the local boards of education, the municipal legislative bodies, and the county legislative body are authorized to negotiate and enter into a binding agreement that addresses the municipality's or county's responsibility to remit certain gross receipt taxes owed by the municipality or county, under § 57-4-306(a)(2), as such subdivision existed prior to July 1, 2014, if:
    1. (i) At any time prior to entering the binding agreement authorized in subdivision (d)(1)(A), a municipality or county has received from the commissioner of revenue gross receipt taxes collected by the department under § 57-4-301(c) and as authorized by § 57-4-306(a)(2), as such subdivision existed prior to July 1, 2014; and
    2. (ii) Thereafter the municipality or county, acting in good faith did not remit the proceeds to the appropriate school fund, system, or systems as required by § 57-4-306(a)(2), as such subdivision existed prior to July 1, 2014.
  2. (B) Such agreement, in determining the municipality's or county's responsibility to remit certain gross receipt taxes owed by the municipality or county, under § 57-4-306(a)(2), as such subdivision existed prior to July 1, 2014, may permit the municipality or county to offset its liability in whole or in part by past, present or future appropriations, expenditures, allocation of revenue, gifts, capital projects or other similar payments, grants, or any consideration made by the municipality or county to the school system, on behalf of the school system, or otherwise directly benefitting the school system.
2. (2) Such agreement shall be entered into and approved no later than August 31, 2014, and shall be the final understanding of the obligations between the parties and shall not be subject to additional requests or demands. A copy of this agreement shall be filed with the comptroller of the treasury and the commissioner of revenue. If any party defaults, then the aggrieved party shall notify the comptroller of the default. The comptroller shall deliver by certified mail a written notice of such default to the defaulting party within five (5) business days of receiving the notice. In the event the defaulting party fails to cure the default within sixty (60) days of the receipt of such notice, the comptroller shall direct the commissioner to withhold future distributions of proceeds authorized under § 57-4-306(a)(2), as such subdivision existed prior to July 1, 2014, to the defaulting party. Upon the commissioner's withholding of the proceeds, an aggrieved party shall have the authority to pursue equitable relief against the defaulting party in the chancery court of Davidson County. Upon receipt of a copy of the final judgment of the court, the commissioner shall distribute all withheld proceeds to the defaulting party, which shall remit such proceeds to the aggrieved party pursuant to the judgment. If the amount of the judgment is not satisfied by the withheld proceeds, the defaulting party shall be solely responsible for remitting future proceeds to the aggrieved party pursuant to the judgment.
3. (3)
  1. (A) If by September 1, 2014, the local boards of education, the municipal legislative bodies, and the county legislative body fail to enter into a binding agreement as authorized under subdivision (d)(1)(A), then any party may:
    1. (i) Seek equitable relief in the chancery court of Davidson County; or
    2. (ii) Request the comptroller to undertake binding arbitration to resolve any disagreements. The comptroller shall select the arbitrator.
  2. (B) Such equitable relief shall be limited to those proceeds received by the local political subdivision pursuant to § 57-4-306(a)(2), as such subdivision existed prior to July 1, 2014, and not remitted to the proper fund, system or systems as required by § 57-4-306(a)(2), as such subdivision existed prior to July 1, 2014, from July 1, 1999, to June 30, 2014. The amount owed the appropriate school fund, system, or systems may be paid in equal installments, but not to exceed ten (10) years.
  3. (C) All costs incurred by the comptroller of the treasury and the department of revenue under this subdivision (d)(3) shall be born equally by the parties.
  4. (D) In the event a party fails to pursue the remedies available pursuant to subdivision (d)(3)(A)(i) or (d)(3)(A)(ii) by December 31, 2014, then the party shall be barred from any other relief for proceeds received by a local political subdivision prior to July 1, 2014.
4. (4) As the historical records of the comptroller of the treasury and the department of revenue permit, the comptroller of the treasury is authorized to provide to the local boards of education, the municipal legislative bodies, and the county legislative body the amount of the proceeds distributed to the local political subdivisions by the department under § 57-4-306(a)(2), as such subdivision existed prior to July 1, 2014.
5. (5) This subsection (d) shall not apply to any action, case, or proceeding commenced prior to June 1, 2014.
6. (6) Any agreement to address a municipality's or county's responsibility to remit certain gross receipt taxes owed by the municipality or county under § 57-4-306(a)(2) entered into prior to May 13, 2014, is hereby ratified and this subsection (d) shall not apply to such agreements.
7. (7) This subsection (d) shall not apply in counties having a population, according to the 2010 federal census or any subsequent federal census of:
  3. 98,90099,000
  4. 336,400336,500
(e) Notwithstanding any public or private act to the contrary, a local board of education's administrative office may be located within a building owned by the United States government, or an agency or instrumentality of the United States government, pursuant to a lease or easement authorized by the United States government.

10 Backlinks

§ 49-2-204. Debts — Penalty.

Any member of the board who votes to create debts beyond the legitimate income provided in the school budget for any school year or in any way misappropriates or misuses school funds commits a Class A misdemeanor and shall forfeit office.

§ 49-2-205. Chair — Powers and duties.

It is the duty of the chair of the local board of education to:
1. (1) Preside at all meetings of the board;
2. (2) Appoint committees authorized by the board;
3. (3) Serve as chair of the executive committee; and
4. (4) Countersign all warrants authorized by the board of education and issued by the director of schools for all expenditures of the school system.

§ 49-2-206. Executive committee — Powers and duties.

(a) The chair of the board of education and director of schools constitute the executive committee of the board of education.
(b) The duties of the executive committee are to:
1. (1) Meet at the office of the director as often as necessary to perform the duties required;
2. (2) Advertise for bids and let contracts authorized by the board of education;
3. (3) Serve as the purchasing agent for the board; provided, that this shall not apply to counties having a purchasing board nor to counties having a purchasing agent created by a private or local act;
4. (4) Examine all accounts authorized by the board and see that the budget approved by the legislative body is not exceeded;
5. (5) Submit at each regular meeting of the board for approval a full report of all business transacted since the last regular meeting, which report shall be recorded as a part of the minutes of the board of education; and
6. (6) Transact any other business assigned to the committee by the board.

§ 49-2-207. Policy pamphlets.

(a) The local board of education shall compile and publish an official operating policy pamphlet, which shall contain, but not be limited to, such procedures as have been established by letter, directive, written or verbal memorandum, custom or tradition, and by which schools are managed, operated or controlled. Such policy pamphlet shall be updated every two (2) years.
(b) “Pamphlet” may mean a loose-leaf binder.
(c) A copy of the updated board of education operating policy pamphlet shall be distributed to each principal of each local school system to be kept on file and available in each school library during and immediately after normal school hours. Board of education operating policies kept in electronic format and available in each school library shall satisfy the requirements of this subsection (c).
(d) An LEA shall maintain on file:
1. (1) Added or amended policies and make the policies available in each school library operated by the LEA; and
2. (2) Notice of deleted policies and make such notice available in each school library operated by the LEA or at the LEA's central office.
(e) If a local board's operating policies are kept in electronic format, and if the board also maintains an internet website, then the board shall make its operating policies available and accessible on that website.
(f) The commissioner shall be authorized and directed to take appropriate action to enforce this section.

§ 49-2-208. Tax-sheltered annuities.

(a) A local board of education is authorized to enter into written agreements with any of its employees to pay, at the request of its employees, a part of the incomes of the employees for the purchase of annuity or other contracts which meet the requirements of § 403(b) of the Internal Revenue Code. The amount of the reduction may not exceed the amount excludable from income under § 403(b), § 415, or § 402(g) of the Internal Revenue Code and shall be considered a part of the employee's salary for all purposes other than federal income tax. The annuity or other contracts shall only be purchased from:
1. (1) An insurance or annuity company authorized to do business in this state; or
2. (2) Any broker or dealer licensed to sell shares of regulated investment companies to be held in custodial accounts as authorized by § 403(b)(7) of the Internal Revenue Code.
(b) A local board of education that elects to provide a 403(b) plan pursuant to this section must extend membership eligibility in the plan to all of its teachers, or to all of its full-time nonteachers, or both. If the board extends membership eligibility in the plan to any teacher, then all of its teachers must be given the option of participating in the plan under the same terms and conditions. If the board extends membership eligibility in the plan to any full-time nonteachers, then all of its full-time nonteachers must be given the option of participating in the plan under the same terms and conditions. The board may further extend membership eligibility in the plan to its part-time nonteachers; provided, that all of its part-time nonteachers are given the option of participating under the same terms and conditions. For purposes of this subsection (b), “teacher” means those persons included within the definition in § 8-34-101 who are participating members of the Tennessee consolidated retirement system. In addition, “same terms and conditions” includes, but is not limited to, any employer matching of contributions made by the local board of education pursuant to subdivision (f)(1).
(c) Any agreement entered into between a local board of education and an employee pursuant to this section shall specify the amount and the effective date of the reduction, be legally binding and irrevocable with respect to the amounts earned while the agreement is in effect and state that the agreement shall impose no liability or responsibility whatsoever on the board except to show that the payments have been remitted for the purposes for which deducted.
(d) Upon entering into such an agreement, the board shall thereafter pay the deductions while the annuity or other investment contract is in force and while the employee is actively employed by the board. Upon advance written notice duly given to the board by the employee, the board shall make any changes in the manner or amount of deductions required under the terms of the agreement and shall stop the deductions when so notified in advance by the employee.
(e) Notwithstanding any other law to the contrary, any compensation deferred under this section shall be considered part of an employee's compensation for purposes of any other employee retirement, pension or benefit program. No deferral of income under this section shall effect a reduction of any retirement, pension or other benefit program provided by law.
(f)
1. (1) Each local board of education that administers the purchase of annuity or other contracts under this section may elect to provide for employer matching of contributions made by employees under this section; provided, that the employer matching is included in the board's budget and is ratified by the local board of education and the appropriate local legislative body. Before making the contributions, the board shall select, through competitive bidding and contracts, one (1) or more insurance companies or mutual fund managers from which contracts are to be purchased for the purpose of depositing and investing employer contributions. In evaluating the bids, the board shall consider:
  1. (A) The financial condition and operating performance of the entity;
  2. (B) The long-term performance of the investment products offered by the entity; and
  3. (C) The fund expense ratios, administrative fees and any other charges or penalties affecting investment return.
2. (2) Any entity selected to receive and administer employer contributions must meet the following minimum qualifications and standards:
  1. (A) The entity must offer a range of investment choices, including, at a minimum, a money market fund, a bond fund and a stock fund;
  2. (B) The entity shall not apply sales loads, deferred sales charges, surrender fees or early withdrawal penalties; furthermore, the combined total of any mortality and expense risk fees and separate account charges imposed by the entity prior to annuitization of the account balance shall not exceed one percent (1%) of assets on an annualized basis;
  3. (C) The entity shall not impose minimum contribution requirements on employees or the board; and
  4. (D) The entity must have been in business for at least five (5) years and have a minimum of one billion dollars ($1,000,000,000) in assets. If the entity is an insurance company, the entity must also be rated by two (2) or more nationally recognized rating services as being within the three (3) highest rating categories for financial condition and operating performance.
3. (3) Employer contributions made under this subsection (f) shall not be considered part of an employee's compensation for purposes of any other employee retirement, pension or benefit program.
(g) Any annuity or other contract entered into under the authority of this section shall conform to all applicable laws, rules and regulations of the internal revenue service that will qualify the contracts for income tax benefits provided for under the Internal Revenue Code of 1986, § 403(b), or any subsequent corresponding Internal Revenue Code of the United States.

§ 49-2-209. Insurance.

(a) Notwithstanding any other provision to the contrary, local boards of education are authorized to provide group life, hospitalization, disability or medical insurance for teachers, principals and other employees.
(b) For the purpose of financing the insurance programs, the employees who choose to participate may be required to bear a percentage of the expense of the coverages by having deducted such amounts from their salary.
(c) The budget of the local board of education shall include an amount sufficient to pay the board's portion of the insurance premium.
(d) The funds provided by the board of education and the amounts, if any, deducted from the employees' salaries shall be accounted for by creating a special account within the regular school fund.
(e) The director of schools or a delegated committee of the board may prepare and present to the board for approval a contract or contracts with one (1) or more insurance companies or other corporation that may exist under title 56, chapters 27-29, authorized to do business in this state or to one (1) or more insurance trusts that have contracted with such an insurance company or companies or corporations authorized to do business in this state for a policy or policies of group insurance to provide for the payment of group life, hospitalization, disability or medical expenses for designated school board employees.
(f) Approval shall be by majority vote of the board of education and shall be executed in the name of the board of education.
(g) The contracts may from time to time be amended, modified or changed by majority vote of the board.
(h) The policy or policies shall conform to the standard provisions of group insurance policies as set forth in this code.
(i) Notwithstanding any law to the contrary, the county board of education may use the county's system of centralized purchasing to provide a life insurance plan for designated school board employees.

§ 49-2-210. School based decision making.

(a) Any local board of education may initiate a program of school based decision making and may designate areas including, but not limited to, management, curriculum, classroom management, professional development and budget to be decided at the school by school personnel, including classroom teachers.
(b) Any board of education establishing a program of school based decision making shall define the procedures for implementation of its policies. Policies should recognize that school based decision making is a collaborative approach to planning and problem solving. Board policies may include guidelines for the participation of school personnel and others, including teachers, students, parents of students and other persons in the local community.
(c) The board may permit such decisions as are made locally to be at variance with board policies. If the local decisions impact rules and policies of the state board of education or the commissioner of education, they shall be implemented pursuant to § 49-1-207, except that there shall be no limit to the number of systems participating. No such local decisions shall have the effect of nullifying requirements of law.

§ 49-2-211. Policy for student surveys, analyses or evaluations.

(a) Every LEA shall develop a policy setting forth the rights of parents and students and guidelines for teachers and principals with respect to the administration of surveys, analyses or evaluations of students.
(b) The policy must:
1. (1) Allow a parent or legal guardian access to review all surveys, analyses, or evaluations, prior to being administered to the parent or legal guardian's child; and
2. (2) Require the LEA to obtain the written, informed, and voluntarily signed consent of a student's parent or legal guardian, or the student if the student is eighteen (18) years of age or older, before the student participates in a survey, analysis, or evaluation. This subdivision (b)(2) does not apply if the full survey, analysis, or evaluation is related to classroom instruction of a curriculum and the survey, analysis, or evaluation is distributed to students as a method of evaluating the effectiveness of an instructional curriculum. A student's parent or legal guardian, or the student if the student is at least eighteen (18) years of age, may withdraw the parent's, legal guardian's, or student's consent at any time before the student participates in the survey, analysis, or evaluation.
(c) The LEA shall also disclose to the parent or legal guardian of the student the purpose for the survey, analysis, or evaluation materials as well as who will have access to the results.

1 Backlink

49-2-124(f)

§ 49-2-212. Professional associations and lobbying expenditures to be included in board's budget — Required information.

(a) For purposes of this section, “lobbying expenditures” means funds used to lobby, as defined in § 3-6-301, and also includes any dues paid to associations or membership organizations that lobby.
(b) A local board of education shall include in its budget for each fiscal year a line item for professional associations and lobbying expenditures that includes the total amount to be spent on lobbying expenditures by the board during that fiscal year.
(c) When any local board of education of a county or city school system submits its budget to the appropriate local legislative body for approval, the budget shall have attached a form that details all professional associations and lobbying expenditures included in the budget. The form shall at a minimum specify:
1. (1) The total amount anticipated to be spent on professional associations and lobbying expenditures;
2. (2) The amount of any dues to be paid to entities that lobby, along with the names of such entities;
3. (3) The amount of any funds to be used to hire contract lobbyists; and
4. (4) For the fiscal year beginning in 2017, the actual amount spent on items listed in subdivisions (c)(1)-(3) for the previous fiscal year.

§ 49-2-213. Removal of local board of education member by registered voters.

(a) A local board of education member that is elected, or appointed to fill a vacancy, under this chapter may be removed from office by the registered voters of the county.
(b)
1. (1) A person who resides within the geographic boundaries of the local board of education district of which a local board of education member is sought to be removed may file a petition with the county election commission that demands the recall of the local board of education member. The petition must be signed by registered voters who reside within the geographic boundaries of the local board of education district of which the local board of education member is sought to be removed equal in number to at least sixty-six percent (66%) of the total vote cast for that member in the last regular election. Each person signing the petition must sign the person's name, provide the date of signing, and provide the signer's place of residence by street and number or by other customary designation.
2. (2) The petition must contain a general statement of the grounds upon which the removal is sought.
3. (3) A petition must include a sworn affidavit by the petition circulator stating the number of petition signers, that each petition signature is the genuine signature of the person whose name it purports to be, and that the signatures were made in the presence of the affiant.
4. (4) Within fifteen (15) days of receipt of the petition, the county election commission shall determine the sufficiency of the petition signatures. The county election commission shall attach a certificate to the petition with the results. If the county election commission determines the petition signatures are:
  1. (A) Sufficient, then, within seven (7) days of such determination, the county election commission shall give notice of the filed petition by publication in a newspaper of general circulation and shall provide the grounds upon which removal of a local board of education member is sought; or
  2. (B) Insufficient, then the person who filed the petition may amend the petition within ten (10) days from the date of the certificate and file the amended petition with the county election commission. Within fifteen (15) days of receipt of an amended petition, the county election commission shall make a sufficiency determination. If the amended petition is still deemed insufficient or if no amended petition is filed, then the county election commission shall attach a certificate to the petition and return the petition to the person who filed the petition. If an amended petition is deemed sufficient, then the county election commission shall provide notice as required by subdivision (b)(4)(A).
(c) A separate petition must be filed for each local board of education member sought to be removed.
(d) A county election commission shall call an election on the question of whether to recall a local board of education member if the county election commission determines that a petition is sufficient in accordance with subdivision (b)(4). The question must only be posed to voters who are represented by the local board of education member sought to be removed. The question on the ballot must ask whether the local board of education member should be recalled, and the voter must be provided the option to vote “for recall” or “against recall.” If sixty-six percent (66%) or more of those voting vote “for recall,” then the person named shall be declared removed from office and the office must be declared vacant. A vacancy must be filled in accordance with § 49-2-202(e). No election for the purpose of recall shall be held within a period beginning ninety (90) days before and ending ninety (90) days after a regular election.
(e) This section only applies in counties having a population of not less than ninety-eight thousand two hundred (98,200) nor more than ninety-eight thousand three hundred (98,300), according to the 2010 federal census or any subsequent federal census.

§ 49-2-214. Authority to open or close school to in-person learning and instruction during state of emergency.

(a) During an emergency as defined in § 58-2-101, local boards of education may consult with the state and local health departments when determining whether to open or close a school to in-person learning and instruction.
(b) Notwithstanding an executive order issued by the governor or an order issued by a local health board or other public health official, a local board of education has the sole authority to open or close a school to in-person learning and instruction during an emergency as defined in § 58-2-101. A local board of education may delegate the authority to open or close a school to in-person learning and instruction to the director of schools.
(c) Notwithstanding subsection (b), during an emergency as defined in § 58-2-101, if the governor issues an executive order with statewide applicability that requires schools to be open for in-person learning and instruction, then the executive order supersedes the authority granted in subsection (b).

Part 3 County Administration

§ 49-2-301. Director of schools.

(a) Each local board of education is authorized to employ a director of schools, as provided for in § 49-2-203, subject to requirements of law. This director of schools may be referred to as superintendent, but all references to or duties or powers of the former county superintendents of public instruction shall be deemed to be references to or powers or duties of the director of schools. Failure to change a reference to county superintendent to superintendent or director of schools shall not be deemed to continue to revive the former office or position of county superintendent, it being the intention in this part to convert the former elected office of superintendent of public instruction to an administrative position filled by the applicable local board of education.
(b)
1. (1) It is the duty of the board of education to assign to its director of schools the duty to:
  1. (A) Act for the board in seeing that the laws relating to the schools and rules of the state and the local board of education are faithfully executed;
  2. (B) Attend all meetings of the board and to serve as a member of the executive committee of the board, without additional compensation;
  3. (C) Keep on electronic disks and in well bound books, furnished by the board, a complete and accurate record of the proceedings of all meetings of the board and of the director's official acts;
  4. (D) Keep on electronic disks and in well bound books, furnished by the board and arranged according to the regulations prescribed by the commissioner of education, a detailed and accurate account of all receipts and disbursement of the public school funds;
  5. (E) Issue, within ten (10) days, all warrants authorized by the board for expenditures for public school funds;
  6. (F) Make such recommendations to the board as the director deems for the best interest of the public schools, but in no case shall the director have a vote on any question coming before the board;
  7. (G) Have general supervision of all schools, and visit the schools from time to time, and advise with the teachers and members of the board as to their condition and improvement;
  8. (H) Require the use of the state course of study for all the public schools and the system of promoting pupils through the several grades of the public schools in accordance with regulations of the commissioner, as approved by the state board;
  9. (I) Sign all certificates and diplomas of pupils who complete the courses of study prescribed for the elementary and high schools;
  10. (J) Recommend to the board teachers who are eligible for tenure or notify such teachers of their failure of reelection pursuant to § 49-5-409;
  11. (K) Recommend to the board salaries for teachers in accordance with the salary schedule and the salaries and wages of all other employees nominated by the director of schools;
  12. (L) Assign teachers and educational assistants to the several schools;
  13. (M) Require all teachers to submit to the director for record their licenses or authority to teach, given by the state board, and keep a complete record of same;
  14. (N) File all contracts entered into with teachers and employees of the board, before they begin their services in the public schools;
  15. (O) Furnish to teachers or principals the names of pupils belonging to their respective schools, the list to be taken from the census enumeration or other reliable records on file in the director of schools' office;
  16. (P) Issue certificates relative to the employment of minors who are enrolled as students in the director of schools' district;
  17. (Q) Make a written report, quarterly, to the appropriate local legislative body, for the board, of all receipts and expenditures of the public school funds, which accounts shall contain full information concerning the conditions, progress and needs of the schools of the school system and which shall be audited by the appropriate fiscal officer and local legislative body;
  18. (R) Be present at all quarterly and annual settlements of the county trustee with the county mayor covering all school funds arising from state apportionments, county levies and all other sources, and report the director's acts to the director of schools' board;
  19. (S) Report to the local legislative body and the commissioner, whenever it appears to the director that any portion of the school fund has been, or is in danger of being, misappropriated or in any way illegally disposed of or not collected;
  20. (T) Make reports to the commissioner of education when requested by the commissioner;
  21. (U) Prepare, annually, a budget for the schools in the director's school system, submit the budget to the board for its approval and present it to the county or other appropriate local legislative body for adoption as provided for by charter or private legislative act; provided, that:
    1. (i) The budget shall set forth in itemized form the amount necessary to operate the schools for the scholastic year beginning on July 1, following, or on such date as provided for by charter or private legislative act; and
    2. (ii) Any change in the expenditure of money as provided for by the budget shall first be ratified by the local board and the appropriate local legislative body;
    1 Backlink
    
    49-3-352(c)
  22. (V) Give the director's full time and attention to the duties of the director's position;
  23. (W) Deliver to the director's successor all records and official papers belonging to the position. It is a Class C misdemeanor to refuse to deliver the records and files on demand of the director's successor. It is a separate offense for each month during which the director persists in withholding the records and files;
  24. (X) File with the commissioner of education a copy of the budget adopted by the county or other appropriate local legislative body within ten (10) days after its adoption;
  25. (Y) Furnish to the commissioner a list of the teachers elected by the board and their respective salaries, on forms furnished by the commissioner;
  26. (Z) Grant any licensed employee, or any other person considered as a professional employee, access at any reasonable time to the employee's personnel file or files, whether maintained by the employee's principal, supervisor, director, board or any other official of the school system;
  27. (AA) Give any licensed or professional employee, on request and on payment of reasonable compensation, a copy of specified documents in the employee's personnel file;
  28. (BB) Establish a procedure whereby an updated copy of the rules, regulations and minimum standards of the state board shall be kept on file in an easily accessible place in each school library during normal school hours;
  29. (CC) Within the approved budget and consistent with existing state laws and board policies, employ, transfer, suspend, nonrenew and dismiss all personnel, licensed or otherwise, except as provided in § 49-2-203(a)(1) and in chapter 5, part 5 of this title;
  30. (DD) All persons who are employed in a position for which no teaching license is required shall be hired at the will of the director of schools. The local board of education shall develop a policy for dismissing such employees;
  31. (EE)
    1. (i) The director may dismiss any nontenured, licensed employee under the director's jurisdiction for incompetence, inefficiency, insubordination, improper conduct or neglect of duty, after giving the employee, in writing, due notice of the charge or charges and providing a hearing; provided, that no nontenured, licensed employee under the director's jurisdiction shall be dismissed without first having been given, in writing:
      1. (a) Notice of the charge or charges;
      2. (b) An opportunity for a full and complete hearing before an impartial hearing officer selected by the board;
      3. (c) An opportunity to be represented by counsel;
      4. (d) An opportunity to call and subpoena witnesses;
      5. (e) An opportunity to examine all witnesses; and
      6. (f) The right to require that all testimony be given under oath;
    2. (ii) Factual findings and decisions in all dismissal cases shall be reduced to written form and delivered to the affected employee within ten (10) working days following the close of the hearing;
    3. (iii) Any nontenured, licensed employee desiring to appeal from a decision rendered in favor of the school system shall first exhaust the administrative remedy of appealing the decision to the board of education within ten (10) working days of the hearing officer rendering written findings of fact and conclusions to the affected employee;
    4. (iv) Upon written notice of such appeal being given to the director, the director shall prepare a copy of the proceedings, transcript, documentary and other evidence presented, and transmit the copy of the proceedings, transcript, documentary and other evidence presented within twenty (20) working days of receipt of notice of appeal to the board;
    5. (v) The board shall hear the appeal on the record and no new evidence shall be introduced. The affected employee may appear in person or by counsel and argue why the decision should be modified or reversed. The board may sustain the decision, send the record back if additional evidence is necessary, revise the penalty or reverse the decision. Before any such charges shall be sustained or punishment inflicted, a majority of the membership of the board shall concur in sustaining the charges. The members of the board shall render the decision on the appeal within ten (10) working days after the conclusion of the hearing;
    6. (vi) The director of schools shall also have the right to appeal any adverse ruling by the hearing officer to the board under the same conditions as are set out in this subdivision (b)(1)(EE);
    7. (vii) Any party dissatisfied with the decision rendered by the board shall have the right to appeal to the chancery court in the county where the school system is located within twenty (20) working days after receipt of notice of the decision of the board. It shall be the duty of the board to cause to be transmitted the entire record and other evidence in the case to the court. The review of the court shall be de novo on the record of the hearing held by the hearing officer and reviewed by the board;
  32. (FF) All actions of the directors or their designees shall be consistent with the existing board policies, rules, contracts and regulations;
  33. (GG) Perform such other official duties as may be prescribed by law; and
  34. (HH) Authorize each principal to make staffing decisions regarding administrative personnel for the principal's school.
2. (2) The records required to be maintained pursuant to this subsection (b) shall be kept in a location that is secure from the effects of natural disasters, to include fires, earthquakes, tornadoes and other catastrophic events.
(c) It is a Class C misdemeanor for any director to take any other contract under the board of education or to perform any other service for additional compensation, or for any director to act as principal or teacher in any school or to become the owner of a school warrant other than that allowed for the director's service as director. A director who violates this subsection (c) shall also be dismissed from the director's position.
(d) Any director of schools who is appointed by the local board of education elected by the general public is only required to have a baccalaureate degree.

4 Backlinks

§ 49-2-302. [Reserved]

§ 49-2-303. School principals.

(a)
1. (1) Each director of schools shall employ principals for the public schools. The employment contract with each principal shall be in writing, shall not exceed the contract term of the current director of schools, and may be renewed. The contract shall specify duties other than those prescribed by statute and shall contain performance standards including the requirement that the principal's annual evaluation be based on student achievement data, with a significant portion, as defined by the guidelines and criteria adopted by the board in accordance with § 49-1-302(d)(2), being student growth data as reflected in teacher effect data and Tennessee Value-Added Assessment System (TVAAS) data, as such data is developed pursuant to chapter 1, part 6 of this title. Other standards that may be considered in the evaluation shall include, but not be limited to, other benchmarks for student proficiency, graduation rates, ACT scores where applicable and student attendance. The contract shall provide for consequences when the standards are not met. The performance contract may provide for bonuses beyond base salary, if performance standards are met or exceeded. Reasons for the nonrenewal of a contract may include, but are not limited to, inadequate performance as determined by the evaluations. A principal who has tenure as a teacher shall retain all rights of such status, expressly including those specified in § 49-5-510.
  1 Backlink
  - 49-1-302(d)(2)(C)(iv)
2. (2) The recommendation and employment shall be without discrimination on account of age, race, sex or creed.
3. (3) The individual designated as principal shall hold a valid license as approved by the state board of education for the type of school to which assigned.
(b) It is the duty of the principal to:
1. (1) Supervise the operation and management of the personnel and facilities of the school or schools of which the principal is principal as the local board of education determines;
2. (2) Assume administrative responsibility and instructional leadership under the supervision of the director of schools and in accordance with the written policies of the local board of education for the planning, management, operation and evaluation of the education program of the schools to which assigned;
3. (3) Submit recommendations to the director of schools regarding the appointment and dismissal of all personnel assigned to the school or schools under the principal's care, and make decisions regarding the specific duties of all personnel assigned to the school or schools under the principal's care; provided, that the duties of teachers shall be within their area of licensure and consistent with the policies, rules or contracts of the board of education;
4. (4) Administer and implement the school behavior and discipline code and require guest passes for all persons other than enrolled students and employees of the school;
5. (5) Perform such other duties as may be assigned by the director of schools pursuant to the written policies of the local board of education;
6. (6) Observe all other rules and regulations relative to the operation of public schools as established by law and as contained in the rules, regulations and minimum standards of the state board of education;
7. (7)
  1. (A) Assign educational assistants to noninstructional supervision of students, which may include, but is not limited to:
    1. (i) Lunchroom duty;
    2. (ii) Bus duty;
    3. (iii) Recess or playground duty;
    4. (iv) Before or after school duty; or
    5. (v) Other related duties;
  2. (B) The board of education shall specifically authorize such use of educational assistants in written school board policy and shall indemnify educational assistants in the performance of their duties; and
8. (8) Prepare, annually, a budget request for the school under the principal's care and submit the budget request to the director of schools. The budget request shall set forth a plan for the cost of operation of the school for the school year beginning July 1, following, or on such date as otherwise provided by charter or act of the legislature, public or private. Upon approval of the LEA's budget, the director of schools shall assign to each principal the responsibility for and authority over the cost of operation of the principal's school.
(c) Principals are encouraged to improve school security by limiting school access during school hours to monitored entrances.

§ 49-2-304. Teaching supervisors.

(a) Directors of schools may employ one (1) or more supervisors for the supervision of teaching in grades one through twelve (1-12), or any combination of these grades, in the respective school systems.
(b) Any person employed as supervisor for the supervision of teaching shall have a license of qualification issued by the state board of education. The state board of education, in its discretion, may waive the requirement as to supervisors who were employed and serving in that capacity in nonequalizing local school districts as of January 1, 1957.

§ 49-2-305. Development and adoption of program to promote involvement of parents and guardians.

(a) The LEA, in consultation with parents, teachers and administrators, shall develop and adopt a policy to promote the involvement of parents and guardians of children enrolled in the schools within the school district. The plan shall be submitted to the commissioner of education as part of the district's school improvement plans and shall be consistent with the Tennessee parent/family involvement policy of the state board of education. The plan shall include:
1. (1) A plan for parent participation in the schools which is designed to improve parent and teacher cooperation in such areas as homework, attendance, discipline, and planning for higher education opportunities for students; and
2. (2) Procedures by which parents may learn about the course of study for their children and have access to all learning materials.
(b) The policy adopted by the LEA pursuant to this section may also include the following components:
1. (1) A plan by which parents will be made aware of the district's parental involvement policy and this section, including:
  1. (A) Rights under the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. § 1232 et seq.), relating to access to children's official records; and
  2. (B) Information through which parents may access LEA policies and curriculum;
2. (2) Efforts to encourage the development of parenting skills;
3. (3) The communication to parents of techniques designed to assist the child's learning experience in the home;
4. (4) Efforts to encourage access to community and support services for children and families;
5. (5) The promotion of communication between the school and parents concerning school programs and the academic progress of the parents' children;
6. (6) Identifying opportunities for parents to participate in and support classroom instruction in the school, including:
  1. (A) Organizing fundraising initiatives;
  2. (B) Volunteering as a field trip chaperone;
  3. (C) Assisting in the library, computer lab or on the playground;
  4. (D) Offering after school clubs; and
  5. (E) Recycling clothes;
7. (7) Efforts to support parents as shared decision-makers and to encourage membership on school advisory committees;
8. (8) The recognition of the diversity of parents and the development of guidelines that promote widespread parental participation and involvement in the school at various levels;
9. (9) The development of preparation programs and specialized courses for certified employees and administrators that promote parental involvement; and
10. (10) The development of strategies and programmatic structures at schools to encourage and enable parents to participate actively in their children's education.
(c) For the purposes of this section, “parent” means the parent, guardian, person who has custody of the child or individual who has caregiving authority under § 49-6-3001.

Part 4 Municipal Schools

§ 49-2-401. Municipal school tax.

(a) Every incorporated municipality is empowered, through its governing board, to submit a proposition to the qualified voters to levy and collect a school tax, not exceeding the tax levied by the state for state purposes, on each one hundred dollars ($100) of the taxable property of the city or town submitting the proposition.
(b) If two-thirds (⅔) of the qualified voters voting at the election vote for the tax, then the tax shall be levied and collected for the purpose of establishing a system of common schools in the city or town.
(c) No tax shall be levied and collected in the municipality for and in any year unless the county in which the municipality is situated fails or refuses, on or before the April term of each year, to levy a county tax for common school purposes. Nothing in this section shall be construed to prohibit any municipality from levying a school tax additional to the county school tax.

2 Backlinks

§ 49-2-402. Control of municipal schools.

The board of each municipality voting for and collecting the tax provided for in § 49-2-401 shall have exclusive control and management over such common schools.

1 Backlink

49-2-403

§ 49-2-403. State funding.

All municipalities establishing common schools under this part shall be entitled to receive their proportions of the general school fund of the state, to be applied with the fund collected under §§ 49-2-401 and 49-2-402.

§ 49-2-404. Charter powers.

Cities and incorporated towns operating systems of public schools under provisions of their respective charters and levying an additional elementary school tax for operating expenses other than for grounds, buildings and equipment are empowered to continue the operation of the system of public schools under their respective charters; provided, that no transfer of children between city and county schools shall be made except by agreement between the respective boards of education.

§ 49-2-405. Use of school buildings and property.

(a) The boards of education of the respective municipalities shall have the right to permit municipal school buildings and municipal school property to be used for public, community or recreational purposes under such rules, regulations and conditions as may be prescribed from time to time by the boards of education; provided, that this right shall not extend to the use of the school buildings and property for private profit.
(b) No such board of education, whether incorporated or unincorporated, and no member of any such boards of education, or other municipal or county school official, shall be held liable in damages for any injury to person or property resulting from the use of school buildings or property authorized by subsection (a).

§ 49-2-406. Reports to state.

Each director of schools or local board of education shall make all reports required by the commissioner of education.

Part 5 Special School Districts

§ 49-2-501. Abolishment of special school districts.

(a)
1. (1) All special school districts that are not taxing districts are abolished.
2. (2) Taxing districts that are not encumbered by debts or bonds may at any time, on ten (10) days' notice, hold an election, and upon the affirmative vote of a majority of the legal voters of such districts, abolish the taxing district or taxing districts and place the school or schools of the district under the management of the county board of education, and the county board shall become the successor of the taxing district board and shall administer the school or schools of the taxing district or districts as other county schools are administered by the board; provided, that the county election commission is so requested by at least twenty-five (25) legal voters of the taxing district; and provided, further, that the election in any taxing district shall be held according to the general method of holding elections as provided by law.
3. (3) Any taxing district having outstanding financial obligations, such as warrants, notes or bonds for building, equipment or other improvement, may at any time after the discharge of the obligations become a part of the county system of public schools as provided in this section for taxing districts not encumbered by debts.
(b)
1. (1)
  1. (A) As of April 30, 1982, all special school districts in the counties affected by this section that are not currently operating schools or that do not have outstanding bonded indebtedness are abolished. Any special school district that is not recorded with the department of education as currently operating schools must prove to the satisfaction of the commissioner that it is operating a school system or has outstanding bonded indebtedness incurred prior to April 30, 1982.
2. 1. (B) Special school districts in the counties affected by this section that are not operating schools, but that have outstanding bonded indebtedness, are abolished upon repayment of the indebtedness.
  2. (C) Notwithstanding any other provision of this title, in those counties in which all students in grades kindergarten through twelve (K-12) are eligible to be served by city and special school systems, the county shall not be required to operate a separate county school system, nor shall it be necessary that a county school board be elected or otherwise constituted.
3. (2) No additional special school districts may be created after April 30, 1982, but existing operating districts may merge or consolidate. This shall not affect the powers of cities under part 4 of this chapter if the county in which the city is located has fewer districts than those permitted in [former] subdivision (b)(1) [repealed].
  1 Backlink
  - 49-2-502(b)(3)
4. (3) Any operating districts in a county in excess of the number permitted in [former] subdivision (b)(1) [repealed] are abolished on July 1, 1983, and shall be consolidated into not more than the permitted number of districts by July 1, 1983. This consolidation shall be accomplished in the following manner:
  1. (A) The districts that continue to operate in each county shall be the three (3) or six (6) largest, as applicable, in each county as of January 1, 1982, as determined from the average daily attendance figures previously submitted to the commissioner of education for the 1981-1982 school year;
  2. (B)
    1. (i) Any other district in a county may merge with any contiguous system that will continue to operate under subdivision (b)(3)(A). The merger shall occur no later than July 1, 1983, and shall be accomplished by majority vote of the board of education of the system to be abolished. The merger shall not be effective unless the board of education of the system with which merger is sought approves the merger by a majority vote of the board, and unless the city governing body by a majority vote approves the merger in the case of a merger with a city school system;
    2. (ii) If a district that will be abolished on July 1, 1983, has not merged into a continuing system by July 1, 1983, it shall be merged into the county system on that date;
  3. (C) The continuing system that acquires an abolished district by merger shall succeed to all funds, property and liabilities of the abolished district, specifically including repayment of all bonded indebtedness;
  4. (D) Any tax for current operation levied by a special school district abolished under this section shall, until the repeal of the private act authorizing such tax, be collected and turned over to the successor school system for the use and benefit of the schools formerly operated by the special school district;
  5. (E) Any city government that continues to levy a current operation school tax for the benefit of a school system abolished by this subsection (b) is authorized to turn such tax receipts over to the successor school system for the use and benefit of the schools formerly operated by the city;
  6. (F) This section shall not be construed to rescind, impair or affect any contracts in effect April 30, 1982, dealing with the operation or organization of schools in any affected county; and
  7. (G) Rights and privileges of teachers in districts merged, abolished, or consolidated pursuant to this section shall be protected as provided in § 49-5-203 and nothing in this section shall be construed to change or repeal § 49-5-203.
5. (4) Elementary schools operated by any school system abolished under this subsection (b) shall continue to be operated as elementary schools by the successor system following the abolishment of any system under this part; provided, that this shall not be construed to require the continuance of such schools if they should be destroyed or become unusable because of fire or safety violations or should fail to meet the minimum standards of the state board of education.
6. (5) The county board of education of any county affected by this subsection (b) shall include persons representing and residing in the area served by every school district that is abolished under this part in the same percentage that such districts relate to the total number of public school systems in such county.
7. (6) In the event of consolidation of districts in accordance with this subsection (b), the consolidated system shall continue to operate grades kindergarten through eight (K-8) by local instruction in local school buildings. This subdivision (b)(6) shall only apply to counties having a population of not less than fourteen thousand nine hundred forty (14,940) nor more than fifteen thousand (15,000), according to the 1980 federal census or any subsequent federal census.
(c) In any county affected by subsection (b), the authority of the boards of education or municipal governments to rescind or withdraw from any contract in effect on February 1, 1982, relative to the operation of high schools as defined in § 49-6-401 or waiving their rights to high school bond proceeds, or waiving their share of proceeds of sales taxes levied to liquidate debts incurred for high schools, is removed. High schools in districts abolished by subsection (b) shall continue to be operated by their respective boards of education until abolition.

1 Backlink

49-6-302(a)

§ 49-2-502. Transfer of administration — Transition plans.

(a) The school board, school commissioners, school trustees or other duly constituted administrative officials of any special school district are authorized and empowered to transfer the administration of the schools in the special school district to the county board of education of the county in which the special school district is located. Before a transfer is effectuated, however, a referendum shall first be conducted on the subject, and the school system of the special school district shall not be transferred to the county unless a majority of the voters who cast votes in the referendum vote in favor of the transfer. The referendum shall be held by the county election commission when requested by the school board of the special school district, and the expenses of the election shall be paid from the funds of the special school district.
(b)
1. (1) Notwithstanding subsection (a) or any other law to the contrary, if the proposed transfer of the administration of the schools in the special school district to the county board of education would result in an increase in student enrollment within the county school system of one hundred percent (100%) or more, and if a majority of the voters who cast votes in the referendum vote in favor of the transfer, then a comprehensive transition plan shall be developed, and the transfer shall take effect at the beginning of the third, full school year immediately following certification of the election results.
2. (2) The comprehensive transition plan shall be developed by a transition planning commission. The transition plan shall consider and provide for each of the matters set forth in §§ 49-2-1201(i) and 49-2-1204. Prior to its implementation, the transition plan shall be submitted to the department of education for review and comments. The transition planning commission shall consist of twenty-one (21) members, as follows:
  1. (A) The county mayor, the chair of the county board of education and the chair of the board of education of the special school district shall serve as ex officio members of the commission;
  2. (B) The county mayor, the chair of the county board of education and the chair of the board of education of the special school district shall each appoint five (5) competent citizens to serve as members of the transition planning commission; and
  3. (C) The governor, the speaker of the senate and the speaker of the house of representatives shall jointly appoint three (3) competent citizens to also serve as members of the transition commission.
3. (3) From and after the effective date of the transfer of the administration of the schools in the special school district to the county board of education, the restrictions imposed on the creation of municipal school districts, in § 6-58-112(b) [see the Compiler’s Notes], and special school districts, in § 49-2-501(b)(2), shall no longer apply in such county.

3 Backlinks

§ 49-2-503. Disposition of special school district funds.

(a) The county trustees of the several counties of this state are authorized to pay over to the county board of education of their respective counties any balance of funds in the hands of the trustees that have been derived from special school district taxes, when and if the law or laws creating the special school district have been repealed.
(b) When any funds have been paid over to the county board of education under subsection (a), the funds shall be applied and expended by the county board of education only in accord with the limitations and provisions of §§ 49-2-502 and 49-2-1002.

2 Backlinks

§ 49-2-504. Persons residing outside boundaries — Eligibility to vote.

A special school district may, by legislative act, establish eligibility and procedures for nonresident property owners.

Part 6 School Support Organization Financial Accountability Act

§ 49-2-601. Short title.

This part shall be known and may be cited as the “School Support Organization Financial Accountability Act.”

§ 49-2-602. Legislative intent.

The general assembly recognizes the importance of school support organizations in providing financial support to help carry out academic, arts, athletic, and social programs to further educational opportunities for the children of this state. The general assembly also recognizes concerns that parents and other persons who support these organizations have in ensuring that money raised by these organizations is safeguarded by them and used to further the activities for which the money is raised. It is, therefore, the intent of the general assembly to ensure the continued support of academic, arts, athletic and social programs, which help to educate the children of this state, while also ensuring fiscal accountability of school support organizations.

§ 49-2-603. Part definitions.

As used in this part, unless the context otherwise requires:
1. (1) “Donation” means any gift or contribution of money, materials, property or securities from any nongovernmental source received by a school official or employee for the benefit of a school district, school, school club, or academic, arts, athletic or social activity related to a school;
2. (2) “Internal school funds” mean any and all money received and accounted for at individual schools, and specifically include, but are not limited to:
  1. (A) Any donation or grant made to the school, a school club, or any academic, arts, athletic or social activity related to a school;
  2. (B) Funds for cafeteria services operated at the school;
  3. (C) Fees collected by the school;
  4. (D) Funds transferred to the local school from the school board that are to be accounted for at the local school level;
  5. (E) Funds raised through cooperative agreements with outside organizations;
  6. (F) Rental fees charged outside entities for use of school facilities; and
  7. (G) Student activity funds;
3. (3)
  1. (A) “School representative” means:
    1. (i) When a school support organization's primary purpose is to support a school system or an individual school:
      1. (a) A school board member;
      2. (b) The director of schools;
      3. (c) A principal; and
      4. (d) Any individual who is primarily responsible for accounting for school system funds or the funds of an individual school; and
    2. (ii) When a school support organization's primary purpose is to support a local school club or academic, arts, athletic, or social activity related to a school:
      1. (a) A school board member;
      2. (b) The director of schools;
      3. (c) A principal;
      4. (d) Any individual who is primarily responsible for accounting for school system funds or the funds of an individual school; and
      5. (e) Any individual who works for the school system and who as part of the individual's employment by the school system is charged with directing or assisting in directing the related school club or activity;
  2. (B) “School representative” shall specifically include, but shall not be limited to, coaches, assistant coaches, band directors, or any other school sponsor of a related club or activity;
4. (4)
  1. (A) “School support organization” means a booster club, foundation, parent teacher association, parent teacher organization, parent teacher support association, or any other nongovernmental organization or group of persons whose primary purpose is to support a school district, school, school club, or academic, arts, athletic or social activities related to a school, that collects or receives money, materials, property or securities from students, parents or members of the general public;
  2. (B) For the purposes of this part, a group of persons who merely request that students, parents, or members of the general public make donations to a school district, school, school club, or academic, arts, athletic or social activity related to a school or assist in the raising of funds for a specified purpose under the sponsorship of a school employee where the funds are turned over to the school to be used for the specific purpose for which the funds were raised, shall not be considered a school support organization;
5. (5) “School support organization funds” include all money, materials, property or securities raised by a school support organization or any organization that represents itself to students, parents or members of the general public to be a school support organization; and
6. (6) “Student activity funds” include all money received from any source for school-sponsored student activities or school-sponsored events held at or in connection with a school, and specifically include, but are not limited to, any money:
  1. (A) Derived from a school-sponsored academic, art, athletic or social event involving students;
  2. (B) Raised by school-sponsored clubs involving students;
  3. (C) Raised by school-sponsored fundraisers involving students who are under the supervision of a school employee;
  4. (D) Received from a commission for the direct sale of items to students pursuant to a cooperative agreement between the school and an outside organization;
  5. (E) Received for the direct sale of items to students from a school-run bookstore located on school grounds;
  6. (F) Raised from fees charged students;
  7. (G) Obtained from interest from any account that contains student activity funds; or
  8. (H)
    1. (i) Obtained from any related school-sponsored activity that involves the use of school personnel, students, and property during the school day;
    2. (ii) For the purpose of subdivision (6)(H)(i), “school day” means the regular hours of operation of the school during which classes are conducted.

1 Backlink

49-2-134(d)

§ 49-2-604. Adoption of policy concerning fundraising.

(a) A group or organization may not use a school district's or school's name, mascot or logos, property or facilities for the raising of money, materials, property or securities until a policy has been adopted by the local board of education concerning cooperative agreements, school support organizations and the use of school facilities for fundraising purposes.
(b) The policy that a school board adopts pursuant to subsection (a) shall, at a minimum, include, in substance, the following provisions:
1. (1)
  1. (A) Prior to soliciting, raising or collecting money, materials, property or securities to support a school district, school, school club or any academic, arts, athletic or social activity or event related to a school, a school support organization shall submit to the director of schools or the director's designee a form that, at a minimum, documents the following:
    1. (i) The organization's status as a nonprofit organization, foundation or a chartered member of a nonprofit organization or foundation; provided, however, that nothing in this section shall require that the organization be a 501(c)(3) organization under the Internal Revenue Code (26 U.S.C. § 501(c)(3));
    2. (ii) The goals and objectives of the organization; and
    3. (iii) The telephone number, address and position of each officer of the organization;
  2. (B) Thereafter, a school support organization shall annually, at a time designated before the beginning of the school year, submit a form to the director of schools or the director's designee verifying its continued existence as a nonprofit organization and documenting, at a minimum, the goals and objectives of the organization, and the current telephone number, address and position of each officer of the organization. The organization shall file a statement of total revenues and disbursements before the end of the school year; and
2. (2) The approval of the director of schools or the director's designee shall be required before a school support organization undertakes any fundraising activity to assure that scheduling of fundraisers does not conflict with the school district's or school's fundraising efforts and that the fundraising process is consistent with the goals and mission of the school or school district. The approval shall not make the fundraising activity a school-sponsored activity.
4 Backlinks
(c) A school support organization shall maintain, at a minimum, detailed statements of receipts and disbursements, minutes of any meetings, a copy of its charter, bylaws and documentation of its recognition as a nonprofit organization. The statements and records shall be maintained for a period of at least four (4) years and be available upon request by any member of the organization, principal, director of schools or the director's designee or the office of the comptroller of the treasury.
(d) A school support organization shall operate within the applicable standards and guidelines set by a related state association, if applicable, and shall not promote, encourage or acquiesce in any violation of student or team eligibility requirements, conduct codes or sportsmanship standards.
(e) A school support organization's officers shall ensure that school support organization funds are safeguarded and are spent only for purposes related to the goals and objectives of the organization. The organization shall adopt and maintain a written policy that specifies reasonable procedures for accounting, controlling and safeguarding any money, materials, property or securities collected or disbursed by it.
(f) A school support organization shall provide, upon request, to officials of the local school board, local school principal or auditors of the office of the comptroller of the treasury access to all books, records and bank account information for the organization.
(g) A school representative may not act as a treasurer or bookkeeper for a school support organization. A school representative may not be a signatory on the checks of a school support organization. A majority of the voting members of any school support organization board should not be composed of school representatives.
(h) A local board of education may adopt a policy that is more restrictive than the requirements of subsection (b).
(i) The local board of education, director of schools, local school principal or any other school official shall not incur any liability for the failure of a school support organization to safeguard school support organization funds.

§ 49-2-605. Posting or publication of recognized school support organizations — Public inspection of forms, reports or financial statements.

(a) The director of schools or the director's designee shall annually post or publish a list of organizations that have complied with § 49-2-604(b). This posting or publication may be made by written or electronic means. The school board shall determine the appropriate method of posting or publishing this information.
(b) Any local board of education is authorized to develop a process to certify that an organization has been recognized as a school support organization; however, a local board of education shall not incur any liability for the recognition.
(c) Any forms, annual reports, or financial statements required to be submitted according to the policy adopted by the board pursuant to § 49-2-604(b) to the director of schools or the local school principal shall be open to public inspection.

§ 49-2-606. Collection of money.

(a) Any individual who collects or receives any student activity or other internal school funds shall turn over to the properly designated school official or employee all student activity or other internal school funds. The funds shall be considered student activity or other internal school funds for the purpose of § 49-2-110. That a member of a school support organization or a person claiming to be a member of a school support organization collected the money is immaterial to the determination as to its status as student activity or other internal school funds.
(b) A local board of education may grant the principal of a school the authority to enter into an agreement with a school support organization to operate and collect money for a concession stand or parking at a related school academic, arts, athletic, or social event on school property where any money it collects or any portion designated by the agreement shall be considered as school support group funds and not as student activity funds; provided, that:
1. (1) The board has adopted a policy concerning school support organizations pursuant to § 49-2-604(b); and
2. (2) The school support organization provides the school with the relevant collection documentation that would have been required pursuant to the manual produced under § 49-2-110 for student activity funds.
(c) Nothing in this section diminishes the authority of a local board of education to enter into an agreement with a civic organization for the operation of concessions or parking at school sponsored events. The civic organization shall not be subject to this part.
(d) A local board of education may grant the principal of a school the authority to enter into an agreement with a school support organization to operate a bookstore located on school grounds that makes direct sales of items to students where any money the school support organization collects or any portion designated by the agreement shall be considered as school support group funds and not as student activity funds; provided, that:
1. (1) The board has adopted a policy concerning school support organizations pursuant to § 49-2-604(b);
2. (2) One hundred percent (100%) of the profits of the operation of the bookstore are used for support of the school; and
3. (3) The school support organization provides the school with the relevant collection documentation that would have been required pursuant to the manual produced under § 49-2-110 for student activity funds.
(e) A principal may allow funds raised by fundraisers conducted by a school support organization outside the school day and involving students to be collected during the school day by the school support organization. The funds shall be school support organization funds; provided, that school employees are not involved in the accounting of the funds and the funds are turned in using sealed envelopes.

§ 49-2-607. Disbursement of donations.

(a) Donations to a board of education shall be received and disbursed in accordance with § 49-6-2006.
(b) In addition to any requirements established by § 49-6-2006(a), the following specific conditions shall apply:
1. (1) Any donation made by a school support organization to a board of education or school shall be disbursed only in accordance with any written conditions that the school support organization may place upon the disbursement of the funds and shall be in accordance with the goals and objectives of the school support organization;
2. (2) School support organization funds that are donated to an individual school shall not be considered as student activity funds. These funds shall be considered instead as internal school funds from the point of their donation to the respective school; and
3. (3) Any disbursements of donated funds by a school official or employee shall be made in accordance with any relevant federal, state, or local government laws, including any relevant purchasing laws or requirements of the accounting policy manual produced according to § 49-2-110(e).

§ 49-2-608. Prohibited actions.

A nongovernmental group or organization, including all school support organizations, may not:
1. (1) Use the school's or school district's sales tax exemption to purchase items;
2. (2) Represent or imply that its activities, contracts, purchases, or financial commitments are made on behalf of or binding upon any school or school district;
3. (3) Use school support organization funds for a purpose other than purposes related to the goals and objectives of the school support organization that relate to supporting a school district, school, school club or school academic, arts, athletic or social activity; or
4. (4) Maintain or operate a bank account that bears the employer identification number of a school board, school, or any other school related governmental entity. From July 1, 2007, any funds deposited into the bank account shall be presumed to be a donation to the entity whose employer identification number is used and shall be treated as student activity funds.

§ 49-2-609. Audit.

A school support organization or any group or organization that collects and raises money, materials, property or securities while representing itself to be a school support organization shall be subject to audit by the office of the comptroller of the treasury.

§ 49-2-610. Development of model financial policy.

The office of the comptroller of the treasury is authorized to adopt a model financial policy for school support organizations.

§ 49-2-611. Initial registration and renewal fees.

Notwithstanding § 48-51-303(a)(1) to the contrary, a school support organization that is required to register as a nonprofit organization, foundation or chartered member of a nonprofit organization or foundation by a policy adopted in accordance with this part shall be exempt from any initial registration fee by the secretary of state for the registration if the school support organization is an educational institution as defined in § 48-101-502(b). The school support organization shall pay any renewal fee required by the secretary of state to maintain valid annual registration as a nonprofit organization, foundation or chartered member of a nonprofit organization or foundation.

§ 49-2-612. Charitable school foundation.

(a) A public school or its administrators or supporters are authorized to form, or caused to be formed, a charitable school foundation for the sole purpose of supporting the school by raising and administering funds for the school and its programs. A school foundation shall be broad based in its support of the school and shall not limit its support to a single program or activity. A school foundation shall be a school support organization under this part.
(b) To be a school foundation under this section, the foundation shall apply for and receive exemption from federal income taxation under § 501(a) of the Internal Revenue Code (26 U.S.C. § 501(a)), as an organization described in § 501(c)(3) of the Internal Revenue Code (26 U.S.C. § 501(c)(3)).
(c) The school foundation shall be open to parents, students, faculty, staff, alumni and members of the community who are interested in supporting the school and its programs.
(d) The bylaws of the school foundation shall require the director of schools and the principal of the school to serve as ex officio members on the foundation's board of directors.
(e) An organization in existence on April 16, 2012, that meets the requirements of this section, on or after April 16, 2012, shall be recognized as a school foundation.

1 Backlink

3-17-102(5)(A)(vi)

Part 7 High Performing School Districts Flexibility Act

§ 49-2-701. Short title.

This part shall be known and may be cited as the “High Performing School Districts Flexibility Act.”

§ 49-2-702. Part definitions — Criteria considered when calculating whether an LEA is eligible to be declared a high performing school district.

(a) As used in this part, unless the context otherwise requires:
1. (1) “Department” means the department of education; and
2. (2) “High performing school district” means any LEA in the state that satisfies a majority of the following criteria, if applicable to that LEA, according to the state report card:
  1. (A) Reaches a graduation rate of ninety percent (90%) or higher;
  2. (B) Exhibits an average student ACT score of 21 or higher or the concordant equivalent score on the SAT or a higher score; provided, that prior to an LEA using the average student ACT or SAT score, at least thirty (30) students within the LEA or at least twenty-five percent (25%) of the graduating class, whichever is larger, took the ACT or SAT;
  3. (C) Exhibits a TCAP three-year average composite normal curve equivalent (NCE) score of 55 or higher;
  4. (D) Exhibits a TVAAS three-year average composite NCE gain of 1.75 or higher; or
  5. (E) Meets or exceeds achievement and gap closure annual measurable objectives and receives an exemplary or similar status from the department.
(b) Only those criteria in the list in subdivision (a)(2) that apply to a particular LEA and are reported on the state report card shall be considered when calculating whether an LEA is eligible to be declared a high performing school district under this part. If a criterion does not apply to a particular LEA, it shall be removed from consideration for that LEA and a majority of the remaining criteria must be met. Should any of the criteria cease being reported on the state report card, the department shall designate a replacement measure for purposes of this part. An LEA scoring in the top fifteen percent (15%) of all LEAs in the state under the replacement measure shall meet that criterion.

§ 49-2-703. Designation as a high performing school district.

Any LEA meeting a majority of the applicable criteria in § 49-2-102 may, by action of its local board of education, declare itself to be a high performing school district. Such designation shall be in effect beginning July 1 following the local board action. The designation shall last for three (3) years, at which time the LEA shall be eligible to declare itself a high performing school district under this part again if a majority of the criteria are met.

§ 49-2-704. Permitted and prohibited actions without approval when district designated as a high performing school district.

(a) A high performing school district may, during any year in which the designation is in effect, without first seeking or obtaining approval from any other state or local governmental agency or unit:
1. (1) Appropriate additional funds as needed from the fund balance of self-sustaining or self-sufficient funds, including, but not limited to, the central cafeteria fund and the extended school program fund;
2. (2) Utilize a teacher evaluation system which varies from the evaluation system established by the department as though a flexibility waiver had been applied for and granted to the district. Notwithstanding the foregoing, the alternative teacher evaluation system used shall comply with all rules of the state board. The high performing school district shall submit the evaluation system it plans to use to the department; and
3. (3) Add educational days to that district's school calendar, so long as the minimum number of school days required by law is met.
(b) A high performing school district, during any year in which the designation is in effect, may apply to the commissioner of education for a waiver of any state board rule, regulation or statute that inhibits or hinders the district's ability to meet its goals or comply with its mission statement. At the discretion of the commissioner the waiver may be granted, but the commissioner shall not grant a waiver where waivers are otherwise prohibited in this title, and shall not waive regulatory or statutory requirements related to:
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.

Part 8 Tennessee Accommodations for All Children Act

§ 49-2-801. Short title.

This part is known and may be cited as the “Tennessee Accommodations for All Children Act.”

§ 49-2-802. Part definitions.

As used in this part:
1. (1) “Changing facility” means an area in which a person may be in a state of undress in the presence of others, including a locker room, changing room, or shower room;
2. (2) “Reasonable accommodation” includes, but is not limited to, access to a single-occupancy restroom or changing facility or use of an employee restroom or changing facility. “Reasonable accommodation” does not include the following:
  1. (A) Access to a restroom or changing facility that is designated for use by members of the opposite sex while members of the opposite sex are present or could be present;
  2. (B) Requesting that a school construct, remodel, or in any way perform physical or structural changes to a school facility; or
  3. (C) Requesting that a school limit access to a restroom or changing facility that is designated for use by members of the opposite sex, if limiting access results in a violation of state or local building codes or standards;
3. (3) “Restroom” means a facility that includes one (1) or more toilets or urinals; and
4. (4) “Sex” has the same meaning as defined in § 1-3-105(c).

2 Backlinks

§ 49-2-803. Reasonable accommodation for student, teacher, or employee who desires greater privacy when using multi-occupancy restroom or changing facility designated for student's, teacher's, or employee's sex.

(a) A public school shall, to the extent practicable, provide a reasonable accommodation to a student, teacher, or employee of the public school who:
1. (1) Desires greater privacy when using a multi-occupancy restroom or changing facility designated for the student's, teacher's, or employee's sex and located within a public school building, or when using multi-occupancy sleeping quarters designated for the student's, teacher's, or employee's sex while the student, teacher, or employee is attending a public school-sponsored activity; and
2. (2) Provides a written request for a reasonable accommodation to the school principal. If the student requesting a reasonable accommodation is under eighteen (18) years of age, then the student's parent or legal guardian must provide the written request on the student's behalf.
(b) The school principal shall evaluate the request on behalf of the public school and, to the extent practicable, provide a reasonable accommodation. The principal shall issue a decision approving or denying the request in writing. If the principal denies the request, then the grounds for denial must be provided in the principal's written decision.
(c) This section does not prohibit public schools from adopting policies necessary to accommodate persons protected under the Americans with Disabilities Act, (42 U.S.C. § 12101 et seq.), or persons in need of physical assistance when using restrooms or changing facilities located in public schools.

§ 49-2-804. Appeal of denial of request for reasonable accommodation.

(a) If a written request for a reasonable accommodation is denied by the principal, then the student, teacher, or employee, or the student's parent or legal guardian, as applicable, may appeal the decision to the director of schools, or to the director's designee, by submitting a written request for an appeal to the director of schools, or the director's designee, within fifteen (15) calendar days of the individual's receipt of the principal's written decision denying their request for accommodation. The director of schools, or the director's designee, shall investigate and attempt to resolve the complaint within fifteen (15) calendar days of the director of schools', or the director's designee's, receipt of the written request for an appeal.
(b) If a written request for a reasonable accommodation is denied by the director of schools, or the director's designee, then the student, teacher, or employee, or the student's parent or legal guardian, as applicable, may appeal the director of schools', or the director's designee's, decision by requesting a hearing on the matter before an impartial hearing officer selected by the local board of education. To appeal the director of schools', or the director's designee's, decision:
1. (1) The student, teacher, or employee, or the student's parent or legal guardian, as applicable, must give written notice to the director of schools, or to the director's designee, of the individual's request for a hearing within fifteen (15) calendar days of the individual's receipt of the director of schools', or the director's designee's, decision denying the request for accommodation;
2. (2) The director of schools, or the director's designee, shall name an impartial hearing officer within five (5) days following the director of schools', or the director's designee's, receipt of a request for a hearing. The impartial hearing officer shall notify all parties of the hearing officer's assignment and schedule a hearing no later than thirty (30) days following the director of schools', or the director's designee's, receipt of the individual's request for a hearing. The impartial hearing officer may conduct all or part of the hearing by telephone if each participant has an opportunity to participate by telephone;
3. (3) The hearing must be conducted privately; and
4. (4) The impartial hearing officer shall, within ten (10) days of the hearing's conclusion, provide a written decision to all parties.
(c) As used in this section, “impartial” means that the selected hearing officer has no history of employment with the local board of education or the director of schools, and has no relationship with any member of the respective local board of education or with the person requesting the hearing.

§ 49-2-805. Private right of action — Monetary damages.

(a) A student, teacher, or employee of the public school, or the student's parent or legal guardian if the student is under eighteen (18) years of age, has a private right of action against the LEA or public school, if:
1. (1)
  1. (A) The student, teacher, or employee encounters a member of the opposite sex in a multi-occupancy restroom or changing facility located in a public school building;
  2. (B) The student, teacher, or employee is in a multi-occupancy restroom or changing facility designated for the student's, teacher's, or employee's sex at the time of the encounter; and
  3. (C) The LEA or public school intentionally allowed a member of the opposite sex to enter the multi-occupancy restroom or changing facility while other persons were present; or
2. (2) The student, teacher, or employee is required by the public school to share sleeping quarters with a member of the opposite sex, unless the member of the opposite sex is a family member of the student, teacher, or employee.
(b) A student, teacher, or employee, or a student's parent or legal guardian, as applicable, claiming a right of action pursuant to this section may bring suit in the chancery court in the county where the claim arose.
(c) A student, teacher, or employee, or a student's parent or legal guardian, as applicable, aggrieved under this section who prevails in court may recover monetary damages, including, but not limited to, monetary damages for all psychological, emotional, and physical harm suffered. An individual who prevails on a claim brought pursuant to this section is entitled to recover reasonable attorney fees and costs.
(d) This section does not limit other remedies at law or equity available to the aggrieved person against the public school.
(e) A civil action brought pursuant to this section must be initiated within one (1) year from when the date on which the claim arose.

Part 10 Transfer and Joint Operation of Schools Generally

§ 49-2-1001. Operation of municipal or special district schools by county.

County and town boards of education and special school district boards, whenever they deem it advisable for the purpose of a more economical administration and the improvement of the efficiency of the schools, may make a contract to operate the school or schools of such town under the general supervision of the county director of schools; provided, that nothing in this section shall be construed to change the general method of distribution of county and state school funds between the county and such towns on the basis of average daily attendance as provided in this title; and provided, further, that nothing in this title shall be construed to change or repeal Chapter 160 of the Private Acts of 1915.

2 Backlinks

§ 49-2-1002. Transfer of municipal or special district schools to county.

(a)
1. (1) The city council, board of mayor and aldermen or other duly constituted governing body of any town or city in this state maintaining a separate school system is authorized and empowered to transfer the administration of the town or city school system to the county board of education of the county in which the town or city is located. Before the transfer is effectuated, however, a referendum shall first be conducted on the subject, and the school system of the town or city shall not be transferred to the county unless a majority of the voters who cast votes in the referendum vote in favor of the transfer.
2. (2) The referendum required by subdivision (a)(1) shall be held by the county election commission when requested by the governing body of the town or city, and the expenses of the election shall be paid by the town or city.
(b) A town, city or special school district transferring the administration of schools to the county board of education by authority of § 49-2-502 and this section is authorized to devote the school funds of the town, city or special school district to the payment of the proportionate part of the cost of the maintenance and operation of the schools.
(c) The county board of education shall perform the same duties with respect to the schools of the town, city or special school district as they are required by law to perform with respect to county schools.
(d) The county board of education shall operate the schools of any town, city, or special school district transferred to them by authority of § 49-2-502 and this section as a coordinated part of the county school system, to the end that a unified and balanced school system may be maintained in the county. All school funds belonging to the town, city or special school district, including state funds allocated to the town, city or special school district, shall be expended entirely for the benefit of the schools of the town, city or special school district. Where there is any school indebtedness owed by the town, city or special school district at the time the transfer of administration is effectuated, the indebtedness shall remain the obligation of the town, city or special school district, and existing arrangements for the retirement of the indebtedness shall be continued until the indebtedness is retired and paid in full, unless the county legislative body, by resolution adopted by a majority of the members, agrees to assume the school indebtedness owed by the town, city or special school district.
(e)
1. (1) Towns and cities transferring the administration of schools to the county board of education pursuant to this section are authorized and empowered to take such action as necessary and to make such payments as required to provide credit for service, for any or all school employees of the transferring town or city who elect to receive the credit, in any pension or retirement plan or plans in which the employees are entitled to participate after the transfer, for the period of service that was credited to the employees under the pension or retirement plan of the transferring town or city.
2. (2) Any such school employee transferring to a new plan pursuant to the terms of subdivision (e)(1) shall not, as a result of this subsection (e), be entitled to receive a benefit from both the pension or retirement plan of the transferring town or city and any successor pension or retirement plan based upon the same credited service.
3. (3) The towns and cities are further authorized to issue bonds or notes for the purpose of obtaining funds to make any such payments and to pay costs of effecting such payment and of issuance of such bonds or notes in accordance with title 9, chapter 21.
4. (4) The pension board or other agency administering the pension or retirement plan of any such town or city, upon direction of the town or city by resolution of the governing body of the town or city, is authorized to transfer employee contributions of any or all of the transferring employees, together with earnings on the employee contributions, directly to the plan or plans in which the employees are entitled to participate after the transfer.
5. (5) A transfer is authorized by this subsection (e) only if the pension or retirement plan of the town or city expressly provides for the return or refund of employee contributions and earnings on the employee contributions to employees or the transfer of such amounts to a successor plan upon an employee's termination of employment.

1 Backlink

49-2-503(b)

Part 11 Contractual Joint Operation of Schools

§ 49-2-1101. Contracts authorized.

(a) The boards of education of any two (2) or more school systems are authorized and empowered to establish, maintain and operate a public school or schools jointly by entering into contracts for that purpose.
(b) Upon the execution of contracts under this part by the respective boards of education, the contracts shall be binding upon the boards of education and upon the counties, cities and special school districts involved.
(c) In cities that are authorized by their charters to operate school systems, either the board of education or the city governing body, if the city does not have a board of education, may exercise any authorities or rights granted by parts 5 and 10-13 of this chapter, specifically including contracting with the county for operation, maintenance or improvement of schools within the city.

1 Backlink

49-2-140(c)(2)(D)

§ 49-2-1102. Powers of contracting boards.

All schools established, maintained and operated pursuant to a contract entered into under this part shall be considered for all purposes as integral parts of the school systems of each of the counties, cities or special school districts that are parties to the contracts. The board of education of each county, city or special school district that is a party to the contract shall have the same powers with respect to the assignment, placement, expulsion, suspension and transfer of pupils residing in its respective jurisdiction in and to such schools and with respect to the employment and assignment of teachers for such schools as it may possess with respect to other schools under its supervision, control and jurisdiction, except insofar as such powers may be limited by the contract.

§ 49-2-1103. Administration of schools — Funds.

(a) The administration of schools established, maintained and operated pursuant to a contract entered into under this part may be placed under the board of education of the county, city or special school district in which the school is located; or the administration of the schools may be placed under a board of control created pursuant to the terms of the contract.
(b) In the event a board of control is created, it shall elect its own chair and secretary and may designate as ex officio secretary the director of schools of the county, city or special school district in which the school is located. The board of control shall exercise all the administrative powers and functions with respect to the school that county boards of education are authorized to perform and exercise with respect to the operation of county schools.
(c) The schools may be administered by such other persons and in such other manner as the terms of the contract may provide.
(d) The county trustee or treasurer or other fiscal or disbursing officer, as the case may be, of the county, city or special school district in which the school is located, or such other disbursing officer as may be designated by the contract, shall have the same powers, rights and duties with respect to the receipt, protection and disbursement of the funds allocated to or for the use of the school as provided by law for other school funds.

§ 49-2-1104. Assistance of state officials.

It is the duty of the attorney general and reporter and the commissioner of education, upon the request of any county, city or special school district or the board of education of any of those, to render advice and assistance in the preparation, execution and interpretation of contracts proposed or executed under this part.

Part 12 Consolidation of Systems

§ 49-2-1201. Planning commission.

(a)
1. (1) In all counties of this state wherein separate school systems are maintained by the county and by one (1) or more incorporated municipalities or one (1) or more special school districts, there may be created and established a unification educational planning commission, sometimes called the “planning commission” in this part.
2. (2) It is the duty of the planning commission to study and consider the need for and problems in conjunction with the consolidation of all public schools within the county into a unified school system, and to make and file a written report as provided in this section. If the report recommends consolidation, it may be accompanied by a proposed plan of consolidation, as provided in this section.
(b)
1. (1) The county mayor, the mayor of each municipality operating a school system and the chair of the board of education of each special school district may each appoint five (5) competent citizens as members of the planning commission.
2. (2) The names of all appointees, other than those made by the county mayor, shall be certified to the county mayor by the appointing authority.
3. (3) The county mayor shall furnish the commissioner of education with a certified list of all members of the planning commission promptly after all appointments have been made; or, if the appointments are incomplete, the county mayor shall furnish to the commissioner, within one (1) year from the date on which the first member of the planning commission was appointed, a certified list of all members who have been appointed to the planning commission.
4. (4) The certified list, whether complete or incomplete, together with the appointing officials, who shall be ex officio voting members, shall constitute the planning commission, subject to the right of the appointing authority thereafter to fill any vacancies not originally filled or that may subsequently occur.
(c)
1. (1) Within thirty (30) days after the planning commission has been constituted, its members shall hold an organizational meeting at a time and place fixed by the county mayor, with notice of the organizational meeting to all members.
2. (2) The planning commission shall elect a chair, a secretary and other officers as it deems necessary.
3. (3) Future meetings of the planning commission shall be held at times and places it may determine, with special or additional meetings to be held upon call of its chair.
(d)
1. (1) Members of the planning commission shall not receive per diem or other compensation for their services but shall be reimbursed for necessary expenses incurred by them.
2. (2) The expenses and other necessary expenses of the planning commission shall be paid from funds appropriated for those expenses by the county, together with other funds made available by municipalities and school districts.
(e)
1. (1) The planning commission shall make or cause to be made a complete and comprehensive study of the needs for, issues in and problems of consolidation of the various school systems operating within the boundaries of the county.
2. (2) The study shall be completed and a written report made and filed with the commissioner within one (1) year after the first meeting of the commission, except as otherwise provided in this section.
3. (3) Where any study of consolidating school systems in a particular county has been made within five (5) years prior to the organizational meeting of a planning commission, and the planning commission determines that the study is sufficiently complete and comprehensive, the study may, in the discretion of the planning commission, be used as the study contemplated in this subdivision (e), as part of its written report and as the basis for its plan for consolidation, if any, as provided for in this part.
(f)
1. (1) The planning commission shall be authorized, but not required, to prepare a plan for the consolidation of such school systems.
2. (2) The plan as agreed upon by a majority of the planning commission, or a report on its studies and findings, if no plan is prepared, shall be submitted to the department of education for appraisal.
3. (3) Recommendations that the department, through its commissioner, sees fit to make shall be received and considered by the planning commission and the plan of consolidation, if any, may be revised in the light of the recommendations.
(g)
1. (1) In the event that the planning commission determines that it cannot complete an adequate study or report, or both, within one (1) year, it may, upon written request addressed to the commissioner, be permitted such additional time, not to exceed one (1) year, as in the commissioner's judgment the circumstances warrant.
2. (2) In the event the planning commission fails or refuses to make its report within the time specified, including any extension of time granted to it, then the planning commission may be terminated and discharged by notice to it from any original appointing authority; and after such notice, a new planning commission may be appointed to proceed with the study and make recommendations accordingly.
(h)
1. (1) Before presentation of any proposed plan of consolidation or report to the department, the planning commission shall hold at least one (1) public hearing duly advertised at least one (1) week prior to the hearing in a newspaper of general circulation throughout the county.
2. (2) At any public hearing so conducted by the planning commission, minutes of the proceedings shall be recorded and preserved and a copy filed with the commissioner.
(i) In developing any consolidation plan, the planning commission shall consider and provide for the following:
1. (1) Administrative organization of the proposed consolidated system;
2. (2) A method to ensure no diminution in the level of the educational service in the schools in any of the systems involved;
3. (3) Appropriate means for the transfer of assets and liabilities of municipal and special school district systems;
4. (4) Plans for disposition of existing bonded indebtedness that shall not impair the rights of any bondholder;
5. (5) Plans for preserving the existing pension rights of all teachers and nonteaching personnel in the respective systems;
6. (6) Plans for preserving the existing tenure rights, sick leave rights and salary schedule rights of all teachers and nonteaching personnel in the respective systems;
7. (7) Appropriate plans for contributions by municipalities or special school districts to the county for the operation of a unified system of schools during the period of transition following unification, which period shall not exceed three (3) years;
8. (8) Appropriate plans for reapportionment after each federal decennial census of districts for election of members of the school board; and
9. (9) Any other matters deemed by the planning commission to be pertinent.
1 Backlink
- 49-2-502(b)(2)

§ 49-2-1202. Consolidated board.

(a) Any plan of consolidation shall provide for a consolidated board of education, sometimes called “the board” in this part, to be composed of five (5), seven (7) or nine (9) members whose terms of office shall be either four (4) years or six (6) years, as the plan may determine.
(b) Alternative 1.
1. (1) The plan may provide that the members of the board shall be elected at the general election in August and as determined by the plan, in one (1) of three (3) following modes:
  1. (A) The plan may provide for the election by popular vote of five (5) or seven (7) board members who shall be bona fide residents of the county, without further restriction as to place of residence;
  2. (B) The plan may provide for the election of five (5) or seven (7) board members representing five (5) or seven (7) school districts of approximately equal population, each district board member to be voted upon and elected by the voters in the particular school district of which the board member is a bona fide resident; or
  3. (C) The plan may provide for the election of five (5) or seven (7) board members by popular vote of the entire electorate of the county, but with the requirement that all five (5) or seven (7) members shall be bona fide residents of different school districts, in which event that person shall be elected who receives more votes county wide than any other person residing in the same district.
2. (2) In the event the plan adopts the option provided for in subdivision (b)(1)(B) or (b)(1)(C), the plan shall create five (5) or seven (7) school districts of approximately equal population and shall prescribe the boundaries of the school districts. The plan shall also provide appropriate plans for reapportionment of districts after each federal decennial census, so that members of the board may continue to be elected by or from districts of approximately equal population.
3. (3)
  1. (A) Terms of office of members of the board shall be staggered.
  2. (B) To bring about such staggered terms, there shall be elected five (5) or seven (7) members of the board at the first general election held subsequent to the adoption of the plan.
  3. (C) If the plan provides for full terms of six (6) years, then of the seven (7) members originally elected, those three (3) who receive the higher number of votes shall serve for terms of six (6) years, those two (2) who receive the next higher number of votes shall serve for terms of four (4) years, and the remaining members shall serve for terms of two (2) years.
  4. (D) If the plan provides for five (5) members and full terms of six (6) years, then of the five (5) members originally elected, those two (2) who receive the higher number of votes shall serve for terms of six (6) years. Those two (2) who receive the next higher number of votes shall serve for terms of four (4) years, and the remaining member shall serve for a term of two (2) years.
  5. (E) If the plan provides for full terms of four (4) years, then of the seven (7) members originally elected, those four (4) who receive the higher number of votes shall serve for terms of four (4) years and the remaining members shall serve for terms of two (2) years.
  6. (F) If the plan provides for five (5) members and full terms of four (4) years, then of the five (5) members originally elected, those three (3) who receive the higher number of votes shall serve for a term of four (4) years and the remaining members shall serve for terms of two (2) years.
  7. (G) In the event of a tie vote, the board shall designate the respective terms of those receiving the same number of votes.
  8. (H) Subsequent to the first election, members of the board shall be elected for the full term provided in the plan.
4. (4)
  1. (A) All vacancies on the board shall be filled for the unexpired term at the next regular general election occurring more than thirty (30) days subsequent to the vacancy.
  2. (B) Immediately after the vacancy occurs, the remaining members of the board shall fill the vacancy on an interim basis by the selection of a person qualified under this part to fill the vacancy on a permanent basis.
  3. (C) The interim member shall hold office until the vacancy is permanently filled at the next general election.
(c) Alternative 2.
1. (1) As another alternative, the plan may provide for the election of five (5) or seven (7) board members representing five (5) or seven (7) school districts of approximately equal population, to be chosen in the following manner:
  1. (A) Where one (1) or more school districts are wholly within the corporate limits of a municipality, members of the consolidated board of education from such districts shall be selected by the governing body of the municipality;
  2. (B) Where one (1) or more school districts are wholly outside of the corporate limits of a municipality, the members of the board representing such districts shall be selected by the governing body of the county;
  3. (C) Where one (1) or more school districts are partly within and partly outside of the corporate limits of a municipality, the board members representing such districts shall be selected by the governing body of the municipality or by the governing body of the county, depending upon whether a majority of the population of the school district resides within the municipality or without the municipality.
2. (2) Terms of board members under this alternative shall be so staggered as the plan may determine.
3. (3) All vacancies on the board under this alternative shall be filled for the unexpired term by the appointing authority with respect to the members of the board from such district.
(d) Alternative 3.
1. (1) As a third alternative, the plan may provide for the election of five (5), seven (7) or nine (9) board members by popular vote at the August general election, with the requirements that at least a majority of the number of board members be bona fide residents of particular districts and elected from such districts, and the remaining number of members being bona fide residents of the county and elected from the county at-large.
2. (2) The plan may further provide that a certain number of districts be completely within the largest municipality in the county and certain districts completely within the county outside of such largest municipality, and a certain number of districts be coincident with the boundaries of the entire county, including the largest municipality.
3. (3) Electors within the city may be permitted to vote for candidates from all districts within the city and for candidates at-large.
4. (4) Electors outside of the city may be permitted to vote for candidates from all districts outside the city and for candidates at-large.
5. (5) The plan shall provide that no more than one (1) member from the county at-large shall be a resident of the same geographical district.
6. (6) The districts provided by the plan shall be of approximately equal population and the boundaries of the districts shall be described in the plan.
7. (7) The plan shall also provide appropriate procedures for the reapportionment of districts after each federal decennial census, so that members of the board may continue to be elected by or from districts of approximately equal population.
8. (8) Terms of board members shall be staggered.
(e) Every consolidated board of education shall have all powers and duties conferred by general law upon county boards of education or city boards of education. The board is also authorized to do all things necessary or proper for the establishment, operation and maintenance of an efficient and accredited consolidated school system, not inconsistent with this part or other general law.

§ 49-2-1203. Director.

(a) Any plan of consolidation shall provide that the consolidated board of education is authorized to designate a person experienced in public school management and supervision and possessing the qualifications required of a director of schools pursuant to § 49-2-301 as the chief administrative employee of the board, and to enter into an employment contract with such person for a period not to exceed five (5) years and for a compensation to be determined in the contract.
(b) The person so employed shall be designated director of consolidated schools.
(c) The consolidated board of education is authorized to assign to the director such duties and responsibilities as are necessarily, usually or properly assigned to a city director of schools or to a county director of schools.

§ 49-2-1204. Rights of employees.

(a)
1. (1) Any plan of consolidation shall require continuation of a local retirement system for all officers, teachers and other employees who elect to remain in the system.
2. (2) The plan shall also provide:
  1. (A) For continuation of the local retirement system for new officers, teachers and other employees; or
  2. (B) For a new retirement system or coverage under the Tennessee consolidated retirement system for all new officers, teachers and other employees and those present officers, teachers and other employees who elect to be transferred to the other system.
(b) No plan of consolidation adopted under this part shall in any way abridge, diminish or impair any tenure right or sick leave right that an officer, teacher or other employee may have earned during service in any component system.
(c) Any plan of consolidation shall guarantee that the salary schedule under which the teachers and other employees of a component part of any consolidated school system were employed shall continue to apply for the teachers and other employees, and no such salary schedule may be lower than it was prior to consolidation. The plan shall provide that within three (3) years after the establishment of the new consolidated school system, a new salary schedule shall be established for the consolidated school system, which shall be no lower than the highest salary schedule maintained by a component part of the system prior to the establishment of the new consolidated school system.

1 Backlink

49-2-502(b)(2)

§ 49-2-1205. Transitional board.

(a) Any plan of consolidation shall provide for a transitional school board in the event the plan makes consolidation of schools effective at a date prior to September 1 next after the general election in August when members of the consolidated board of education are to be elected.
(b) The transitional board shall be composed of all members of the boards of education of school systems consolidated under the plan of consolidation.
(c) The transitional board shall have all powers and duties of the permanent consolidated board, except that the transitional board shall not make an employment contract with a director of consolidated schools for a period extending beyond the date when the terms of members of the consolidated board begin.

§ 49-2-1206. Consolidation plan.

(a)
1. (1) Where the planning commission has submitted a plan of consolidation to the department of education and has thereafter approved the plan with or without revision, after receiving the recommendations of the department, the proposed plan of consolidation shall be submitted to the governing body of the county and of all affected municipalities, and to the boards of education of all affected special school districts.
2. (2) Before taking action upon the proposed plan of consolidation, each of the governing bodies and boards of education shall hold at least one (1) public hearing duly advertised one (1) week or more prior to the hearing, in a newspaper of general circulation throughout the county.
3. (3) Subsequent to the public hearing, each governing body and affected board of education shall consider and act upon the proposed plan of consolidation at its next regular meeting or at an adjourned session of the regular meeting.
4. (4) The governing body is authorized to:
  1. (A) Approve the proposed plan of consolidation and recommend its adoption to the electorate; or
  2. (B) Disapprove the proposed plan of consolidation and recommend its rejection by the electorate.
5. (5) Where the governing body of any affected county or municipality or the board of education of any affected special school district has approved the proposed plan of consolidation, the proposed plan of consolidation shall be voted upon at a referendum election as provided in subsection (b), and may be adopted by the result of the election as provided in subsection (b).
6. (6) Where the governing bodies of the affected county and of all affected municipalities and the boards of education of all affected special school districts have disapproved the proposed plan of consolidation, the proposed plan of consolidation shall be deemed rejected and finally disposed of, unless a referendum is called by petition as provided in subsection (c).
7. (7) Those counties with metropolitan governments in which the principal city is not the county seat shall be permitted to adopt a consolidation plan for school systems with approval of the governing body of the metropolitan government and approval by all affected school boards.
(b)
1. (1) Any governing body or board of education that approves a plan of consolidation shall cause to be certified to the county election commission a copy of its resolution of approval, together with a copy of the plan of consolidation, unless it has knowledge that another governing body or board of education has previously so caused the copy of its resolution of approval to be certified.
2. (2) After certification, it is the duty of the county election commission to hold a special referendum election for the ratification or rejection of the proposed plan of consolidation.
3. (3) The special referendum election shall be held on the date fixed by the county election commission, not less than fifty (50) days nor more than seventy (70) days subsequent to the date the county election commission receives a certified resolution of approval from a governing body or board of education.
4. (4) The date of the special election so fixed may but need not coincide with the date of a regular general election.
5. (5) In a referendum election, voters residing in the county and qualified to vote for members of the general assembly shall be qualified to vote in the referendum election; and in any such election, the general laws with respect to elections shall be applicable except as otherwise provided in this section.
6. (6) Notice of the special referendum election shall be given as provided by § 2-12-111(b).
7. (7)
  1. (A) Ballots shall be in the form prescribed by the general election laws, except as otherwise provided in this section, and the only questions submitted to the voters shall be in the following form, with blanks appropriately filled in:
    1. For Plan of Consolidating Schools in
    2. County
    3. Against Plan of Consolidating Schools in
    4. County
  2. (B) Where voting machines are used, suitable arrangements shall be made to permit the use of the machines.
8. (8) The county election commission shall canvass the returns and certify the results as if separate elections were being held within each incorporated municipality or special school district that maintains a separate school system, and also within the area of the county outside of municipalities and special school districts maintaining separate school systems.
9. (9) For the purpose of determining whether the proposed plan of consolidation has been accepted or rejected, the county election commission shall canvass the returns and certify the results for:
  1. (A) Each city maintaining its separate school system;
  2. (B) Each special school district maintaining its separate school system; and
  3. (C) The entire area of the county outside of the city or cities and the special school district or districts maintaining their own separate school system.
10. (10) The proposed plan of consolidation shall be deemed ratified and adopted if the proposed plan of consolidation is approved by a majority of those voting within each city and each special school district maintaining its own school system and also in the area of the county outside the municipalities and special school districts.
11. (11) The proposed plan of consolidation shall be deemed rejected and shall not become effective if the proposed plan of consolidation is disapproved by a majority of those voting in any city or special school district maintaining its separate school system, or by a majority of those voting in the county outside the areas of the municipalities and special school districts.
12. (12) Whenever a plan of consolidation has been adopted, the county election commission shall proclaim that fact and shall deliver a copy of the plan of consolidation previously furnished to them to the consolidated board of education or transitional board when the consolidated board of education or transitional board has become constituted.
(c)
1. (1) Within sixty (60) days after disapproval of the proposed plan of consolidation by the last governing body or board of education empowered to act on the plan, there may be filed with the county election commission a petition or petitions, signed by a number of registered voters at least equal to ten percent (10%) of the total votes cast in the county for governor at the then last preceding gubernatorial election, requesting a referendum election to vote upon the question of whether the plan of consolidation shall become effective.
2. (2) Persons signing the petition must be registered voters. In addition to their signatures, they shall write upon the petition their ages and specific addresses at the time of signing the petition.
3. (3) The person circulating each petition shall execute an affidavit at the end of the petition that all signatures on the petition were signed in that person's presence by the persons whose names the signatures purport to be.
4. (4) The referendum election shall be held not less than fifty (50) nor more than seventy (70) days after filing of the petition, and the results of the election shall be determined as provided in subsection (b).

§ 49-2-1207. Powers of state regarding consolidation.

The department of education and the commissioner of education are vested with the following powers and duties respecting the consolidation of school systems as provided in this part:
1. (1) Formulate recommended policies and practices for conducting the consolidation programs;
2. (2) Develop suggested methods of procedure and a manual as guides for use by the planning commissions;
3. (3) Provide professional assistance in consolidation studies and development of consolidation proposals;
4. (4) Appraise reports of studies made by the planning commissions and examine plans for consolidation, recommending changes or modifications where deemed desirable; and
5. (5) Afford financial assistance that may be required by counties in effecting consolidation, within the limits of funds available for such purposes.

§ 49-2-1208. Construction.

(a) This part is declared to be remedial legislation to be liberally construed for the purpose of increased economy and efficiency in the operation of public schools; and, after any plan of consolidation provided for in this part has become effective, no officer or agency of any constituent school system shall retain any power or duty where such retention would be inconsistent with this part or with the plan of consolidation.
(b) Nothing in this part shall be construed to alter or repeal any other law prescribing methods and procedures, contractual, cooperative, unilateral or otherwise by which schools or school systems may be operated.

§ 49-2-1209 — 49-2-1250. [Reserved]

§ 49-2-1251. Multi-county consolidated school systems — Creation authorized.

County boards of education, whenever they deem it advisable for the purpose of a more economical administration and the improvement of the efficiency of the schools, may combine with another county or counties to operate the schools of the counties as a single multi-county consolidated school system.

6 Backlinks

§ 49-2-1252. Multi-county consolidated school systems — Unification educational planning commission.

(a)
1. (1) In all counties in this state there may be created a unification educational planning commission, sometimes called the “commission” in §§ 49-2-1251 — 49-2-1266.
2. (2) It is the duty of the planning commission to study and consider the need for and problems in conjunction with the consolidation of all county schools within the subject counties into a unified school system, and to make and file a written report as provided in this part. If the report recommends consolidation, it shall be accompanied by a proposed plan of consolidation, as provided in §§ 49-2-1251 — 49-2-1266.
(b)
1. (1) The county mayor, the chair of the county commission and the chair of the board of education of each county may each appoint three (3) competent citizens as members of the planning commission.
2. (2) The names of all appointees, other than those made by the county mayor, shall be certified to the county mayor by the appointing authority.
3. (3) The county mayor of one (1) of the counties, which one (1) shall be determined by mutual agreement of the counties, shall furnish the commissioner of education with a certified list of all members of the planning commission promptly after all appointments have been made.
4. (4) The certified list, together with the appointing officials who shall be ex officio voting members, shall constitute the planning commission, subject to the right of the appointing authorities thereafter to fill any vacancies that may subsequently occur.
(c)
1. (1) Within thirty (30) days after the planning commission has been constituted, its members shall hold an organizational meeting at a time and place fixed by one (1) of the county mayors, which one (1) to be determined by mutual agreement of the counties, with notice of the meeting to all members.
2. (2) The planning commission shall elect a chair, a secretary and other officers as it deems necessary.
3. (3) Future meetings of the planning commission shall be held at such times and places as may be determined.
(d)
1. (1) Members of the planning commission shall not receive per diem or other compensation for their services but shall be reimbursed for necessary expenses incurred by them.
2. (2) The expenses and other necessary expenses of the planning commission shall be paid from funds appropriated for those expenses by the participating counties.

§ 49-2-1253. Multi-county consolidated school systems — Comprehensive study.

(a) The planning commission shall make a comprehensive study of the need for, issues in, and problems of consolidation of the various county school systems.
(b) The study shall be completed and a written report made and filed with the commissioner of education within one (1) year after the first meeting of the planning commission.

§ 49-2-1254. Multi-county consolidated school systems — Preparation of consolidation plan.

(a)
1. (1) The planning commission shall be authorized to prepare a plan for the consolidation of such county school systems.
2. (2) The plan as agreed upon by a majority of the planning commission shall be submitted to the department of education for appraisal.
3. (3) The recommendations that the department sees fit to make shall be considered by the planning commission and the plan of consolidation may be revised in the light of the recommendations.
(b)
1. (1) Before presentation of any proposed plan of consolidation to the department, the planning commission shall hold at least one (1) public hearing duly advertised at least one (1) week prior to the hearing in a newspaper or newspapers of general circulation in each of the counties involved.
2. (2) A record shall be kept of the public hearing in each county and a copy filed with the department.
(c) In developing any consolidation plan, the planning commission shall consider and provide for the following:
1. (1) Administrative organization of the proposed consolidated system;
2. (2) A method to ensure no diminution in the level of the educational service in the schools in any of the county systems involved;
3. (3) Appropriate means for the transfer of all assets and liabilities, including title to all school property, real and personal, of the county systems to the consolidated system;
4. (4) Plans for disposition of existing bonded indebtedness, which shall not impair the rights of any of the bond holders;
5. (5) Plans for the preservation of the existing pension rights of all teachers and nonteaching personnel in the respective systems;
6. (6) Plans for preserving the existing tenure rights, sick leave rights and salary schedule rights, of all teachers and nonteaching personnel in the respective systems;
7. (7) Appropriate plans for contributions by counties to the consolidated system for the operation of a unified system of schools during the period of transition following consolidation, which period shall not exceed three (3) years;
8. (8) Appropriate plans for reapportionment after each federal decennial census of districts for election of members of the consolidated school board; and
9. (9) Any other matter deemed by the planning commission to be pertinent.

§ 49-2-1255. Multi-county consolidated school systems — Consolidated boards of education.

(a) Any plan of consolidation shall provide for a consolidated board of education, sometimes referred to as the “board” in §§ 49-2-1251 — 49-2-1266, to be composed of nine (9) members whose terms of office shall be four (4) years.
(b)
1. (1) The plan shall provide for the election of nine (9) board members by popular vote at the August general election, with the requirement that all of the board members be bona fide residents of particular districts and elected from such districts.
2. (2) Members elected at the regular August election shall take office on September 1, following their elections.
3. (3) The nine (9) districts shall be described by the plan, shall cover all of the counties, may cross county lines and shall be of substantially equal population.
4. (4) The districts shall be apportioned after every federal decennial census, so that members of the board may continue to be elected from districts of substantially equal population.
5. (5) The terms of the board members shall be staggered as the plan may determine.
(c) Every consolidated board of education has all powers and duties conferred by general law upon county boards of education. The board is authorized to do all things necessary or proper for the establishment, operation and maintenance of an efficient and accredited consolidated school system.

§ 49-2-1256. Multi-county consolidated school systems — Director.

(a) Any plan of consolidation shall provide that the consolidated board of education is authorized to designate a person experienced in public school management and supervision and possessing a license of qualification issued by the state board of education pursuant to § 49-2-301 as the chief administrative employee of the board, and to enter into an employment contract with that person for a period not to exceed five (5) years and for compensation to be determined in the contract.
(b) The person so employed shall be designated director of consolidated schools.
(c) The board is authorized to assign to the director duties and responsibilities that are necessarily, usually or properly assigned to a county director of schools.

§ 49-2-1257. Multi-county consolidated school systems — Approval or rejection of plan.

(a) Where the planning commission has submitted a plan of consolidation to the department of education and has thereafter approved the plan, the proposed plan of consolidation shall be submitted to the governing bodies of the counties involved.
(b) Before taking action upon the proposed plan, each of the governing bodies shall hold at least one (1) public hearing duly advertised one (1) week or more prior to the hearing, in a newspaper or newspapers of general circulation throughout the county.
(c) Subsequent to the public hearing, each governing body shall consider and act upon the proposed plan of consolidation at its next regular meeting.
(d) The governing body is authorized to:
1. (1) Approve the proposed plan of consolidation; or
2. (2) Disapprove the proposed plan of consolidation.
(e) Where the governing bodies of all the counties have disapproved the proposed plan of consolidation, the proposed plan of consolidation shall be deemed rejected and finally disposed of.
(f) Whenever a plan of consolidation has been approved by all counties involved, a copy of the plan of consolidation shall be delivered to the consolidated school board.

§ 49-2-1258. Multi-county consolidated school systems — Issuance of bonds.

Any consolidated board of education created under §§ 49-2-1251 — 49-2-1266 has the authority to issue bonds as a separate and independent local government under the Local Government Public Obligations Act of 1986, compiled in title 9, chapter 21.

§ 49-2-1259. Multi-county consolidated school systems — Audit of boards.

Consolidated boards of education shall be subject to the audit provisions of § 49-2-112.

§ 49-2-1260. Multi-county consolidated school systems — Adoption of local option sales tax rate.

Prior to or in conjunction with the adoption of a multi-county school system, the counties that adopt a multi-county school system shall adopt the same local option sales tax rate and distribute according to law.

§ 49-2-1261. Multi-county consolidated school systems — Budgeting, fiscal and purchasing procedures.

(a) A multi-county school system created pursuant to this part shall budget according to the County Budgeting Law of 1957, compiled in title 5, chapter 12, part 1.
(b) The school system shall follow the fiscal procedures of the County Fiscal Procedure Law of 1957, compiled in title 5, chapter 13.
(c) The school system shall follow the purchasing process of the County Purchasing Law of 1957, compiled in title 5, chapter 14, part 1.

§ 49-2-1262. Multi-county consolidated school systems — Funding bonus.

To aid in the offset of the expenses incurred in the consolidation process, the state shall supplement combining systems with a five percent (5%) funding bonus for the first five (5) years of the existence of the combined system. This five percent (5%) bonus shall be over and above the funds received from the state under this title. Funds distributed under this title for administrative purposes shall continue to be distributed as if each school system were still a separate entity.

§ 49-2-1263. Multi-county consolidated school systems — Powers and duties of department of education.

The department of education and the commissioner of education are vested with the following powers and duties respecting the consolidation of school systems:
1. (1) Formulate recommended policies and practices for conducting the consolidation programs;
2. (2) Develop suggested methods of procedure and a manual as guides for use by the planning commissions;
3. (3) Provide professional assistance in consolidation studies and development of consolidation proposals;
4. (4) Appraise reports of studies made by the planning commissions and examine plans for consolidation, recommending changes or modifications where deemed desirable; and
5. (5) Afford financial assistance that may be required by counties in effecting consolidation, within limits of funds available for such purposes.

§ 49-2-1264. Multi-county consolidated school systems — Participation by municipal or special school districts.

(a) Any municipal or special school district within a county contemplating consolidation may participate in the consolidation process. The municipal or special school district shall notify the county commission of their respective county of their wish to consolidate with the county systems.
(b) The chair of the board of education of each municipal or special school district may appoint three (3) competent citizens as members of the consolidation planning commission. The chair of the respective boards of education shall be ex officio voting members of the commission.
(c) If the municipal or special school district wishes to withdraw from the consolidation process, it may do so at any time prior to submittal of the plan to the local governing bodies.

§ 49-2-1265. Multi-county consolidated school system — Property tax.

(a) In addition to any other tax applicable to property located within the consolidated school district created pursuant to this part, there shall be levied a property tax sufficient to fund the consolidated school district. The tax rate shall be set by the general assembly by private act.
(b) The board of education of the consolidated school district shall have the authority to set the tax rate lower than that imposed by any private act setting a tax rate for the school district, but shall not have the power to impose a tax in excess of any statutory levy nor shall it have the power to lower any special levy assessed for the purpose of bond repayment. In order to change the rate of taxation, the board must certify, on or before September 1, to the county trustees the new school district tax rate not to exceed the rate imposed by the legislative act, and the county trustees shall collect the taxes based on the rates so certified.

2 Backlinks

§ 49-2-1266. Construction of §§ 49-2-1251 — 49-2-1265.

(a) Sections 49-2-1251 — 49-2-1265 are declared to be remedial legislation to be liberally interpreted for the purpose of increased economy and efficiency in the operation of public schools and after any plan of consolidation provided for shall become effective, no officer or agency of any constituent school system shall retain any power or duty where such retention would be inconsistent with §§ 49-2-1251 — 49-2-1265 or with the plan of consolidation.
(b) Nothing in §§ 49-2-1251 — 49-2-1265 shall be construed to alter or repeal any other law prescribing methods and procedures, contractual, cooperative, unilateral or otherwise by which schools or school systems may be operated.

4 Backlinks

Part 13 Educational Cooperation Act

§ 49-2-1301. Short title.

This part shall be known and may be cited as the “Educational Cooperation Act.”

§ 49-2-1302. Purpose.

It is the purpose of this part to permit local governmental units and boards of education the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and to thereby provide educational services and facilities in a manner that will accord best with geographic, economic, population and other factors influencing the needs and development of local educational facilities and services.

§ 49-2-1303. “Public agency” defined.

As used in this part, “public agency” includes:
1. (1) A board of education of any county, city or special school district or school system;
2. (2) A county or municipal governing body; and
3. (3) A director of schools.

§ 49-2-1304. Joint action — Agreements — State approval and monitoring.

(a)
1. (1) Any power or powers, privileges or authority exercised or capable of exercise by a public agency of this state may be exercised and enjoyed jointly with any other public agency of this state having the same powers, privileges or authority.
2. (2) Any agency of the state government when acting jointly with any like public agency may exercise and enjoy all of the powers, privileges and authority conferred by this part upon a like public agency.
3. (3) The authority for joint or cooperative action of political subdivisions shall apply only to such powers, privileges or authority vested in their governing bodies, and no joint or cooperative agreement shall be entered into affecting or relating to the constitutional or statutory powers, privileges or authority of officers of political subdivisions, or of agencies of political subdivisions having powers granted by statute independent of the governing body.
(b)
1. (1) Any two (2) or more public agencies may enter into agreements with one another for joint or cooperative action in accordance with this part.
2. (2) Appropriate action by ordinance, resolution or otherwise pursuant to law of the governing bodies of such participating public agencies shall be necessary before any such agreement may become effective.
(c) Any such agreement shall specify the following:
1. (1) Its duration;
2. (2) The precise organization, composition and nature of any separate legal or administrative entity created by the agreement, together with the powers delegated to such entity;
3. (3) The purpose or purposes of the joint or cooperative action;
4. (4) The manner of financing the joint or cooperative undertaking and of establishing and maintaining a budget for the joint or cooperative undertaking;
5. (5) The permissible method or methods to be employed in accomplishing the partial or complete termination of the agreement and for disposing of property upon such partial or complete termination; and
6. (6) Any other necessary and proper matters.
(d) If the agreement does not establish a separate legal entity to conduct the joint or cooperative undertaking, the agreement shall, in addition to the information required by subsection (c), contain the following:
1. (1)
  1. (A) Provision for an administrator or a joint board responsible for administering the joint or cooperative undertaking;
  2. (B) In the case of a joint board, all public agencies party to the agreement shall be represented;
  3. (C)
    1. (i) The administration of any schools, facilities and services may be placed under a board of control created pursuant to the terms of the agreement;
    2. (ii) If such a board of control is created, it shall elect its own chair and secretary;
    3. (iii) The board of control shall exercise all the administrative powers and functions with respect to the school facility or service that county boards of education are authorized to perform and exercise with respect to the operation of county schools;
    4. (iv) However, the schools, facilities or services may be administered by such other persons and in such other manner as the terms of the agreement may provide; and
  4. (2) The manner of acquiring, holding and disposing of real and personal property used in the joint or cooperative undertaking.
(e) No agreement made under this part shall relieve any public agency of any obligation or responsibility imposed upon it by law, except that to the extent of actual and timely performance thereof by a joint board or other legal or administrative entity created by an agreement made under this part, the performances may be offered in satisfaction of the obligation or responsibility.
(f)
1. (1) Every agreement made under this part shall, prior to and as a condition precedent to its entry into force, be submitted to the attorney general and reporter and to the commissioner of education who shall determine whether the agreement is in proper form and compatible with the laws of this state.
2. (2) The attorney general and reporter and the commissioner shall each approve any agreement submitted to them under this part, unless they shall find that it does not meet the conditions set forth in this part and shall detail in writing addressed to the governing bodies of the public agencies concerned the specific respects in which the proposed agreement fails to meet the requirements of law.
3. (3) Failure to disapprove an agreement submitted under this part within forty-five (45) days of its submission shall constitute approval of the agreement by the individual who fails to disapprove.
(g) Financing of joint projects by agreement shall be as provided by law.
(h)
1. (1) The governing body of any such joint or cooperative entity of any two (2) or more political subdivisions as provided by subsections (b) and (c) with respect to funds under its control shall cause an annual audit to be made of the books and records of the organization.
2. (2) It is the duty of the governing body to order and pay for the audit, and to contract with certified public accountants, public accountants or the department of audit to make the audit.
3. (3) The comptroller of the treasury, when the comptroller of the treasury deems it necessary, may require the audit to be conducted by the department of audit, the cost of the audit to be paid by the governing body.
4. (4) The comptroller of the treasury, through the department of audit, shall be responsible for determining that the audit is prepared in accordance with generally accepted governmental auditing standards and that the audit meets the minimum standards prescribed by the comptroller of the treasury.
5. (5) The comptroller of the treasury shall prepare a uniform audit manual as is required to assure that the books and records are kept in accordance with generally accepted accounting principles and that audit standards prescribed by the comptroller of the treasury are met.
(i)
1. (1) The department of education shall monitor educational cooperatives.
2. (2) The department may enjoin the participating school district from expending state funds on the cooperatives if deemed necessary by the commissioner.
3. (3) The department may withhold funds from school districts that continue to expend funds on educational cooperatives that, in the commissioner's opinion, are not providing an adequate and economic service to the school districts.

2 Backlinks

§ 49-2-1305. Ancillary powers.

(a)
1. (1) Counties and municipalities are authorized and empowered to levy taxes and issue bonds for all joint or cooperative undertakings authorized by this part.
2. (2) Counties, municipalities and school districts are authorized and empowered to expend funds, acquire property through purchase, employ teachers, provide for the transportation of school children and do any and all other acts necessary or expedient for entering into and consummating all joint or cooperative undertakings authorized by this part.
3. (3) Existing school plants and facilities may be used or new plants may be acquired or constructed.
4. (4) Agreements for joint ownership or use of real and personal property are authorized.
(b)
1. (1) If agreements made pursuant to this part establish legal entities to conduct joint or cooperative undertakings, the commissioner of education may consider applications from and allocate funds to such legal entities, at the commissioner's discretion, pursuant to special grant programs administered by the department.
2. (2) However, nothing in subdivision (b)(1) shall be construed to authorize the distribution of Tennessee foundation program funds directly to such legal entities.
3. (3) Such legal entities are authorized to accept grants of funds from any public or private organization including the state and the federal government.
(c) Any public agency entering into an agreement under this part may appropriate funds and may sell, lease, give or otherwise supply the administrative joint board or other legal or administrative entity created to operate the joint or cooperative undertaking by providing the personnel or services therefor as may be within its legal power to furnish.
(d)
1. (1) Any public agency may contract with any other agency or agencies to perform any governmental service, activity or undertaking that each public agency entering into the contract is authorized by law to perform, if the contract is authorized by the governing body of each party to the contract.
2. (2) The contract shall set forth fully the purposes, powers, rights, objectives and responsibilities of the contracting parties.

§ 49-2-1306. Recording of agreement — Legal actions involving parties.

(a) Before its entry into force, an agreement made under this part shall be filed with the custodian of local public records and with the secretary of state.
(b)
1. (1) In any case or controversy involving performance or interpretation of an agreement made under this part or liability under the agreement, the public agencies party thereto shall be real parties in interest, and the state may maintain an action to recoup or otherwise make itself whole for any damages or liability that it may incur by reason of being joined as a party therein.
2. (2) Such action shall be maintainable against any public agency or agencies whose default, failure of performance or other conduct caused or contributed to the incurring of damage or liability by the state.

§ 49-2-1307. Additional approval of affected agencies.

(a) If an agreement made under this part addresses in whole or in part the provision of services or facilities with regard to which an officer or agency of the state government has constitutional or statutory powers of control, the agreement shall, as a condition precedent to its becoming effective, be submitted to the state officer or agency having such power of control and shall be approved or disapproved by the state officer or agency as to all matters within the state officer's or its jurisdiction in the same manner and subject to the same requirements governing the action of the attorney general and reporter and the commissioner of education as contained in § 49-2-1304.
(b) The requirement of submission and approval shall be in addition to, and not in substitution for, the requirement of submission to and approval by the attorney general and reporter and the commissioner.

§ 49-2-1308. Rights preserved.

Nothing in this part shall prohibit any public agency from contracting with other public agencies under existing statutory or charter authority.

Part 20 School Boards Association

§ 49-2-2001. General provisions.

(a) The Tennessee school boards association is recognized as the organization and representative agency of the members of school boards of this state.
(b)
1. (1) The commissioner of education, the department of education, the state board of education and the boards of education of counties, cities and special school districts are authorized and empowered to cooperate with the Tennessee school boards association in its in-training programs for school board members and in encouraging and fostering cooperation among the school boards of this state.
2. (2) Any board of education is authorized to become affiliated with the Tennessee school boards association.
3. (3) The various boards of education are authorized to use the organization of the Tennessee school boards association in coordinating the policies, control and management of the schools under their respective jurisdictions.
(c) Membership dues and necessary traveling expenses of school board members and directors of schools incurred in attending meetings of the Tennessee school boards association may be paid as other expenses are paid by boards of education.
(d) The Tennessee school boards association is authorized to receive funds in the form of dues from its members and contributions from individuals, organizations and agencies for the purposes of carrying on its program.

Part 21 Directors of Schools Association

§ 49-2-2101. General provisions.

(a) The chief administrative officers of the public school systems, called directors of schools in this section, are authorized to form and join an organization whose membership shall be open to directors of schools in service, but membership in the organization shall not be required. Additionally, the organization shall be open to affiliate membership for principals, assistant principals, and system-wide supervisors for the purpose of professional development coursework and related activities.
(b)
1. (1) The organization, if formed pursuant to this section and before entering upon any other activities, shall adopt a constitution, which may be amended subsequently, setting forth its purposes, which shall include, but not be limited to:
  1. (A) The advancement of public education;
  2. (B) The promotion of the work and interests of directors of schools, principals, assistant principals, and system-wide supervisors;
  3. (C) The gathering and circulation of information on general school matters;
  4. (D) The provision of pertinent information on sound education legislation to the general assembly; and
  5. (E) The cooperation with the department of education and other agencies and organizations interested in public education.
2. (2) The organization may adopt bylaws and from time to time revise the bylaws.
(c)
1. (1) The organization is authorized to perform all reasonable acts necessary or incidental to carrying out its purposes.
2. (2) The organization may receive funds in the form of membership fees from its members and contributions from individuals, organizations, and agencies, public and private, and may expend the funds for the purposes of carrying on its program, including the employment of necessary staff and consultants.
3. (3) Membership fees for directors of schools shall be set in the bylaws of the organization and may be paid from any local school funds budgeted for this purpose, but shall not be included in any matching funds otherwise required for participation in the Tennessee investment in student achievement formula (TISA).
4. (4) Membership fees for affiliate members shall be set in the bylaws of the organization and may be paid from any local school funds budgeted for this purpose. Funds derived for membership fees from affiliate members shall be used only for professional development purposes and related expenses. No part of these funds shall be used for the purpose of lobbying or government relations. Upon request of the chair of the education committee of the senate or the chair of the education administration committee of the house of representatives, a report detailing the professional development activities for affiliate members of the organization shall be submitted to the committee.
5. (5) No direct state appropriation or grant of state funds shall be made to this organization; however, departments and agencies of state and local governments may contract for services with the organization for which state and local revenues may be used.
(d) The organization shall not be in lieu of or infringe upon the existing superintendents' study council, which is authorized to continue as an in-service education effort of the department of education.

Chapter 3 Finances

Part 1 Tennessee Investment in Student Achievement Act

§ 49-3-101. Short title.

This part is known and may be cited as the “Tennessee Investment in Student Achievement Act.”

§ 49-3-102. General provisions.

(a) The state school fund consists of all funds appropriated or allocated from the state treasury for the operation and maintenance of the public schools or that may derive from any state taxes, the proceeds of which are devoted to public school purposes.
(b) The state school fund must be administered and distributed in accordance with the applicable provisions of this title, or, if not controlled in the provisions of this title, then in accordance with the provisions of the general appropriations act that may be applicable.
(c) Notwithstanding §§ 49-3-105 — 49-3-109 or any other law to the contrary, the changes in education funding implemented pursuant to this part are subject to and must be implemented only in accordance with funding as approved by the general assembly in the general appropriations act or other legislative act passed by the general assembly.

§ 49-3-103. Tennessee investment in student achievement formula established.

(a) The Tennessee investment in student achievement formula (TISA) is a student-based funding formula established as the system for funding education for kindergarten through grade twelve (K-12) public schools. The TISA is established to support the following goals:
1. (1) Empowering each student to read proficiently by third grade and each grade thereafter;
2. (2) Preparing each high school graduate to succeed in the postsecondary program or career of the graduate's choice; and
3. (3) Providing each student with the resources needed to succeed, regardless of the student's individual circumstances.
(b) The department shall implement the TISA beginning with the 2023-2024 school year.
(c) The funding described in this part must be allocated in accordance with this part and with rules promulgated by the department in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(d) By July 1, 2023, and by each July 1 thereafter, the department shall create and publish a TISA guide outlining the department's procedures for administering the TISA. At a minimum, the TISA guide must:
1. (1) Identify the data that the department must receive from each LEA for purposes of administering the TISA;
2. (2) Explain how and when the data identified pursuant to subdivision (d)(1) must be submitted to the department;
3. (3) Explain how an LEA may dispute an alleged error in an allocation made to the LEA;
4. (4) State that pursuant to § 49-3-108(h), the comptroller shall not approve a local government budget that fails to include the local contribution; and
5. (5) Identify each LEA that qualifies as a sparse district or a small district.

§ 49-3-104. Definitions.

As used in this part, unless the context otherwise requires:
1. (1) “Average daily membership” or “ADM” means the sum of the total number of days a student is enrolled divided by the number of days school is in session during this period;
2. (2) “Base funding amount” means the uniform dollar amount that each student generates towards the student's funding allocation in a given year;
3. (3) “Baseline funding amount” means:
  1. (A) The basic education program allocations an LEA received in the 2022-2023 school year;
  2. (B) The coordinated school health grant allocations an LEA received in the 2022-2023 school year;
  3. (C) The family resource center grant allocations an LEA received from the department in the 2022-2023 school year; and
  4. (D) The school safety grant allocations an LEA received in the 2022-2023 school year;
4. (4) “Career and technical program” means a coordinated, non-duplicative sequence of academic and technical content that:
  1. (A) Incorporates challenging state academic standards;
  2. (B) Addresses academic and technical knowledge and skills, including employability skills;
  3. (C) Is aligned with the needs of industries in the economy of the state, region, or local area;
  4. (D) Progresses in specificity, beginning with all aspects of an industry or career cluster and leading to more occupation-specific instruction, including early postsecondary instruction;
  5. (E) Has multiple entry and exit points that incorporate credentialing;
  6. (F) Culminates in the attainment of a recognized credential; and
  7. (G) Is established and categorized into one (1) of three (3) levels by the department, as provided in the department's rules, based on the additional resources required to support the program and the wage-earning potential for students participating in the program;
5. (5) “Commissioner” means the commissioner of education;
6. (6) “Concentrated poverty” means that a student is a member in a school that is eligible for Title I schoolwide designation;
7. (7) “Department” means the department of education;
8. (8) “Direct allocation” means an allocation in addition to the base funding amount for a student expressed as a flat dollar amount;
9. (9) “Distribution period” means the period for which the department distributes funds pursuant to a distribution schedule established pursuant to § 49-3-108;
10. (10) “Economically disadvantaged” means, as defined in Tennessee's Every Student Succeeds Act (ESSA) plan established pursuant to the federal Every Student Succeeds Act (20 U.S.C. § 6301 et seq.), a homeless, foster, runaway, or migrant student or a student eligible for free or reduced-price school meals or milk through the direct certification eligibility guidelines established pursuant to 42 U.S.C. §§ 1751-1769;
11. (11) “Existing educator” means an individual who is evaluated pursuant to § 49-1-302(d)(2) and who provides direct service to students at school sites;
12. (12) “Fiscal capacity” means the percentage of the local share that a county must contribute;
13. (13) “Fiscal capacity calculation” means the formula evaluated by the comptroller of the treasury and approved by the state board that determines fiscal capacity as the average of the fiscal capacity estimates generated by the formula established by the Boyd Center for Business and Economic Research at the University of Tennessee and the formula established by the Tennessee advisory commission on intergovernmental relations;
14. (14) “Local contribution” means the dollar amount of local funds that a local government must pay toward the local share;
15. (15) “Local education agency” or “LEA” means a county, city, or special school district, unified school district, school district of a metropolitan form of government, or another school system established by law;
16. (16) “Membership” means a student is enrolled and assigned to a class;
17. (17) “Postsecondary readiness assessment” means the assessment required pursuant to § 49-6-6001(b);
18. (18) “Small district” means an LEA with a membership of one thousand (1,000) or fewer students;
19. (19) “Sparse district” means a county LEA located in a county with fewer than twenty-five (25) students per square mile;
20. (20) “State board” means the state board of education;
21. (21) “TCAP” means the Tennessee comprehensive assessment program;
22. (22) “Tennessee investment in student achievement formula” or “TISA” means the student-based funding formula established pursuant to this part that consists of student-generated funding allocations pursuant to §§ 49-3-105 and 49-3-106;
23. (23) “Unique learning need” means a learning need for which an LEA must provide the student individualized services, interventions, accommodations, or modifications to meet the student's need pursuant to § 49-1-229, § 49-10-108, the Individuals with Disabilities Education Act (20 U.S.C. § 1400 et seq.), or the state board's rules for English as a second language programs, that are documented in a written plan and provided in accordance with § 49-1-229, § 49-10-108, the Individuals with Disabilities Education Act (20 U.S.C. § 1400 et seq.), or the state board's rules for English as a second language programs, as applicable, and that are established and categorized into ten (10) levels by the department, as provided in the department's rules, based on the level of additional resources necessary to manage the unique learning need. “Unique learning needs” include, but are not limited to, disabilities, characteristics of dyslexia, giftedness, or limited English proficiency. A student may have multiple unique learning needs, including multiple unique learning needs of different levels or of the same level; and
24. (24) “Weighted allocation” means an allocation in addition to the base funding amount for a student that is expressed as a percentage of the base funding amount.

11 Backlinks

§ 49-3-105. Base funding — Weighted allocations — Direct allocations.

(a) Each student generates a funding allocation that includes the following:
1. (1) The base funding amount;
  3 Backlinks
2. (2) Weighted allocations for which the individual student satisfies the criteria established in subsection (b); and
3. (3) Direct allocations for which the individual student satisfies the criteria established in subsection (c).
  1 Backlink
  - 49-3-109(a)(2)(A)
(b) A student generates weighted allocations, none of which is mutually exclusive of another, as follows:
1. (1) The weighted allocation for a student who is economically disadvantaged is twenty-five percent (25%);
2. (2) The weighted allocation for a student who experiences concentrated poverty is five percent (5%);
3. (3) The weighted allocation for a student who resides in a small district is five percent (5%);
4. (4) The weighted allocation for a student who resides in a sparse district is five percent (5%); and
5. (5) The department shall establish and categorize unique learning needs into ten (10) levels by rule based on the additional resources required to support each unique learning need. Before the department categorizes unique learning needs by rule, the department shall submit the proposed categorizations to the state board. The state board shall issue a positive, neutral, or negative recommendation for the proposed categorizations. The state board's recommendation for the proposed categorizations must be included in the filing of the rule with the office of the secretary of state. A student generates a weighted allocation for each of the student's unique learning needs as follows:
  1. (A) The weighted allocation for a level one (1) unique learning need is fifteen percent (15%);
  2. (B) The weighted allocation for a level two (2) unique learning need is twenty percent (20%);
  3. (C) The weighted allocation for a level three (3) unique learning need is forty percent (40%);
  4. (D) The weighted allocation for a level four (4) unique learning need is sixty percent (60%);
  5. (E) The weighted allocation for a level five (5) unique learning need is seventy percent (70%);
  6. (F) The weighted allocation for a level six (6) unique learning need is seventy-five percent (75%);
  7. (G) The weighted allocation for a level seven (7) unique learning need is eighty percent (80%);
  8. (H) The weighted allocation for a level eight (8) unique learning need is one hundred percent (100%);
  9. (I) The weighted allocation for a level nine (9) unique learning need is one-hundred twenty-five percent (125%); and
  10. (J) The weighted allocation for a level ten (10) unique learning need is one-hundred fifty percent (150%).
(c) The department shall promulgate rules in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to set the direct allocation amounts generated pursuant to this subsection (c). Before the department begins the rulemaking process, the department shall submit the proposed direct allocation amounts to the state board. The state board shall issue a positive, neutral, or negative recommendation for the proposed direct allocation amounts. The state board's recommendation for the proposed direct allocation amounts must be included in the filing of the rule with the office of the secretary of state. Direct allocation amounts are generated for the following students:
1. (1) A rising fourth grade student who is determined to not be proficient in English language arts (ELA) based on the student achieving a performance level rating of “below” or “approaching” on the ELA portion of the student's most recent TCAP test;
2. (2)
  1. (A) A student assigned to the first year of a level one (1) career and technical program;
  2. (B) A student assigned to the second year of a level one (1) career and technical program;
  3. (C) A student assigned to the third year of a level one (1) career and technical program;
  4. (D) A student assigned to the fourth year of a level one (1) career and technical program;
  5. (E) A student assigned to the first year of a level two (2) career and technical program;
  6. (F) A student assigned to the second year of a level two (2) career and technical program;
  7. (G) A student assigned to the third year of a level two (2) career and technical program;
  8. (H) A student assigned to the fourth year of a level two (2) career and technical program;
  9. (I) A student assigned to the first year of a level three (3) career and technical program;
  10. (J) A student assigned to the second year of a level three (3) career and technical program;
  11. (K) A student assigned to the third year of a level three (3) career and technical program; and
  12. (L) A student assigned to the fourth year of a level three (3) career and technical program;
3. (3)
  1. (A) A junior or senior in high school who has not previously taken a postsecondary readiness assessment; and
  2. (B) A junior or senior in high school who has previously taken a postsecondary readiness assessment, but only once;
4. (4) A student in any of the grades kindergarten through three (K-3); and
5. (5) A student who attends a public charter school.
(d) The funding that a student generates pursuant to this section must be administered and allocated by the department to the LEA in which the student is a member for the duration of the student's membership in the LEA, except that the funding a student generates pursuant to subdivision (c)(3) shall not be allocated to the LEA, but must be maintained by the department. A student's membership in an LEA begins on the first day of the student's membership and ends on the last day of the student's membership in the LEA, except that the membership of a student who graduates early is extended to the student's expected graduation date for funding purposes.
(e) A portion of any annual increase in the base funding amount may be restricted by act of the general assembly for the sole purpose of providing salary increases to existing educators. If a portion of an annual increase in the base funding amount is restricted pursuant to this subsection (e), then an LEA or public charter school must use the portion restricted to provide salary increases to existing educators. The state board shall increase the minimum salary on the state salary schedule, as appropriate, based on the amount of funds restricted for salary increases, if any.
(f) Funding allocations made pursuant to this section are based on data collected for an LEA during the immediately preceding school year.

4 Backlinks

§ 49-3-106. Student outcome incentives.

(a) Subject to available appropriations, the department shall allocate student-generated outcome incentive dollars to an LEA based on the achievement of member students in the LEA's public schools.
(b) An LEA may receive student-generated outcome incentive dollars if the member students in the LEA's public schools achieve the outcome goals established by the department. The department shall establish outcome goals by rule in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Before the department begins the rulemaking process, the department shall submit the proposed outcome goals to the state board. The state board shall issue a positive, neutral, or negative recommendation for the proposed outcome goals. The state board's recommendation for the proposed outcome goals must be included in the filing of the rule with the office of the secretary of state.
(c) The department shall allocate available appropriations for student-generated outcome incentive dollars to LEAs in direct proportion to the number of outcome incentive dollars generated by students who are members in each of the LEA's public schools, relative to the total number of outcome incentive dollars generated by all Tennessee public school students.
(d) Funding allocations made pursuant to subsections (a)-(c) are based on the data collected for the LEA during the immediately preceding school year.
(e) Funds allocated pursuant to this part that remain unexpended at the end of a fiscal year shall not revert to the general fund but must be used to supplement future allocations of outcome incentive dollars pursuant to this section.
(f) The commissioner shall convene a group of individuals with relevant experience or expertise to advise the commissioner regarding outcome incentive dollars and outcome goals. The group must consist of:
1. (1) Three (3) directors of schools, one (1) selected from an LEA 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;
2. (2) One (1) teacher;
3. (3) The chair of the:
  1. (A) Education committee of the senate;
  2. (B) Education administration committee of the house of representatives; and
  3. (C) Education instruction committee of the house of representatives;
4. (4) The chair of the state board of education;
5. (5) One (1) parent of a student enrolled in a Tennessee public school;
6. (6) One (1) resident of this state;
7. (7) One (1) private business leader in this state; and
8. (8) One (1) member of a local school board.

2 Backlinks

§ 49-3-107. Fast-growth stipends.

(a) Subject to available appropriations, stipends must be allocated pursuant to this section. Funds appropriated for the purposes of this section must first be allocated pursuant to subsection (b). If the funds appropriated for the purposes of this section exceed the amount required to fund stipends pursuant to subsection (b), then the excess funds must next be allocated pursuant to subsection (c). If the funds appropriated for the purposes of this section exceed the amount required to fund stipends pursuant to subsections (b) and (c), then the percentage in subsection (b) may be lowered to ensure that all funds appropriated are allocated and disbursed to LEAs.
(b) An LEA that experiences growth in the total allocation generated by students in non-virtual schools in the LEA pursuant to § 49-3-105 in the current year in excess of one and one-quarter percent (1.25%), as compared to the prior year, is eligible for a fast-growth stipend equal to the increase in allocations in excess of one and one-quarter percent (1.25%). If the funds appropriated for purposes of this section are insufficient to provide for an LEA's fast-growth stipend, then the commissioner shall apply a pro rata reduction to the stipend amount each LEA is otherwise eligible to receive.
(c) Subject to available appropriations, an LEA that experiences ADM growth in non-virtual schools exceeding two percent (2%) for each year of a three-consecutive-year period is eligible for an infrastructure stipend. The infrastructure stipend is a per-student flat dollar amount based on the number of member students in non-virtual schools in the LEA for the current school year in excess of a two percent (2%) ADM growth in non-virtual schools from the prior year. An infrastructure stipend in a given year must be uniform for all eligible LEAs.

5 Backlinks

§ 49-3-108. Distribution of funds.

(a) The commissioner and each local government shall distribute allocated education funding periodically throughout the school year according to a schedule established by the commissioners of education and finance and administration, subject to all applicable restrictions prescribed by law.
(b)
1. (1) If, during the first year of implementation of the TISA, an LEA's allocated TISA funds total less than the LEA's baseline funding amount, then the department shall allocate additional funds to the LEA in an amount equal to one hundred percent (100%) of the difference between the LEA's baseline funding amount and the LEA's allocated TISA amount.
2. (2) If an LEA was eligible for additional funds under subdivision (b)(1), and if, during the second year of implementation of the TISA, the LEA's allocated TISA funds total less than the LEA's baseline funding amount, then the department shall allocate additional funds to the LEA in an amount equal to seventy-five percent (75%) of the difference between the LEA's baseline funding amount and the LEA's allocated TISA amount.
3. (3) If an LEA was eligible for additional funds under subdivisions (b)(1) and (b)(2), and if, during the third year of implementation of the TISA, the LEA's allocated TISA funds total less than the LEA's baseline funding amount, then the department shall allocate additional funds to the LEA in an amount equal to fifty percent (50%) of the difference between the LEA's baseline funding amount and the LEA's allocated TISA amount.
4. (4) If an LEA was eligible for additional funds under subdivisions (b)(1)-(3), and if, during the fourth year of implementation of the TISA, the LEA's allocated TISA funds total less than the LEA's baseline funding amount, then the department shall allocate additional funds to the LEA in an amount equal to twenty-five percent (25%) of the difference between the LEA's baseline funding amount and the LEA's allocated TISA amount.
(c) An LEA's allocated education funding shall not decrease more than five percent (5%) from one (1) year to the next year. If an LEA's TISA allocation decreases by more than five percent (5%) from the LEA's TISA allocation for the prior school year, then the department shall allocate additional funds to the LEA in an amount such that the decrease in the LEA's TISA allocation for the current year is only five percent (5%), except that the department shall not allocate additional funds to an LEA pursuant to this subsection (c) if the department is required to allocate additional funds to the LEA pursuant to subsection (b).
(d)
1. (1)
  1. (A) Subject to available appropriations, the department shall distribute a grant to an LEA that:
    1. (i) Is located within a county designated as distressed or at risk by the commissioner of economic and community development and for which the LEA's fiscal capacity and local contribution increase the LEA's maintenance of effort requirements pursuant to § 49-3-314(c)(3)(A); or
    2. (ii) Is located within a county having an active tourism development zone agreement executed before July 1, 2023, and having a population of not less than ninety-eight thousand three hundred (98,300) nor more than ninety-eight thousand four hundred (98,400), according to the 2020 federal census or any subsequent federal census.
  2. (B) An LEA that satisfies the criteria of subdivisions (d)(1)(A)(i) and (d)(1)(A)(ii) may receive multiple grants.
2. (2) Subject to available appropriations, the department shall distribute a cost differential factor (CDF) grant to an LEA located in a county in which the cost of living is greater than the statewide average. An LEA is eligible for a CDF grant if the LEA is located in a county for which the ratio between the county's non-governmental wages and the statewide non-governmental wages is greater than one (1), as calculated by the Boyd Center for Business and Economic Research at the University of Tennessee. The department shall determine the amount of a grant awarded to an eligible LEA pursuant to this subdivision (d)(2).
(e) Before a full and complete settlement is made with an LEA, the LEA must file all required records and reports with the commissioner.
(f) Notwithstanding § 49-3-105, if state funds available for distribution are insufficient to meet an LEA's TISA allocation for a school year, then the commissioner shall apply a pro rata reduction to the amount that each LEA is allocated.
(g) If the action prescribed in subsection (f) is necessary, then the commissioner, with the approval of the state board, may waive any requirements prescribed by law, rule, or otherwise until the state provides the required funding; provided, however, that the commissioner shall not waive the regulatory or statutory requirements listed in § 49-1-201(d)(1)(A)-(O).
(h) If a local government fails to include the local contribution in the local government's budget, then the comptroller of the treasury shall not approve the local government's budget.
1 Backlink
- 49-3-103(d)(4)

1 Backlink

49-3-104(9)

§ 49-3-109. State and local contributions — Determination of fiscal capacity.

(a) The state shall provide:
1. (1) Seventy percent (70%) of the total funding allocation that students generate pursuant to § 49-3-105(a)(1) and (a)(2); and
2. (2) One hundred percent (100%) of:
  1. (A) The total funding allocation that students generate pursuant to § 49-3-105(a)(3);
  2. (B) The total funding allocation that students generate pursuant to § 49-3-106; and
  3. (C) The total funding allocated pursuant to § 49-3-107.
(b) The local share, which must be paid with local government funds, is the remaining thirty percent (30%) of the total funding allocation that students funded by a local government generate pursuant to § 49-3-105(a)(1) and (a)(2).
(c) Each county's fiscal capacity must be determined pursuant to the fiscal capacity calculation no later than May 1 immediately preceding the school year for which students generate the total funding allocation. The annual fiscal capacity calculation, including the underlying data and the determination for each county, must be reported publicly. The fiscal capacity of a county for a school year shall not be revised after its fiscal capacity has been determined for that school year.
(d) A county's local contribution is calculated by multiplying the county's fiscal capacity by the local share. Each local government's local contribution must be proportional to the funding allocation that students generate in the local government's jurisdiction pursuant to § 49-3-105(a)(1) and (a)(2).
(e) The intent of the general assembly is to provide funding on a fair and equitable basis by recognizing the differences in the ability of local jurisdictions to raise local revenues.
(f) If a local government fails to approve a budget that includes the local government's local contribution and maintenance of effort obligations by October 1, then the commissioner shall not distribute TISA funds to the LEA until the local government approves a budget that includes such obligations.
(g) This part and § 49-3-314(c) establish the minimum education funding that a local government must contribute. This part does not prohibit or limit a local government from contributing more than the local contribution required in subsection (b).

1 Backlink

49-3-102(c)

§ 49-3-110. Professional development requirements.

(a) The department shall create or procure, and make available at no cost to participants, a professional development series on the TISA. The series must include, at a minimum, an in-depth explanation of the TISA and the TISA guide, instruction on how to budget to increase student achievement, instruction on how to connect student achievement with investments in education, and instruction on how to hold decision-makers accountable for funding decisions. The department shall make the professional development series on the TISA available to the following individuals, upon their request:
1. (1) Directors of schools;
2. (2) School board members;
3. (3) Members of a public charter school governing body;
4. (4) Members and the executive director of the state board;
5. (5) Members and the executive director of the Tennessee public charter school commission; and
6. (6) Employees of an LEA, public charter school, the department, the state board, or the Tennessee public charter school commission who are responsible for developing, reviewing, or otherwise assisting the LEA, school, or state agency with its annual education budget.
(b) The department shall create or procure, and make available at no cost to participants, a professional development series for LEA and public charter school employees that is tailored to the professional duties of various types of employees and includes an overview of the TISA and best practices for how an employee can maximize budget investments to increase student achievement through the employee's work. The professional development series must be available no later than January 1, 2023.
(c) A professional development series created or procured pursuant to this section may be provided to participants virtually or in person at the discretion of the department. The department shall make all instructional materials used as part of the series publicly available on the department's website.
(d) The department shall procure any good or service selected or approved by the department to effectuate this section 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 section 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).

1 Backlink

49-3-114(c)(3)

§ 49-3-111. TISA reporting.

(a) Each LEA must have the opportunity to provide feedback and recommendations regarding the TISA to the department and the comptroller of the treasury, on a template prescribed by the department, by November 1, 2024, and each November 1 thereafter.
(b) By January 15, 2025, and each January 15 thereafter, the department shall deliver a TISA report to the members of the general assembly that contains, at a minimum:
1. (1) An academic analysis of each LEA;
2. (2) The accountability report cards for each LEA;
3. (3) An executive summary of the feedback and recommendations provided by LEAs pursuant to subsection (a); and
4. (4) Reviews of the TISA by relevant experts, including a cost review and recommendations.
(c) The department shall make the report generated pursuant to subsection (b) publicly available on the department's website.
(d) The comptroller of the treasury, through the comptroller's office of research and education accountability, shall review and study the TISA to determine the effectiveness of state expenditures on kindergarten through grade twelve (K-12) education. By December 31, 2024, the comptroller shall report the conclusions of the study and any legislative recommendations to the speakers of the senate and house of representatives and to the members of the education committee of the senate and the education administration committee of the house of representatives.

§ 49-3-112. Accountability requirements.

(a) Each local education agency shall produce an accountability report that:
1. (1) Establishes goals for student achievement, including the goal of seventy percent (70%) of the LEA's students in third grade taking the English language arts (ELA) portion of the Tennessee comprehensive assessment program (TCAP) tests achieving a performance level rating of “on track” or “mastered” on the ELA portion of the TCAP tests, in the current school year and explains how the goals can be met within the LEA's budget; and
2. (2) Describes how the LEA's budget and expenditures for prior school years enabled the LEA to make progress toward the student achievement goals established for the prior school years; provided, however, that this subdivision (a)(2) does not apply to the report submitted for the 2023-2024 school year.
1 Backlink
- 49-3-114(c)(2)
(b) The report required in this section must be presented to the public for comment before the report is submitted to the department. The report required by this section must be submitted to the department by November 1, 2023, and each November 1 thereafter.
(c)
1. (1) Beginning with the 2024-2025 school year:
  1. (A) An LEA that operates a public school that receives a “D” or “F” letter grade pursuant to § 49-1-228, or a public charter school that receives a “D” or “F” letter grade pursuant to § 49-1-228 and the public charter school's authorizer, may be required to appear for a hearing before the state board, or a committee of the state board appointed by the chair of the state board, to report on the public school's performance and how the LEA's or public charter school's spending decisions may have affected the ability of the LEA's public schools or the public charter school to achieve certain performance goals. At the conclusion of a hearing conducted pursuant to this subdivision (c)(1)(A), the board may recommend that the department impose one (1) of the corrective actions identified in subdivision (c)(2)(B); and
  2. (B) The department may impose one (1) of the following corrective actions for a public charter school or an LEA that operates a public school that receives a “D” or “F” letter grade pursuant to § 49-1-228:
    1. (i) Require the LEA or public charter school to develop, submit to the department for approval, and implement a corrective action plan consistent with a corrective action plan template developed by the department. The department shall report on the LEA's or public charter school's implementation of the corrective action plan to the state board; or
    2. (ii) Require the department to audit and investigate the LEA's or public charter school's academic programming and spending. The department shall report the outcomes of the audit and investigation to the state board.
2. (2) The state board shall promulgate rules to effectuate this subsection (c) in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
3. (3) The department shall provide information requested by the state board by the date specified by the state board, to assist the state board in making the determinations necessary for purposes of this subsection (c).
(d) The department shall apportion the costs of implementing a corrective action imposed pursuant to subdivision (c)(1)(B) between the department and the LEA or public charter school on a case-by-case basis, subject to the approval of the state board.

§ 49-3-113. TISA review committee.

Beginning on January 1, 2026, the state board shall establish a review committee for the TISA. The committee must be comprised of the executive director of the state board, the commissioner of education, the commissioner of finance and administration, the comptroller of the treasury, the director of the Tennessee advisory commission on intergovernmental relations, the chair of the education committee of the senate, the chair of the education administration committee of the house of representatives, and the director of the office of legislative budget analysis, or the director's designee. The state board shall appoint at least one (1) member from each of the following groups to serve on the TISA review committee: teachers, school boards, directors of schools, county governments, municipal governments that operate LEAs, finance directors of urban school systems, finance directors of suburban school systems, and finance directors of rural school systems. The TISA review committee shall meet at least four (4) times per year and shall regularly review the TISA base funding, weighted allocations, direct allocations, and outcome incentive dollars, as well as identify any needed revisions, additions, or deletions to the TISA. The TISA review committee shall prepare an annual report on the TISA and shall provide the report, on or before November 1 of each year, to the governor, the state board of education, the finance, ways and means committees of the senate and the house of representatives, the education committee of the senate, and the education administration committee of the house of representatives. The report must include recommendations on needed revisions, additions, and deletions to the TISA, as well as an analysis of instructional salary disparity among LEAs, including an analysis of disparity in benefits and other compensation among LEAs.

§ 49-3-114. Progress review board.

(a) Beginning on July 1, 2023, there is created a progress review board. The progress review board consists of:
1. (1) The commissioner of education;
2. (2) The chair of the state board of education;
3. (3) Two (2) members appointed by the speaker of the senate; and
4. (4) Two (2) members appointed by the speaker of the house of representatives.
(b) Appointed members of the progress review board serve a term of two (2) years. If a member no longer meets the qualifications for the member's position on the board, then the member's position on the board is vacated.
(c)
1. (1) The board shall set an LEA's minimum goal to increase the LEA's third grade student-performance level rating of “on track” or “mastered” on the English language arts (ELA) portion of the Tennessee comprehensive assessment program (TCAP) tests by fifteen percent (15%) of the gap to seventy percent (70%) proficient in three (3) years, beginning with the results of the 2022-2023 TCAP tests; provided, that this subdivision (c)(1) does not apply to an LEA with seventy percent (70%) or more of the third grade students in the LEA achieving a performance level of “on track” or “mastered” on the ELA portion of the TCAP tests. The board shall notify each LEA of the goal established pursuant to this subdivision (c)(1).
2. (2) The board shall annually review each accountability report submitted pursuant to § 49-3-112(a) to determine if an LEA is taking the proper steps to achieve the goal established pursuant to subdivision (c)(1).
3. (3) If, at the end of a three-year period as described in subdivision (c)(1), the board verifies that an LEA does not meet a goal established pursuant to subdivision (c)(1), then the board shall determine if further action is necessary based upon whether the LEA is taking the proper steps to achieve the goal as reviewed pursuant to subdivision (c)(2). If the board determines further action is necessary, then the board shall recommend that the commissioner of education require the LEA to complete training in addition to the requirements of § 49-3-110 on how to budget to increase student achievement based upon the goal set pursuant to subdivision (c)(1). If the board makes a recommendation described in this subdivision (c)(3), then the commissioner may require the LEA to complete training in addition to the training required in § 49-3-110.

§ 49-3-115. Rulemaking authority.

(a) The department may promulgate rules to effectuate this part. The rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(b) Before the department begins the rulemaking process for a rule promulgated to effectuate this part, the department shall submit the department's proposed rule to the state board. The state board shall issue a positive, neutral, or negative recommendation for the rule. The state board's recommendation for the rule must be included in the filing of the rule with the office of the secretary of state.

Part 2 Administration of Federal Funds

§ 49-3-201. General provisions.

(a) In case the United States congress enacts any legislation of any character making grants of public moneys to the states for the purpose of promoting the cause of public education, the department of education is designated as the authority to accept and administer the funds.
(b) Nothing in this section interferes with the allocation and administration of federal funds specifically appropriated to institutions of higher education, or for specific purposes; provided, that the funds are allocated and administered in accordance with applicable federal law.
(c) In case federal legislation makes funds available for public schools, for extended services of public schools, or for providing local and state supervisory services for public schools, or in case funds are made available through federal legislation previously passed for public schools, the department of education is authorized to accept and administer these funds according to the applicable federal law.

§ 49-3-202. Refusal of federal funding by local board.

(a) A local board of education, by the adoption of a resolution, may refuse to accept federal funding for any education program without a penalty being assessed by any state agency or state official, unless refusal of such funding would cause a loss of federal funding for all participating LEAs in the program.
(b) A local board of education shall notify the department that the local board intends to refuse to accept federal funding before the local board acts to refuse the funding.

Part 3 Education Finance

§ 49-3-301. [Repealed]

§ 49-3-302. Part definitions.

As used in this part, unless the context otherwise requires:
1. (1) “Average daily attendance” or “ADA” means the aggregate days' attendance of a given school during a given reporting period divided by the number of days school is in session during this period as provided in the rules and regulations of the state board;
2. (2) “Average daily membership” or “ADM” has the same meaning as defined in § 49-3-104;
3. (3) [Deleted by 2022 amendment.]
4. (4) “Board” means the board of education of any LEA;
5. (5) “Commissioner” means the commissioner of education;
6. (6) “Contact hour” means an hour of student time that is supervised by licensed personnel;
7. (7) “Cost differential” means that factor establishing a rate of reimbursement for a program relative to the reimbursement of one (1) FTEADA in grades four through six (4-6) as established in § 49-3-306(g)(1);
8. (8) “Full-time equivalent” or “FTE” means the total number of contact hours in attendance in a program during one (1) school week divided by the number of hours required for a school week as established by the state board for kindergarten through grade twelve (K-12) in an LEA;
9. (9) “Full-time equivalent average daily attendance” or “FTEADA” means the average of the aggregated FTEs in attendance in one (1) program during the given reporting periods;
10. (10) “Licensed personnel” means any person employed by an LEA and for whom licensure is required as a condition of employment by law;
11. (11) “Local education agency” or “LEA” has the same meaning as defined in § 49-3-104;
12. (12) “Rules and regulations” means those rules and regulations that the state board may adopt for the administration of this part;
13. (13) “State board” means the state board of education;
14. (14) “State education agency” or “SEA” means the department of education;
15. (15) “State salary schedule” means the salary schedule adopted by the state board for licensed personnel, which is based on training and experience;
16. (16) “State training and experience factor” means the average training and experience of all licensed personnel in the state based upon the table of training and experience factors adopted by the state board;
17. (17) “Tennessee investment in student achievement formula” or “TISA” has the same meaning as defined in § 49-3-104;
18. (18) “Training and experience factor” means the average training and experience of all licensed personnel in each LEA based upon the table of training and experience factors adopted by the state board;
19. (19) “Weighted full-time equivalent average daily attendance” or “WFTEADA” means one (1) full-time equivalent average daily attendance multiplied by the cost differential for a program; and
20. (20) “Weighted identified and served student with a disability” means one (1) identified and served student with a disability multiplied by the cost differential for special education.

4 Backlinks

§ 49-3-303. [Repealed]

§ 49-3-304. [Repealed]

§ 49-3-305. [Repealed]

§ 49-3-306. State salary schedule — Computation — Pay supplement — Licensed personnel salaries.

(a)
1. (1) The commissioner, as approved by the state board of education, shall annually formulate a table of training and experience factors and a state salary schedule to be effective for each school year, which shall be applicable to all licensed personnel in every LEA, and which shall include an established base salary per school year consisting of a term of two hundred (200) days for beginning licensed personnel with a bachelor's degree and zero (0) years of experience. Licensed personnel having more training and experience shall receive more than the established base per school year. Certified personnel having less training and experience shall receive less than the established base per school year. The salary schedule shall not be applicable to substitute personnel. In the alternative, an LEA may submit to the commissioner its own proposed salary schedule, subject to collective bargaining where applicable. Implementation of such a salary schedule shall be subject to approval by the commissioner and the state board. In no case shall a salary schedule adopted pursuant to this subdivision (a)(1) result in the reduction of the salary of a teacher employed by the LEA at the time of the adoption of the salary schedule. Any additional expenditure incurred as a result of any such salary schedule shall be subject to appropriation by the governing body empowered to appropriate the funds.
2. (2) An LEA may adopt a salary schedule that is identical in either structure or designated salary levels or both to the salary schedule the LEA had in place during the 2012-2013 school year, with such schedule containing steps for each year of service up to and including twenty (20) years and for the attainment of advanced degrees at the level of masters, masters plus forty-five (45) hours of graduate credit, specialist in education and doctor of education or doctor of philosophy. In no case shall a salary schedule adopted pursuant to this subdivision (a)(1)(B) result in the reduction of the salary of a teacher employed by the LEA at the time of the adoption of the salary schedule.
3. (3) The state salary schedule for teachers formulated by the commissioner pursuant to subdivision (a)(1) must establish a base salary that is no less than:
  1. (A) Forty-two thousand dollars ($42,000) for the 2023-2024 school year;
  2. (B) Forty-four thousand five hundred dollars ($44,500) for the 2024-2025 school year;
  3. (C) Forty-seven thousand dollars ($47,000) for the 2025-2026 school year; and
  4. (D) Fifty thousand dollars ($50,000) for the 2026-2027 school year.
(b)
1. (1) Salaries shall be payable in at least ten (10) monthly installments during any school year.
2. (2) [Deleted by 2022 amendment.]
3. (3) The salary for part-time personnel shall be proportionately less than that provided for full-time personnel.
4. (4) This section does not prohibit an LEA from supplementing salaries and wages with local funds when such supplementary funds are in addition to the LEA's local contribution.
5. (5) An LEA shall not decrease the level of local funding budgeted for salaries and wages from the prior year, except in the case of decreased enrollment. An LEA shall not use increases in state funding to offset local expenditures for salaries and wages.
(c) A board may, with the approval of the commissioner, make such readjustment in the salary of licensed personnel as may be necessary to place the salary in fair relation to the salaries of other licensed personnel in the same LEA with comparable tenure, responsibility, training and experience; except that the affected licensed personnel shall be entitled to a hearing before the board. In computing the salaries required to be maintained by this subsection (c), only the part of the salaries paid under the authority of any LEA need be maintained. No LEA shall be required to supply any decrease in funds formerly available to supplement salaries from other than local sources.
(d) Notwithstanding any other law to the contrary, any board may increase the salaries of its employees at any time during the school year, upon the basis of a new or amended contract, if in so doing it does not exceed its budget as adopted or amended.
(e) Each LEA shall establish a local salary schedule for all licensed personnel in the LEA, and the schedule shall include, as a minimum, the same salary level or levels based upon college preparation as established by the state board in the state salary schedule. For fiscal year 2004-2005, the schedule shall include, as a minimum, the schedule recommended by the commissioner for salary equalization purposes under subdivision (a)(2).
(f) The LEA's training and experience factor shall be calculated by the SEA as follows: by using the table of training and experience factors adopted by the state board, the SEA will classify all licensed personnel employed by the LEA on December 1, or the first full teaching day thereafter, according to training and experience as provided in the rules and regulations and compute the average training and experience factor for such personnel.
(g)
1. (1) Establishment of programs and cost differentials shall be as follows:
  1. (A) Regular academic:
    1. Kindergarten (K) through grade three (3) 1.20
    2. Grades four (4) through six (6) 1.00
    3. Grades seven (7) and eight (8) 1.10
    4. Grade nine (9) 1.20
    5. Grades ten (10) through twelve (12) 1.30
  2. (B) Career and technical education:
    1. Agriculture 2.62
    2. Consumer and homemaking, health occupations 2.10
    3. Trade and industrial 2.48
    4. Related trade and industrial 1.84
    5. Office and distributive education 2.04
  3. (C) Special education:
    1. Identified and served handicapped 1.07
  1 Backlink
  - 49-3-302(7)
2. (2) Identified and served students with a disability shall be included in the program attendance surveys in the appropriate regular academic and career and technical education programs as provided in the rules and regulations. The special education cost differential is supplemental to the regular academic and career and technical education programs and is based on the preceding year's identified and served students with a disability.
3. (3) This table of programs and cost differentials shall apply to educational programs as of the opening of schools for the 1977-1978 school year. At its quarterly meeting in February 1978, and annually thereafter, the state board, as approved by the commissioner, shall establish both the education programs and the cost differentials of the programs applicable to the following school year, which may vary from the table in this subsection (g).
(h) Notwithstanding any other provision of this section to the contrary, an LEA shall develop, adopt and implement a differentiated pay plan under guidelines and rules established by the state board of education to aid in staffing hard to staff subject areas and schools and in hiring and retaining highly qualified teachers. The plan shall be reviewed and evaluated annually to consider any change in circumstances regarding the hiring and retention of highly qualified teachers in the LEA's schools and subjects taught or any necessary revision or restructuring of the plan. No plan or revised plan shall be implemented prior to approval of the plan by the department of education. Each LEA shall implement a differentiated pay plan prior to the beginning of the 2008-2009 school year.

1 Backlink

49-1-302(a)(15)

§ 49-3-307. [Repealed]

§ 49-3-308. Allocation of funds by LEA to educational facility — Prorated daily basis for student's length of stay.

(a) As used in this section, “educational facility” or “facility” means:
1. (1) A facility that operates as a Category I special purpose school pursuant to state board of education rules;
2. (2) The facility provides a minimum of thirty-two (32) hours per week of educational instructional services to students admitted pursuant to this section; and
3. (3) The facility is a recipient of a juvenile justice prevention grant.
(b) An LEA shall allocate funding to an educational facility in an amount equal to the per pupil state and local funds received by the LEA on a prorated daily basis for the student's length of stay; provided, that:
1. (1) The student admitted to the facility was enrolled in an LEA in the academic year immediately preceding admission to the facility and is enrolled at the time of admittance;
2. (2) The student is admitted to the facility under a signed, written order of a qualified juvenile judge or magistrate of a juvenile court in this state, such order being based upon the juvenile judge or magistrate of a juvenile court's assessment that admittance is in the best interest of the student and the community; and
3. (3) The student is not in the custody of the department of children's services.
(c) An LEA may require a juvenile court order including the student's name, the dates of admission, and the signature of the juvenile judge or the magistrate of the juvenile court to be submitted to the LEA prior to disbursement of funds to the facility.
(d) The funding specified in subsection (b) shall be in addition to funds allocated pursuant to federal law and regulation, including, but not limited to, Title I and ESEA funds.
(e) This section shall not be used or construed to circumvent the requirements of Individuals with Disabilities Education Act (IDEA) (20 U.S.C. §§ 1400 – 1482).
(f) The state board of education shall promulgate rules that provide for the determination of the allocation of funding as provided in this section. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

§ 49-3-309. [Repealed]

§ 49-3-310. Textbooks and other instructional materials.

Textbooks and other instructional materials purchased by LEAs and public charter schools using state school funds are subject to the following minimum amounts and conditions:
1. (1)
  1. (A) It is the legislative intent that the board shall purchase the necessary textbooks, instructional materials and kindergarten materials early enough that the students shall have the textbooks, instructional materials and kindergarten materials available to them when the schools open. The board shall furnish the textbooks and instructional materials that are listed by the state textbook and instructional materials quality commission for adoption and that have been adopted by the board as are required for the use of students by the board;
  2. (B) All textbooks and instructional materials purchased with state school funds under this section are, and shall remain, the property of the board purchasing them. The board shall establish policies it deems necessary for the care and protection of its textbooks and instructional materials. The policies may include any of the following sanctions against a pupil who fails or refuses to pay for a lost or damaged textbook and instructional materials at the replacement cost less reasonable depreciation:
    1. (i) Refusal to issue any additional textbooks and instructional materials until restitution is made;
    2. (ii) Withholding of all grade cards, diplomas, certificates of progress or transcripts until restitution is made;
    3. (iii) Not allowing the pupil to take interim or final examinations or to earn course credit in the course for which the textbook and instructional materials are prescribed until restitution is made; or
    4. (iv) Reducing the pupil's grade in the course for which the textbook and instructional materials are prescribed by one (1) letter grade or ten (10) percentage points until restitution is made;
  3. (C) No board of education of any public school system shall require any pupil or parent to purchase any textbook or instructional materials except in cases where the pupil or parent damages, loses or defaces the textbook or instructional materials either through willful intent or neglect. Nothing in this section shall prohibit any pupil or parent from voluntarily purchasing textbooks and instructional materials. The commissioner may collect from LEAs the data needed to administer this section effectively;
2. (2) For the purpose of this part or chapter 6, part 22 of this title, “textbook and instructional materials” mean any medium or manual of instruction that contains a systematic presentation of the principles of a subject and that constitutes a major instructional vehicle for that subject;
3. (3) An LEA may purchase technology using state school funds under this section in a school year immediately following a textbook adoption cycle in which the state textbook and instructional materials quality commission did not list or recommend career and technical education textbooks or instructional materials. An LEA may use any remaining funds under this section after the purchase of career and technical education textbooks or instructional materials to purchase technology.

§ 49-3-311. Capital outlay.

The state board shall establish minimum standards for school sites, including locations, school attendance centers, the construction of buildings for school purposes, the remodeling or renovation of buildings for school purposes of a capital outlay nature and for equipment for buildings for school purposes. No board shall obligate or expend any state or local school funds for any project of a capital outlay nature that does not conform to the standards adopted by the state board as authorized in this section.

§ 49-3-312. Substitute teachers.

(a) A substitute teacher substituting for a regular teacher on leave authorized for a period not exceeding twenty (20) consecutive teaching days is not required to possess a teacher's license.
(b) A substitute teacher who is a retired teacher is not required to continue to renew the teacher's license in order to work as a substitute teacher. The rate of compensation for a retired teacher without an active teaching license must not be less than the rate of compensation set by the LEA for a retired teacher with an active teaching license. This subsection (b) only applies to retired teachers who retired after July 1, 2011 through July 1, 2016.

§ 49-3-313. School lunch program.

(a) The state matching funds for the school lunch program, as defined in this section, shall be distributed to every participating LEA.
(b) Appropriations for the school lunch program shall be used as matching requirements prescribed by Public Law 91-248 (42 U.S.C. § 1752 et seq.), for disbursement to LEAs for lunches that meet national nutritional requirements as prescribed by the United States department of agriculture and as approved by the commissioner, served to eligible children in all grades that are approved to participate in the national school lunch program.
(c) The amount so disbursed shall not exceed the required matching amount as prescribed by Public Law 91-248.
(d) The state matching funds shall be distributed only to a participating LEA that is in compliance with the Tennessee School Nutrition Standards Act, compiled in chapter 6, part 23 of this title.
(e) At least ten percent (10%) of the state matching funds distributed to a participating LEA shall be applied to the costs of one (1) or more of the following:
1. (1) Employment of a certified school food service supervisor;
2. (2) Employment of cafeteria managers or assistant managers accredited by the Tennessee School Food Service Association or working toward that accreditation; or
3. (3) Professional training programs for nonaccredited personnel.

§ 49-3-314. Conditions and requirements for LEA to receive state education finance funds.

(a) [Deleted by 2022 amendment.]
(b) [Deleted by 2022 amendment.]
(c)
1. (1) In order for any LEA to receive state education finance funds as set forth in part 1 of this chapter, the system shall meet the conditions and requirements set out in subdivisions (c)(2) and (3). In order to enforce those conditions and requirements, the commissioner may, in the commissioner's discretion, withhold a portion or all of the state education finance funds that the LEA is otherwise eligible to receive.
2. (2) No LEA shall use state funds to supplant total local current operating funds, excluding capital outlay and debt service. This subdivision (c)(2) shall not apply to a newly created LEA in any county where the county and city schools are being combined for a period of three (3) years after the creation of the LEA.
3. (3)
  1. (A) Notwithstanding any other law to the contrary, for fiscal year 1992-1993 and any subsequent fiscal year, if state funding to the county for education is less than state funding to the county for education during the previous fiscal year, except that a reduction in funding based on fewer students in the county rather than actual funding cuts shall not be considered a reduction in funding for purposes of this subdivision (c)(3)(A), local funds that were appropriated and allocated to offset state funding reductions during any previous fiscal year are excluded from this maintenance of local funding effort requirement.
    1 Backlink
    
    49-3-108(d)(1)(A)(i)
  2. (B) It is the intent of subdivision (c)(3)(A) to allow local governments the option to appropriate and allocate funds to make up for state cuts without being subject to a continuation of funding effort requirement as to those funds for any year during which the state reinstates the funding, or restores the previous cuts, and during any subsequent year should the state fail to restore the funding cuts.
4. (4)
  1. (A) Notwithstanding any other law to the contrary, if, in any fiscal year, a local government appropriates funds for education for nonrecurring expenditures, including nonrecurring funds for priority schools, evidenced by a written agreement with the LEA establishing the nonrecurring use of the funds, then such funds must be excluded from the maintenance of local funding requirement and from any apportionment requirement under § 49-3-315(a). Before any such agreement takes effect, it must be reviewed by the department of education to ensure the nonrecurring nature of the expenditures.
  2. (B) If, pursuant to subdivision (c)(4)(A), a local government appropriates nonrecurring funds for priority schools, evidenced by a written agreement with the LEA establishing the nonrecurring use of the funds, then such funds must be excluded from the maintenance of local funding requirement and from any apportionment requirement under § 49-3-315(a) for each year that the school is identified as a priority school plus one (1) additional year. Before any such agreement takes effect, it must be reviewed by the department of education to ensure the nonrecurring nature of the expenditures.
1 Backlink
- 49-3-109(g)

1 Backlink

49-6-107(c)

§ 49-3-315. Local tax levy — Special transportation tax levy and fund.

(a) For each LEA there shall be levied for current operation and maintenance not more than one (1) school tax for all grades included in the LEA. Each LEA shall place in one (1) separate school fund all school revenues for current school operation purposes received from the state, county and other political subdivisions, if any. However, any county in which only one (1) pupil transportation system is operated, and that has within its borders a city or special district operating a system of public schools and which county in the current school year operates a system of public school transportation, may levy a special tax to cover that portion of the total cost of the public school transportation system that is in excess of the state funds generated for student transportation of the county. The proceeds of the special transportation tax levy shall be set up in a special account to be known as the public school pupil transportation fund and shall be disbursed on order of the county board for public school transportation services only. Any county that elects to operate a public transportation fund may elect to apportion transportation funds for public school transportation service to a city or special district operating a system of public schools within the county. This election must be approved by the county legislative body and shall remain in effect until specifically rescinded. Apportionment shall thereafter be made without further approval. All school funds for current operation and maintenance purposes collected by any county, except the funds raised by any local special student transportation tax levy as authorized in this subsection (a), shall be apportioned by the county trustee among the LEAs in the county on the basis of the WFTEADA maintained by each, during the current school year. For the purposes of making the apportionment of local school funds as set forth in this subsection (a), and in defining the WFTEADA for the current school year, the county director of schools and the county trustee shall be guided by the following procedure:
1. (1) The county director of schools shall recertify to the county trustee at the end of the first quarter of the current fiscal year the WFTEADA during the preceding school year;
2. (2) During each of the first and second quarters of the current school year, the county trustee shall use the WFTEADA figure for the preceding school year as recertified to the county trustee by the county director of schools in making the tentative apportionments of the school funds as provided for in this subsection (a) during the first and second quarters of the current school year;
3. (3) Before the end of the third quarter of the current school year, the county director of schools shall certify to the county trustee the best estimate the county director of schools can make of the WFTEADA in the schools of the LEAs in the county, during the current school year; and upon this best estimate, the county trustee shall make the tentative apportionments of school funds for the third quarter of the current school year;
4. (4) As early as possible before the close of the current school year, the county director of schools shall certify to the county trustee the correct WFTEADA for the entire current school year; and
5. (5) Thereupon, the county trustee shall apportion the entire amount of county school funds for the current school year in keeping with this subsection (a), on the basis of the correct total WFTEADA during the current school year in the LEAs, making adjustments as may be necessary on account of the tentative apportionments made to the LEAs during the first three (3) quarters of the current school year.
2 Backlinks
- 49-3-314(c)(4)(A)
- 49-3-314(c)(4)(B)
(b)
1. (1) The state school funds distributed under part 1 of this chapter to a county for county schools shall be paid to the county trustee in the amounts as certified under the authority of the commissioner.
2. (2) Such funds for an LEA other than a county LEA shall be distributed directly to the treasurer or proper fiscal agent of the LEA in the amounts as certified under the authority of the commissioner.
3. (3) The county trustee shall be properly bonded as now provided by law; the treasurer or fiscal agent of LEAs, other than a county LEA, shall be bonded in an amount, in the manner and in the form and be conditioned as prescribed by law for county trustees. Immediately upon receipt of a properly executed bond, the office of the county clerk shall notify the commissioner.
(c) Notwithstanding any other law to the contrary, including any requirement of this section, any interest earned on funds that have previously been apportioned to the LEAs within the county is not subject to apportionment.

5 Backlinks

§ 49-3-316. Local fiscal accounting and reporting.

(a)
1. (1) The commissioner, in consultation with the comptroller of the treasury, shall develop, revise as necessary and prescribe a standardized system of financial accounting and reporting for all LEAs, including appropriate forms or other documentation. This system shall be designed to facilitate year-to-year and agency-to-agency comparison, as well as adequately indicating the sources and uses of all funds received by each LEA. The commissioner shall review the fiscal public school records in all LEAs to the end that the expenditure of funds, whether for current operation and maintenance purposes, capital outlay purposes and other school purposes, shall be properly accounted for and safeguarded.
2. (2) Each LEA shall, within thirty (30) days after the beginning of each fiscal year, submit to the commissioner a complete and certified copy of its entire school budget for the current school year.
3. (3) Each LEA shall, on or before October 1 of each year, submit to the commissioner a correct and accurate financial report of the receipts and expenditures for all public school purposes in the LEA during the school year ending on June 30 next preceding the October 1 set forth in this part.
4. (4) Each LEA shall deliver to the commissioner, within ten (10) days of receiving the audit report, a copy of the audit report required by law to be made of the school funds of the LEA.
5. (5) No distribution of state funds shall be made to any LEA that has not furnished the commissioner with all records and reports required by this part and by other laws for the current or the preceding school year.
6. (6) Any records or reports provided to the commissioner by any LEA shall be made available to the comptroller of the treasury upon request.
(b)
1. (1) Each board shall issue school warrants or checks on or before June 30 of each fiscal year, for all contracts and other fiscal transactions for current operation and maintenance purposes for the current school year that have been completed by June 15 of the current school year.
2. (2) Outstanding school warrants and obligations of a preceding school year or years shall not be paid out of either the state education funds for the current school year or the local funds required to be raised during the current fiscal year for participation in the state funds.
3. (3) State education funds received by an LEA shall be used exclusively for the operation and maintenance of the schools during the fiscal year, unless otherwise provided by law.
(c)
1. (1) Should it develop that by error an allocation of funds has been made to any LEA not entitled to receive the funds by virtue of a failure to comply with the requirements of this part, part 1 of this chapter, or otherwise, or if it should develop that more funds have been distributed to any LEA than the LEA is entitled to receive under this part, the amount erroneously distributed shall be returned to the state treasury by the LEA; and upon a failure to do so, the commissioner shall retain and withhold the amount from any funds available for distribution to the LEA in the current or any subsequent school year.
2. (2) If any school funds are misappropriated or illegally expended by an LEA, an amount equivalent to the funds misappropriated or illegally expended shall be returned to the proper school fund; and upon a failure to do so, the commissioner may retain and withhold the amount from any funds available for distribution to the LEA in the current or any subsequent school year.
(d)
1. (1) In the event that the local fiscal body has not adopted a budget for the operation of the public schools by July 1 of any year, the school budget for the year just ended shall continue in effect until a new school budget has been approved.
2. (2) However, any expenditures mandated by this part or part 1 of this chapter and implemented by rules, regulations and minimum standards of the state board shall be incorporated into this continuing budget.
3. (3) Any continuing budget adopted by the local fiscal body shall not be valid beyond October 1 of the current fiscal year for purposes of the LEA's eligibility to receive state school funds.
(e) As part of the requirements of subsection (a), the commissioner shall develop a standardized system of financial accounting and reporting whereby LEAs shall report revenue allocations at the school level, including schools authorized pursuant to the Tennessee Public Charter Schools Act of 2002, compiled in chapter 13 of this title.

§ 49-3-317. Adjustments to reflect local changes.

(a)
1. (1) Whenever the operation of schools in any LEA is suspended by reason of epidemic, natural disaster or other justifiable cause, if so determined by the state board upon the written petition of the board, the suspension shall not operate to deprive the LEA of state funds to which it would be entitled, if the LEA otherwise meets the requirements of law.
2. (2) Notwithstanding subdivision (a)(1), the suspension of the operation of schools in an LEA during the 2019-2020 school year shall not operate to deprive the LEA of state funds to which the LEA would be entitled if the LEA otherwise meets the requirements of law. This subdivision (a)(2) does not require an LEA to petition the state board of education for a determination of an epidemic, natural disaster, or for other justifiable cause before an LEA may receive state funds. For purposes of this subdivision (a)(2), justifiable cause exists for the 2019-2020 school year.
(b) Whenever the schools in any LEA are conducted on a year-round basis, the year-round basis shall not operate to reduce the level of state support to the LEA, and the commissioner shall make adjustments necessary to accommodate the year-round operation so as not to diminish state financial support.
(c)
1. (1) If, as of July 1 of any school year, there has been a change since the beginning of the previous school term in the boundaries of an LEA or, pursuant to § 49-2-106, the creation or reactivation of an LEA, that involves the shifting of students from one LEA to another, or two (2) or more LEAs enter into a joint agreement that results in the shifting of students from one LEA to another, then, in the distribution of state education funds, the commissioner shall determine, on the basis of information submitted to the commissioner by the appropriate boards, the ADM of students residing in the affected area, involved in the shift.
2. (2) If, as of July 1 of any school year, there has been a change since the beginning of the previous school term in the boundaries of an LEA or, pursuant to § 49-2-106, the creation or reactivation of an LEA, that involves the shifting of students from one LEA to another, or two (2) or more LEAs enter into a joint agreement that results in the shifting of students from one LEA to another, the commissioner shall upwardly adjust the ADM in favor of the LEA receiving students based on the number of students shifted; and the adjusted ADM shall be used in making the apportionment and distribution of state education funds.
3. (3) Notwithstanding any law to the contrary, if there has been a change since the beginning of the previous school term in the boundaries of an LEA or if, due to the creation or reactivation of an LEA, students are shifted from one LEA to another, the LEAs may adjust the salary schedules of persons employed by the LEAs in nonteaching positions based upon a compensation study.
(d) Allowed costs of educating students in other states under § 49-6-3108 shall be included in the state education funds of affected LEAs, as determined by the commissioner.
(e)
1. (1) If an LEA's BEP calculation for the 2021-2022 school year, inclusive of the state and local portions, generates a lower BEP calculation than was calculated for the 2020-2021 school year, then the LEA's BEP calculation for the 2021-2022 school year, inclusive of the state and local portions, must be equal to the LEA's BEP calculation for the 2020-2021 school year. The department shall compare an LEA's BEP calculation for the 2021-2022 school year with the LEA's BEP calculation for the 2020-2021 school year for purposes of this subdivision (e)(1) prior to any adjustments to the instructional salaries and wages and instructional benefits categories of the BEP in each respective year.
2. (2) The BEP calculation used in subdivision (e)(1) must only be used to determine an LEA's BEP funding for the 2021-2022 school year, and shall not be used in determining future BEP calculations.
3. (3) Subdivision (e)(1) only applies to LEAs in full compliance with state school attendance and truancy intervention laws as provided in chapter 6, part 30 of this title, and the state board of education's continuous learning plan rules, which require LEAs to track student attendance daily when students are participating in remote instruction. In tracking daily student attendance and compliance with state school attendance and truancy intervention laws, an LEA shall implement policies and procedures for the LEA to request and receive daily visual, verbal, or written confirmation of student participation in instructional time; determine excused versus unexcused student absences; and implement interventions to address student absences during remote instruction.

§ 49-3-318. [Repealed]

§ 49-3-319. Adult basic education.

Appropriations of state funds made for adult basic education may be used for the purpose of meeting matching requirements under the [former] Economic Opportunity Act of 1964 [repealed], the Vocational Education Act of 1963 or other pertinent federal statute or statutes as may exist or be enacted.

§ 49-3-320. Grants-in-aid.

Appropriations of state funds made for educational grants-in-aid shall be expended under allotments of the commissioner of finance and administration for the following purposes:
1. (1) Tennessee Academy of Science;
2. (2) U.D.C. scholarships;
3. (3) Girls' Blind Home;
4. (4) State Aid for Youth, Inc.;
5. (5) Spencer T. Hunt Trust Fund;
6. (6) Cumberland Museum and Science Center;
7. (7) Student's Museum of Knoxville; and
8. (8) Memphis Pink Palace Museum.

§ 49-3-321. [Reserved]

§ 49-3-322. Contracts — Small businesses — Minority owned businesses.

(a) Notwithstanding any law to the contrary, an LEA may set aside an amount not to exceed ten percent (10%) of the total amount of funds allocated for the procurement of personal property and services for the purpose of entering into contracts with small businesses and minority owned businesses. The contracts shall be competitively bid among small businesses and minority owned businesses.
(b) For the purposes of this section, “small businesses” and “minority owned businesses” mean a business that is solely owned, or at least fifty-one percent (51%) of the outstanding stock of which is owned, by a person who is impeded from normal entry into the economic mainstream because of past practices of discrimination based on race, religion, ethnic background, sex or service in the armed forces during the Vietnam War; provided, that it is not the policy of the state to encourage employment outside the home of mothers of minor children.

§ 49-3-323. [Repealed]

§ 49-3-324. Loan for transportation services.

In any fiscal year in which an LEA is unable to operate, or to continue to operate, transportation services with available funds, the LEA may request a loan from any county or municipal fund that has sufficient anticipated end of year fund balance to finance the loan during the fiscal year, or from the state, in an amount adequate to operate transportation services for the school year. The loan must be approved by the county legislative body if a county board of education makes the request, or the municipal legislative body if a municipal board of education makes the request, and the comptroller of the treasury or the comptroller's designee, in either case. The loan shall be with interest at the formula rate pursuant to § 47-14-105. The loan, both principal and interest, shall be repaid from the school operating funds of the LEA in the next fiscal year. If the state makes the loan and principal and interest are not repaid by the end of the fiscal year in which repayment is due, then the state shall withhold the amount due from state-shared revenue that would otherwise be distributed to the county, municipality or special school district.

§ 49-3-325 — 49-3-350. [Reserved]

§ 49-3-351. [Repealed]

§ 49-3-352. Dedicated education fund.

(a) There is established within the general fund of each LEA a special revenue account to be known as the dedicated education fund.
(b) All appropriations from all sources intended to fund any function or expense of the LEA shall be appropriated to this account and an affirmative vote by a majority of the membership of the board shall be required to disburse funds from the account. Money in the dedicated education fund shall be invested as provided by law.
(c) Any fund balance remaining unexpended at the end of a fiscal year in the general fund of the local public education system shall be carried forward into the subsequent fiscal year. The fund balance shall be available to offset shortfalls of budgeted revenues or, subject to § 49-2-301(b)(1)(U), shall be available to meet unforeseen increases in operating expenses. Any accumulated fund balance in excess of three percent (3%) of the budgeted annual operating expenses for the current fiscal year may be budgeted and expended for any education purposes, but must be recommended by the board of education prior to appropriation by the local legislative body. Notwithstanding this section or any other law to the contrary, in any fiscal year in which state-shared revenues distributed to counties are reduced below the levels distributed to counties in the 2002-2003 fiscal year, any or all of the accumulated fund balance may be used for education purposes without restrictions; provided, however, that for the 2004-2005 fiscal year only, if an LEA submits to the department for approval a budget that contains the use of unrestricted accumulated funds under this subsection (c) and it is subsequently determined that state-shared revenues distributed to counties are equal to or greater than levels distributed to counties in the 2002-2003 fiscal year, the commissioner shall have the authority to approve the unrestricted use of the accumulated funds.
(d) Subsection (b) shall not apply in counties having a population of not less than seventy-five thousand one hundred (75,100) nor more than seventy-five thousand two hundred (75,200), according to the 2010 federal census or any subsequent federal census, and that contain a national laboratory. In any such county, all appropriations from all sources to fund public education shall be deposited into the dedicated education fund. Money in the dedicated education fund shall be invested as provided by law.

§ 49-3-353. Distribution of TISA funds.

(a) In order for any local public school system to receive TISA funds, the system shall meet the conditions and requirements set out in this section. In order to enforce the conditions and requirements, the commissioner may, in the commissioner's discretion, withhold a portion or all of the TISA funds that the system is otherwise eligible to receive.
(b) Every local public school system shall meet the requirements of state law as to the operation of the system and of the rules, regulations, and minimum standards of the state board for the operation of schools.

§ 49-3-354. [Repealed]

§ 49-3-355. [Repealed]

§ 49-3-356. [Repealed]

§ 49-3-357. Education trust fund of 1992.

There is created the education trust fund of 1992. The commissioner of finance and administration is authorized and directed to deposit into this fund all revenues earmarked and allocated specifically and exclusively for educational purposes under this part, part 1 of this chapter, §§ 57-4-306, 67-4-1025, 67-6-103, and any other statute providing for the collection of state taxes allocated for educational purposes. All expenditures from this fund shall only be made upon appropriations for educational purposes duly enacted by the general assembly. Educational purposes shall include, but not be limited to, payment of principal and interest on general obligation bonds authorized to fund capital projects for institutions of higher education. Any unencumbered funds and any unexpended balances of the fund remaining at the end of any fiscal year shall not revert to the general fund of the state, but shall be carried forward until expended for educational purposes pursuant to appropriations duly enacted by the general assembly.

7 Backlinks

§ 49-3-358. TISA account — Exemption from trustee's commission.

(a) There is established within the education trust fund of 1992, created by this part, a special revenue account to be known as the Tennessee investment in student achievement formula (TISA) account.
(b) All appropriations from the education trust fund of 1992, and such other appropriations as may be provided by law, will be credited to the TISA account. The appropriations will be credited to the account on the fifteenth day of the second month of each quarter or on such other schedule approved by the commissioners of education and finance and administration.
(c) The principal and interest of the TISA account, and any part of the TISA account, will be subject to payment under this chapter. The commissioner shall administer the TISA account and is authorized to make disbursements from the account in accordance with § 9-4-601.
(d) Money in the TISA account shall be invested by the state treasurer for the benefit of the account pursuant to § 9-4-603. Interest accruing on investments and deposits to the account shall be returned to the account and become part of the account.
(e) Any unencumbered funds or any unexpended balance of the TISA account remaining at the end of any fiscal year shall not revert to the general fund of the state or the education trust fund of 1992, but shall be carried forward until expended in accordance with this chapter.
(f) All state funds available to any LEA that exceed the amount of state funds provided for public education in each respective LEA in the 1991-1992 fiscal year shall be exempt from the trustee's commission authorized by § 8-11-110.

7 Backlinks

§ 49-3-359. TISA funding for teacher's supplies and school nurses or school health services.

(a) Each LEA and public charter school must pay two hundred dollars ($200) for each teacher in kindergarten through grade twelve (K-12) for the purpose described in this subsection (a). This money must be used by the teachers for instructional supplies and must be given to each teacher by October 31 of each school year so that the teacher may spend it at any time during that school year on instructional supplies as determined necessary by the teacher. The purpose of these funds is to permit purchase of items of equipment for the benefit and enhancement of the instructional program. The funds cannot be used for basic building needs such as HVAC, carpets, furniture, items or equipment for the teachers' lounge, or the like. Any funds not spent by the end of the school year must be pooled at the school level and used for the purchase of items of equipment for the benefit of all teachers. Pooled funds cannot be used for basic building needs such as HVAC, carpets, furniture, items or equipment for the teachers' lounge, or the like.
(b) [Deleted by 2022 amendment.]
(c)
1. (1) An LEA may use TISA funds to directly employ a public school nurse or to contract with the Tennessee public school nurse program, created in § 68-1-1201, for the provision of school health services. An LEA must use TISA funds to directly employ, or contract for, a public school nurse as provided in this subsection (c), or must advise the department of education of the LEA's election not to do so.
2. (2) Each public school nurse employed by or provided to an LEA, pursuant to subsection (a), shall meet or exceed the minimum qualifications and standards established pursuant to § 68-1-1204(a), and shall perform the duties and responsibilities enumerated within § 68-1-1202. Each public school nurse employed by an LEA shall maintain current certification through a certifying cardiopulmonary resuscitation course consistent with the scientific guidelines of the American Heart Association in collaboration with the International Liaison Committee on Resuscitation.
(d) The amounts provided in this section may be reduced pro rata by the commissioner during any year in which the BEP appropriation is insufficient to fully fund the program.

§ 49-3-360. [Repealed]

§ 49-3-361. [Reserved]

§ 49-3-362. [Repealed]

§ 49-3-363. [Repealed]

§ 49-3-364. [Repealed]

§ 49-3-365. [Repealed]

§ 49-3-366. [Repealed]

§ 49-3-367. [Repealed]

§ 49-3-368. [Repealed]

§ 49-3-369. Funding of special school districts.

Any city which provides funding to a special school district, the borders of which are coterminous with the borders of the city, may provide such funding through a contract with the school district that provides that one-half (½) of the funds shall be used for the operation of the school system and one-half (½) of the funds shall be used for the issuance of bonds. Upon agreement of both the city legislative body and the board of education of the special school district, proceeds from the bond issue shall be used only for maintenance of or construction at schools in existence in the district at the time of the issuance of the bonds.

§ 49-3-370. Funding of educational services to children in residential mental health facilities.

(a) An LEA shall allocate funding in an amount equal to the per pupil state and local funds received by the LEA to a state-licensed residential mental health facility on a prorated daily basis for the student's length of stay if:
1. (1) The residential mental health facility operates as a Category I special purpose school pursuant to the state board of education's rules and provides a minimum of sixteen and one-half (16½) hours per week of educational instructional services to the students, unless the student's IEP provides otherwise;
2. (2) The student admitted to the residential mental health facility was enrolled in and attended a public school in this state for the one (1) full school year immediately preceding the student's admission to the facility and is enrolled in a public school in this state at the time of admission to the facility; and
3. (3) The student is admitted to the residential mental health facility under a signed, written order of a qualified physician licensed to practice medicine in this state, the order being based upon medical necessity. An LEA may require a physician attestation form including the patient's name, the dates of admission, and the signature of the physician to be submitted to the LEA prior to disbursement of funds to the facility.
(b) An LEA shall allocate funding in an amount equal to the per pupil state and local funds received by the LEA to an out-of-state residential mental health facility on a prorated daily basis for the student's length of stay if:
1. (1) There are no facilities in this state with the capacity to deliver the appropriate mental health treatment to the student at the time the student is admitted to the out-of-state residential mental health facility;
2. (2) The residential mental health facility operates in a state that borders this state;
3. (3) The residential mental health facility serves at least fifteen (15) Tennessee students per school year;
4. (4) The department of education determines, prior to the medical placement decision, that the residential mental health facility's educational programs or instructional services meet the same requirements as a Category I special purpose school, as applicable, pursuant to the state board of education's rules;
5. (5) The residential mental health facility provides a minimum of sixteen and one-half (16½) hours per week of educational instructional services to admitted students, unless the student's IEP provides otherwise;
6. (6) The residential mental health facility complies with all applicable health and safety laws, regulations, and codes of the state and locality in which it is located;
7. (7) All teachers at the residential mental health facility are licensed by the educator licensing authority of the state in which the facility is located;
8. (8) The residential mental health facility has at least one (1) teacher with an endorsement in special education or a certification that the department of education determines to be equivalent to an endorsement in special education in this state, to provide special education and related services to admitted students;
9. (9) The residential mental health facility has a sufficient number of teachers with an endorsement in special education or a certification that the department of education determines to be equivalent to an endorsement in special education in this state, to comply with each student's IEP;
10. (10) The residential mental health facility reports the attendance of each admitted student to the public school in which the student is enrolled;
11. (11) The residential mental health facility follows the admitted student's IEP as written at the time of the medical placement decision, and as subsequently amended by the student's IEP team during the student's stay at the facility;
12. (12) The student admitted to the residential mental health facility was enrolled in and attended a public school in this state for the one (1) full school year immediately preceding the student's admission to the facility, is enrolled in a public school in this state at the time of admission to the facility, and has an active IEP from an LEA in this state at the time of the medical placement decision; and
13. (13) The student is admitted to the residential mental health facility under a signed, written order of a qualified physician licensed to practice medicine, the order being based upon both medical necessity and the most appropriate medical services for the child. An LEA may require a physician attestation form including the patient's name, the dates of admission, and the signature of the physician to be submitted to the LEA prior to disbursement of funds to the facility.
(c) If an LEA allocates funds to an out-of-state residential mental health facility pursuant to this section, then the LEA and the department of education are authorized to monitor the out-of-state residential mental health facility for compliance with this section, an individual student's IEP, and all other applicable state and federal laws.
(d) If the out-of-state residential mental health facility fails to comply with the requirements of subsection (b), then the LEA shall cease the allocation of funding as provided in this section.
(e) The state board of education shall promulgate rules to establish procedures for approving educational programs or instructional services provided by out-of-state residential mental health facilities and for the allocation of funds to out-of-state residential mental health facilities for purposes of this section. The rules must be promulgated according to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(f) The funding specified in subsections (a) and (b) is in addition to funds allocated pursuant to federal law and regulation, including, but not limited to, Title I and ESEA funds.
(g) This part must not be used or construed to circumvent the requirements of the Individuals with Disabilities Education Act (20 U.S.C. § 1400 et seq.).

Part 4 Volunteer Public Education Trust Fund Act of 1985

§ 49-3-401. Short title.

This part shall be known and may be cited as the “Volunteer Public Education Trust Fund Act of 1985.”

§ 49-3-402. Legislative intent and declaration.

The general assembly recognizes the inherent value of education and encourages its support. Through this part, the general assembly recognizes, as did our forefathers, that knowledge, learning and virtue are essential to the preservation of our institutions of government, and the diffusion of the opportunities and advantages of education should be paramount in our concerns. To that end, the general assembly declares its support for public education through the trust fund established by this part by establishing a mechanism for the encouragement and acceptance of voluntary contributions for public education.

§ 49-3-403. Volunteer public education trust fund — Acceptance of funds — Accounts — Investments and expenditures.

(a) There is established within the state treasury a special trust fund for education known as the volunteer public education trust fund that shall be administered by the state treasurer and the commissioner of education as trustees.
(b)
1. (1) The state treasurer, on behalf of the fund, is authorized to accept money contributed to the fund from any individual, association, trust, corporation, partnership, firm, venture, agency, organization, governmental entity, or political subdivision, including, but not limited to, state-appropriated funds or monetary gifts, grants, or any other monetary aids received by the program from public or private sources.
2. (2) The state treasurer may accept funds from a private or public entity that may be earmarked for a specific purpose and for a specific local education agency (LEA), as defined in § 49-3-104, and the income from these funds must be disbursed to the LEA in the name of the private or public entity as long as the funds are used for public education.
3. (3) For all funds deposited into the trust fund, the income from the funds may be expended by the trustees in accordance with the trustees' operational guidelines for the expenditure of income in an amount certain to one (1) or more LEAs, subject to the earmarked purpose of the money contributed to the fund.
4. (4) The trust fund must be divided into the following two (2) general accounts: one (1) for public funds and one (1) for private funds.
5. (5) Each general account must be divided into subaccounts for each LEA to the extent that the trust fund money is allocated for a specific LEA.
6. (6) Corpus from the fund must be allocated to each subaccount in an amount sufficient to fund a public education purpose or project in accordance with the expenditure authorization from the trustees. All income on the corpus allocated must be paid to the subaccount.
7. (7) Income on the remaining corpus in each general account that has not been allocated must be maintained in a special reserve at the general account level.
8. (8) Income in excess of the funding for a subaccount must be maintained in a special reserve at the subaccount level.
9. (9) Regardless of the allocation of funds, all moneys in the trust fund may be commingled for investment purposes with other trust funds and other funds subject to investment by the state treasurer in accordance with the trustees' investment policy and applicable law.
(c) Funds in the special trust fund for education established by this part shall be invested and reinvested by the state treasurer. The trust may invest in any security or investment in which the Tennessee consolidated retirement system is permitted to invest, subject to the requirements of other applicable law; provided, that investments by the trust must be governed by the investment policies and guidelines adopted by the trustees in accordance with this part.
(d) The trust income must be expended only in accordance with §§ 49-3-404 and 49-3-405 and to pay expenses incurred in administering and investing the trust assets. The corpus, as set forth in § 49-3-405, shall not be expended for any purpose. Under no circumstances shall any of the money in the fund be used for any purpose other than public education.

2 Backlinks

§ 49-3-404. Authority of trustees.

In addition to the powers granted by this part, consistent with the purpose of the fund, the trustees have the authority to:
1. (1) Develop a written plan to implement this part;
2. (2) Develop investment policies for the investment of the money in the fund;
3. (3) Expend income from the fund in accordance with this part;
4. (4) Establish rules, policies, or guidelines relative to the expenditure of income from the fund. The rules, policies, or guidelines may contain factors or criteria for disbursements to LEAs participating in the Tennessee investment in student achievement formula (TISA), and may include, but not be limited to, special projects or programs that would not otherwise be funded that are deemed by the trustees to improve the overall quality of the total educational program for individual or all LEAs. The rules, policies, or guidelines may contain a competitive award process developed by the trustees that will be administered and implemented by the commissioner of education;
5. (5) Promote, advertise, and publicize the fund by developing and implementing campaigns for contributions to the trust fund and programs making the public aware of the purpose and operation of the fund. In their promotion of the fund, the trustees may develop partnerships and agreements with and among state agencies, local governments, nonprofit organizations, and private entities;
6. (6) Raise funds and solicit contributions to the fund on behalf of the fund;
7. (7) Request from any branch, department, division, board, bureau, commission, or other agency of the state or any entity that receives state funds, such information as will enable the trustees to perform the duties contained in this part;
8. (8) Contract for the provision of all or any part of the services necessary for the management, operation, promotion, advertisement, and publicizing of the fund; and
9. (9) Enter into donor agreements with public or private individuals or entities contributing to the fund.

2 Backlinks

§ 49-3-405. Corpus of trust fund — Income — Minimum trust fund amount.

The corpus of the trust fund consists of funds appropriated by the state as well as any other contributions from public or private sources in accordance with § 49-3-403. Income from the fund includes the income from the fund's investment portfolio from whatever source derived, including, but not limited to, interest, dividends, and realized capital gains and losses. Income accruing on contributions to the fund must be deposited in the trust fund and shall not be disbursed until the minimum trust fund amount is met. The minimum trust fund amount is the threshold amount of the corpus that must be accumulated in the trust fund until income may be disbursed. The trustees shall establish the minimum trust fund amount pursuant to the plan required by § 49-3-404. Once the minimum trust fund amount is met, the trustees may allow the income on the minimum trust fund amount to be available for disbursement from the fund pursuant to the plan required by § 49-3-404. The state treasurer is authorized to establish separate accounting for the fund's corpus and income.

1 Backlink

49-3-403(d)

§ 49-3-406. Rules.

The trustees are authorized to promulgate rules necessary to perform their responsibilities under this part. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

§ 49-3-407. Addition of state general fund surplus.

The general assembly may annually provide for the addition of an appropriate percentage of the state general fund surplus to be added to the trust fund.

§ 49-3-408. Nonprofit corporation for administrative services.

(a) The trustees are authorized to create a nonprofit corporation in accordance with the Tennessee Nonprofit Corporation Act, compiled in title 48, chapters 51-68, and after such incorporation, to apply for tax exempt status under 26 U.S.C. § 501(c)(3).
(b) The corporation has all the rights and powers of a nonprofit corporation under the Tennessee Nonprofit Corporation Act, and has such powers as are necessary to carry out the intent of this part, including, but not limited to, the solicitation of contributions and disbursement of funds.

Part 5 K-12 Mental Health Trust Fund Act

§ 49-3-501. Short title.

This part is known and may be cited as the “K-12 Mental Health Trust Fund Act.”

§ 49-3-502. K-12 mental health endowment fund.

The K-12 mental health endowment fund is established to provide mental health supports to students in primary and secondary schools in this state. The fund must be administered and funded in accordance with the following terms and conditions:
1. (1) The fund is an irrevocable trust that the state treasurer shall administer. The trust consists of the K-12 mental health endowment account and the K-12 mental health special reserve account;
2. (2) The trustees of the trust are as follows:
  1. (A) The state treasurer, or the treasurer's designee;
  2. (B) The comptroller of the treasury, or the comptroller's designee;
  3. (C) The secretary of state, or the secretary's designee; and
  4. (D) The commissioner of finance and administration, or the commissioner's designee;
3. (3) The state treasurer, or the treasurer's designee, serves as chair of the trustees and shall preside over all meetings and proceedings of the trustees;
4. (4) If necessary or convenient to carry out the purposes and provisions of this part, the trustees are authorized to create a nonprofit corporation or incorporate the fund as a nonprofit corporation under the Tennessee Nonprofit Corporation Act, compiled in title 48, chapters 51-68, and after incorporation, to apply for tax exempt status under § 501(a) of the Internal Revenue Code (26 U.S.C. § 501(a)), by virtue of being an organization described in § 501(c)(3) of the Internal Revenue Code (26 U.S.C. § 501(c)(3)). The corporation, if created, has all rights and powers of a nonprofit corporation under the Tennessee Nonprofit Corporation Act, and the powers necessary to carry out the intent of this section, including, but not limited to, the solicitation of contributions and disbursement of funds;
5. (5) The trust may invest funds in any security or investment permitted by applicable laws, rules, and regulations, and that is not otherwise prohibited by the Constitution of Tennessee, Article II, § 31; provided, that investments made by the trust must be governed by the investment policies and guidelines adopted by the trustees of the trust in accordance with this section. The state treasurer is responsible for the investment and reinvestment of trust funds in accordance with the policies and guidelines established by the trustees;
6. (6) Subject to appropriation, the trust must be funded in fiscal year 2021-2022 by an initial deposit. Ninety percent (90%) of the initial deposit constitutes the principal of the trust, which must be placed in the K-12 mental health endowment account. Ten percent (10%) of the initial deposit must be placed in the K-12 mental health special reserve account;
7. (7) Trust income does not increase, or constitute an addition to, the principal of the trust, but must be placed in the K-12 mental health special reserve account; provided, that trust income may be used to pay expenses incurred in administering and investing the trust assets. As used in this subdivision (7), “trust income” means the income from the trust's investment of the funds in the K-12 mental health endowment account or K-12 mental health special reserve account from whatever source derived, including, but not limited to, interest, dividends, and realized capital gains or losses;
8. (8) Subsequent transfers of funds to the trust after the initial deposit in subdivision (6) shall not increase, or constitute an addition to, the principal of the trust, and must be placed in the K-12 mental health special reserve account of the trust. Such funds may include moneys appropriated by the general assembly, received from the United States or any agencies of the United States, or received from any other source, including contributions from public or private sources. The fund may request and receive gifts, contributions, bequests, donations, and grants from any legal and appropriate source, and any such funds received must be deposited into the K-12 mental health special reserve account; provided, that if any such items are not in the form of funds, then any income, rents, or proceeds generated from the items must be deposited into the K-12 mental health special reserve account;
9. (9) The principal of the trust in the K-12 mental health endowment account, as described in subdivision (6), shall not be expended for any purpose;
10. (10) The trustees shall annually determine the amount of funds in the K-12 mental health special reserve account that are available for appropriation and expenditure in accordance with this section, but shall not determine how the funds in the K-12 mental health special reserve account are expended;
11. (11) The funds in the K-12 mental health special reserve account, as determined by the trustees in accordance with subdivision (10), are available to the department of mental health and substance abuse services for allocation and distribution, in consultation with the department of education, but such funds must be expended only for mental or behavioral health services or treatment for kindergarten through grade twelve (K-12) students or for an assessment to review current mental and behavioral health resources for K-12 students that are available in each county;
12. (12) Unexpended funds remaining in the trust in any fiscal year, including, but not limited to, the principal, initial deposits, transfers, and interest in the K-12 mental health endowment account and the K-12 mental health special reserve account, do not revert to the general fund, but must remain available for expenditure in accordance with this section;
13. (13) Subject to applicable laws and rules, the funds transferred to the trust, including funds in the K-12 mental health endowment account and the K-12 mental health special reserve account, may be commingled with, co-invested with, and invested or reinvested with other assets transferred to the trust and other funds that are not part of the trust, including, but not limited to the state pooled investment fund established pursuant to title 9, chapter 4, part 6. The state treasurer shall account for such trust funds in one (1) or more separate accounts in accordance with this section and other applicable law; and
14. (14) All funds placed in the K-12 mental health special reserve account are available for allocation and distribution as authorized in this section only to the extent that funds are available in the K-12 mental health special reserve account. The state is not liable for any amount in excess of such sum. All requests for withdrawals for payment that are presented to the state treasurer must be used only to fund mental or behavioral health services or treatment for K-12 students, or an assessment to review current mental and behavioral health resources for K-12 students that are available in each county. Requests for withdrawals must not be commingled with requests for withdrawals presented to the state treasurer for any other purpose, and the individual or entity requesting the withdrawal of funds must attest to same upon presentation of the request for withdrawal to the state treasurer.

Part 10 Bonds Generally

§ 49-3-1001. Provisions supplementary.

This part shall not constitute an exclusive method of issuing bonds by counties for school purposes. The bonds may be authorized and issued under any pertinent public or private act of this state now existing or hereafter enacted.

§ 49-3-1002. Issuance and sale.

(a)
1. (1) The counties, through their respective county legislative bodies, are authorized to issue and sell bonds for the purposes and in the manner provided in this part.
2. (2) All bonds issued under the authority of this part shall be sold for no less than ninety-eight percent (98%) of par value and accrued interest as the governing body of the county may direct.
(b)
1. (1) The bonds may be issued by the county legislative body of any county by resolution adopted by a majority of the members of the county legislative body at any regular, special or adjourned meeting of the county legislative body.
2. (2) “A majority of the members of the county legislative body” means a majority of the duly qualified and acting members of the county legislative body; and where a vacancy or vacancies exist in the county legislative body, the vacancy or vacancies shall not be included in determining the membership of the county legislative body within the meaning of this subsection (b).
(c) The bonds shall not be issued for any other purpose than expressed in this part, and any bonds issued pursuant to this part and the income from the bonds shall be exempt from all state, county and municipal taxation except for inheritance, transfer and estate taxes and except as otherwise provided in this code.
(d) The bonds shall be known as school bonds or as general obligation school bonds, and shall bear interest at a zero (0) rate or at such rate or rates, which may vary from time to time, not exceeding the maximum rate provided in the resolution authorizing the bonds, payable at such time or times as may be provided in the resolution authorizing the bonds; and the bonds shall be due and payable in not more than forty (40) years from the date of their issuance.
(e) The bonds shall be issued in such denominations and numbers, may be payable in such place or places, may carry such registration privileges, may be subject to such terms of redemption, with or without premium, all as may be provided in the resolution authorizing the bonds. Each bond shall recite on its face that it is issued pursuant to this part.
(f) Each of the bonds shall be executed in such manner and by such officials as may be provided by resolution of the county legislative body of the county.
(g)
1. (1) The bonds shall be sold for cash by the county mayor; provided, that the sale shall be advertised for a period of not less than five (5) days next preceding the date of the sale.
2. (2) The county legislative bodies are authorized to pay out of the bond proceeds the necessary expenses in the issuance and sale of the bonds.
(h) With respect to all or any portion of any issue of bonds issued or anticipated to be issued under this part, at any time during the term of the bonds, and upon receipt of a report of the comptroller of the treasury or the comptroller's designee finding that the contracts and agreements authorized in this subsection (h) are in compliance with the guidelines, rules or regulations adopted or promulgated by the state funding board, as set forth in subsection (i), a county by resolution may authorize and enter into interest rate swap or exchange agreements, agreements establishing interest rate floors or ceilings or both, and other interest rate hedging agreements under such terms and conditions as the governing body of the county may determine, including, but not limited to, provisions permitting the county to pay to or receive from any person or entity any loss of benefits under such agreement upon early termination of the agreement or default under the agreement.
(i) The governing body of a county may enter into an agreement to sell its bonds, other than its refunding bonds, under this chapter providing for delivery of its bonds on a date greater than ninety (90) days and not greater than five (5) years, or such greater period of time if approved by the comptroller of the treasury or the comptroller's designee, from the date of execution of the agreement or to sell its refunding bonds under this chapter providing for delivery of its refunding bonds on a date greater than ninety (90) days from the date of execution of the agreement and not greater than the first optional redemption date on which the bonds being refunded can be optionally redeemed resulting in cost savings or at par, whichever is earlier, only upon receipt of a report of the comptroller of the treasury or the comptroller's designee finding that the agreement or contract of a county to sell its bonds as authorized in this subsection (i) is in compliance with the guidelines, rules or regulations adopted or promulgated by the state funding board in accordance with subsection (j). Agreements to sell bonds and refunding bonds for delivery ninety (90) days or less from the date of execution of the agreement do not require a report of the comptroller of the treasury or the comptroller's designee.
(j) The state funding board shall establish guidelines, rules or regulations with respect to the agreements and contracts referenced in subsections (h) and (i), which may include, but shall not be limited to:
1. (1) The conditions under which the agreements or contracts can be entered into;
2. (2) The methods by which the contracts are to be solicited and procured;
3. (3) The form and content the contracts shall take;
4. (4) The aspects of risk exposure associated with the contracts;
5. (5) The standards and procedures for counterparty selection, including rating criteria;
6. (6) The procurement of credit enhancement, liquidity facilities or the setting aside of reserves in connection with the contracts or agreements;
7. (7) The methods of securing the financial interest in the contracts;
8. (8) The methods to be used to reflect the contracts in the county's financial statements;
9. (9) Financial monitoring and periodic assessment of the contracts by the county;
10. (10) The application and source of nonperiodic payments; and
11. (11)
  1. (A) Educational requirements for officials of any county responsible for approving any such contract or agreement;
  2. (B) Prior to the adoption by the governing body of the county of a resolution authorizing the contract or agreement, a request shall be submitted to the comptroller of the treasury or the comptroller's designee for a report finding that the contract or agreement is in compliance with the guidelines, rules or regulations of the state funding board. Within fifteen (15) days of receipt of the request, the comptroller of the treasury or the comptroller's designee shall determine whether the contract or agreement substantially complies with the guidelines, rules or regulations and shall report on the determination to the county. If the report of the comptroller of the treasury or the comptroller's designee finds that the contract or agreement complies with the guidelines, rules or regulations of the state funding board or the comptroller of the treasury or the comptroller's designee fails to report within the fifteen-day period, then the county may take such action with respect to the proposed contract or agreement as it deems advisable in accordance with this section and the guidelines, rules or regulations of the state funding board. If the report of the comptroller of the treasury or the comptroller's designee finds that the contract or agreement is not in compliance with the guidelines, rules or regulations, then the county is not authorized to enter into the contract or agreement. The guidelines, rules or regulations shall provide for an appeal process to a determination of noncompliance.
(k) When entering into any contracts or agreements facilitating the issuance and sale of bonds, including contracts or agreements providing for liquidity and credit enhancement and reimbursement agreements relating thereto, interest rate swap or exchange agreements, agreements establishing interest rate floors or ceilings or both, other interest rate hedging agreements, and agreements with the purchaser of the bonds authorized under this section evidencing a transaction bearing a reasonable relationship to this state and also to another state or nation, the county may agree in the written contract or agreement that the rights and remedies of the parties to the contract or agreement shall be governed by the laws of this state or the laws of such other state or nation; provided, that jurisdiction over any county against which an action on such a contract or agreement is brought shall lie solely in a court in this state that would otherwise have jurisdiction of actions brought in contract against such county.

1 Backlink

49-3-1004(a)

§ 49-3-1003. Deposit and payment of funds.

(a)
1. (1) The money arising from the sale of school bonds shall be turned over to the trustee of the county, and shall be kept separate and apart from all other funds, and shall be paid out only for the purposes and in the manner provided in this part, and the trustee shall be allowed no commission for receiving or disbursing the funds.
2. (2) Any bond funds not put to immediate use shall be deposited at interest by the trustee until needed. The interest arising from the bond funds shall be used only towards retiring the school bond indebtedness or, upon recommendation of the county board of education and concurrence of the county legislative body, shall become a part of the proceeds of the sale of the bonds to be used for the purposes authorized by this part.
(b)
1. (1) In counties having a city or cities operating schools independent of the county, the trustee of the county shall pay over to the treasurer of the city that amount of the funds that bear the same ratio to the entire amount arising from this part as the average daily attendance of the year ending June 30 next preceding the sale of the bonds of the city or cities bears to the entire average daily attendance of the year ending June 30 next preceding the sale of the bonds of the county; provided, that the funds paid over to the city treasurer shall be kept separate from all other funds in the manner and for the purposes provided in this part for the county funds to be used.
2. (2) The governing body of any city may, by ordinance regularly adopted, waive its right to all or a part of any funds due to it under this subsection (b) and return the funds to the trustee of the county for the purposes originally provided.
2 Backlinks
- 49-3-1004(c)
- 49-3-1006(c)
(c)
1. (1) In counties that have special school districts operating schools, the trustee of the county shall pay over to the special school district, provided the school district has a bonded treasurer, that amount of the funds that shall bear the same ratio to the entire amount arising from this part as the average daily attendance of the year ending June 30 next preceding the sale of the bonds of the respective special school district bears to the entire average daily attendance of the year ending June 30 next preceding the sale of the bonds of the county; provided, further, that the funds paid over to the special school district shall be kept separate from all other funds in the manner and for the purposes provided in this part for the county funds to be used.
2. (2) The governing body of the special school district may, by resolution regularly adopted, waive its right to all or a part of any funds due to it under this subsection (c) and return the funds to the trustee of the county for the purposes originally provided.

1 Backlink

9-21-129(a)

§ 49-3-1004. Use of funds.

(a) The proceeds from the sale of school bonds issued under § 49-3-1002 constitute a special fund to be known as the special school fund, except funds for aiding this state in the construction of state education facilities or institutions as provided for in subsection (b), which shall be kept by the trustees of such county and the treasurer of the city schools separate and apart from all other funds and shall be applied exclusively to purchase property for school purposes, to purchase sites for school buildings, to erect or repair school buildings, to furnish and equip school buildings and to refund, call or make principal and interest payments on bonds or other obligations previously issued for the same purposes, and to be used for no other purposes by the county board of education of the county, the city board of education or the governing board of the city. The city board shall have a right to draw warrants on the funds only for the purposes mentioned in this subsection (a).
(b)
1. (1) Funds may also be raised by counties in this state in accordance with this part for the purpose of contributing or granting the funds to the state to aid in the constructing and equipping of any type of state educational facilities or institutions within the boundaries of such counties, or neighboring counties nearby enough so that the contributing county will be directly benefited by the facilities or institutions, either separately or in conjunction with other political subdivisions.
2. (2) Funds raised for the purposes listed in subdivision (b)(1) shall be paid to the state immediately upon the sale of bonds for that purpose by such counties rather than being kept by the trustee in such counties as a part of the special school fund provided for in subsection (a).
(c) Section 49-3-1003(b) shall not apply when the proceeds from the bonds are to be used for the purpose mentioned in subdivision (b)(1).

1 Backlink

12-10-115(a)(2)

§ 49-3-1005. Payment of bonds.

(a) Upon their issuance, these school bonds are binding obligations and debts upon the county, and the county legislative body of the county shall levy annually a tax on all the taxable property of the county for the purpose of paying interest on the bonds as it becomes due and to create a sinking fund with which to retire and pay off the bonds when they mature. In counties having no sinking fund commission, the county mayor shall loan out the school bond sinking fund upon first mortgage real estate security, approved by the county clerk and county director of schools.
(b)
1. (1) In the event that there exists any incorporated city or town or special school district within the county that operates its schools independently of the county, the county legislative body, in its discretion, may provide that the bonds shall be payable from taxes levied only upon that portion of taxable property within the county lying outside the territorial limits of the incorporated cities or towns or special school districts so independently operating their schools; and taxes sufficient to pay principal of and interest on the bonds shall be so levied upon such portion of the taxable property lying outside the territorial limits of the incorporated cities or towns or special school districts.
2. (2) In the event that the bonds being issued are payable from a tax levied only on that portion of the taxable property within the county lying outside the territorial limits of incorporated cities or towns, or special school districts that operate their own schools independently of the county, then no part of the proceeds of the bond issue shall be paid over to any such city or town or special school district or districts.
2 Backlinks
- 9-21-129(c)
- 9-21-129(e)
(c) The county legislative body of any county issuing bonds under this part, and levying a tax for the retirement of the principal and interest on such bonds only upon that portion of the taxable property within the county lying outside the territorial limits of incorporated cities or towns independently operating their schools, is further authorized in addition to the levy of taxes for the payment of principal and interest on the bonds, to pledge and use for such purpose the proceeds of the county's share of the state sales tax distributed to the county under title 67, chapter 6 or, except in counties with a population of eight hundred thousand (800,000) or more, according to the 1990 federal census or any subsequent federal census, and beginning with bonds issued on or after July 1, 2023, a portion of the TISA base funding amount and a portion of an infrastructure stipend pursuant to § 49-3-107, subject to the maximum limits established pursuant to § 4-31-1005(g)(2).
1 Backlink
- 9-21-129(e)
(d) The county mayor may purchase bonds at no more than par value on approval of the county clerk and county director of schools; provided, that the school bond sinking fund shall not be loaned for a rate of interest less than the rate of interest on the bonds themselves, and in amounts not exceeding fifty percent (50%) of the value of the real estate security, the interest to be added semiannually to the sinking fund.
(e) The county mayor of the county shall give, within sixty (60) days immediately preceding maturity of the bonds or any of them, notice to the holders of the bonds, through some newspaper published in the county seat of the county, for a period of thirty (30) days, stating in the notice the numbers of the bonds and when they shall become due, requesting that they shall be presented for payment or redemption on the date at the place designated in the bonds; and if the bonds are not presented for payment or redemption at the time and place so designated, then the interest on the bonds shall cease.

§ 49-3-1006. Bonds for purchase of buses.

(a) The various counties of the state, through their respective county legislative bodies, are authorized and empowered to issue and sell bonds for the purchase of school buses and appurtenances necessary to operate them.
(b) The bonds may be known as school bonds and shall be issued in accordance with the provisions for the issuance of other school bonds as set out in this part; provided, that bonds issued under this section shall mature within a time or times not to exceed eight (8) years from the date of issuance.
(c) The provisions of § 49-3-1003(b) providing for the proration of the proceeds of the bonds between county and city school systems shall not apply to bonds issued under authority of this section.
(d) The county legislative bodies are authorized and empowered to set aside into a sinking fund the necessary amounts each year from the regular school transportation allotment to retire the bonds upon their date of maturity.
(e) The full faith and credit of a county issuing bonds under this section shall be pledged to the retirement of the bonds.

§ 49-3-1007. Special school district bonds — Adjustment in tax rate.

If any special school district has bonds outstanding payable from taxes levied by special act of the general assembly, and if at any time the amount on deposit in the special fund created solely for the purpose of paying principal of and interest on the bonds is equal to at least two hundred percent (200%) of the amount of the principal and interest coming due on the bonds in the next twelve (12) months next succeeding, excluding any portion of principal and interest budgeted at the beginning of each fiscal year to be paid from sales tax revenues, TISA funds, or a combination of sales tax revenues or TISA funds, hereinafter referred to as annual debt service requirements, the special district by resolution may, on or before September 1 of any year, certify to the county trustee the special school district tax rate, not to exceed the rate imposed by existing legislative act, necessary to raise the amount of taxes that must be collected in order to maintain the special fund during the succeeding year in an amount equal to at least two hundred percent (200%) of annual debt service requirements, and the county trustee shall collect only the taxes based on the rate so certified.

§ 49-3-1008. Allocation of county proceeds to special school districts.

(a) The proceeds of bonds, notes and other debt obligations issued by counties under this part for school purposes shall be shared with special school district systems in the county on the same basis provided for sharing the proceeds of school bonds under this part. The trustee of the county shall pay over to the treasurer of the special school district that amount of the funds that bears the same ratio to the entire amount arising from this part as the average daily attendance of the year ending June 30 next preceding the sale of the bonds, notes or other debt obligations of the special school district bears to the entire average daily attendance of the year ending June 30 next preceding the sale of the bonds, notes or other debt obligation of the county.
(b) The governing body of any special school district may, by resolution regularly adopted, waive its right to all or a part of any funds due to it under this part and return the funds to the trustee of the county for the purposes originally provided.
(c)
1. (1) If there exists any special school district within the county that operates independently of the county, the county legislative body, in its discretion, may provide that the bonds, notes or other debt obligations shall be payable from taxes levied only upon that portion of taxable property within the county lying outside the territorial limits of the special school district so independently operated, and taxes sufficient to pay principal and interest on the bonds, notes and other debt obligations shall be so levied upon such portion of the taxable property lying outside the territorial limits of the special school district. However, except as provided in subdivision (c)(2), in no event shall funds that have not previously been apportioned to the special school districts within the county be used for the retirement of the principal or interest on the bonds, notes or other debt obligations.
2. (2) If the bonds, notes or other debt obligations being issued are payable from a tax levied only on that portion of the taxable property within the county lying outside the territorial limits of a special school district that operates independently of the county, then no part of the proceeds of the bonds, notes or other debt obligations shall be paid over to the special school district.
(d) This section shall be applicable only in counties of Class 3, subclass B, as established by § 8-24-101.

Part 11 Educational Institutions Law of 1943

§ 49-3-1101. Short title.

This part shall be known and may be cited as the “Educational Institutions Law of 1943.”

§ 49-3-1102. Part definitions.

As used in this part, unless the context otherwise requires:
1. (1) “Board” means both the board of trustees of the University of Tennessee and the state board of education, or either of them;
2. (2) “Bonds” means any bonds of the board issued pursuant to this part;
3. (3) “Federal agency” means the United States, the president of the United States, the administrator of general services or such other agency or agencies as may be designated or created to make loans or grants or both pursuant to the recovery act or any further acts;
4. (4) “Institution” means any one of the East Tennessee State University, Middle Tennessee State University, the University of Memphis, the Tennessee Technological University, the University of Tennessee and the University of Tennessee, Martin branch;
5. (5) “Project” means and includes buildings, structures, improvements and equipment of every kind, nature and description that may be required by or convenient for the purpose of an institution, including, without limiting the generality of the foregoing, administration, dining, exhibition, lecture, recreational and teaching halls, or parts of or additions to them; heat, light, sewer and waterworks plants or systems, or parts of or extensions to them; commons, dining halls, dormitories, auditoriums, libraries, infirmaries, laundries, laboratories, metallurgical plants, museums, swimming pools, water towers, fire prevention and fire fighting systems, gymnasia, stadia, dwellings, greenhouses, farm buildings and stables, or parts of or additions to them; or any one (1) or more than one (1) or all of the projects listed in this subdivision (5), or any combination of the projects listed in this subdivision (5), acquired pursuant to this part;
6. (6) “Recovery act” means all acts or resolutions of the congress of the United States to encourage public works, to provide relief, work relief, or to increase employment by providing for useful projects and providing for the making of loans or grants or both; and
7. (7) “To acquire” includes to purchase, erect, build, construct, reconstruct, repair, replace, extend, better, equip, develop or improve a project.

§ 49-3-1103. Construction with other statutes.

(a) The powers conferred by this part are in addition to the powers conferred by other laws; and the limitations imposed by this part shall not affect the powers conferred by any other law, general or special. Bonds may be issued under this part, notwithstanding any such other law, and without regard to the procedure required by any other such law.
(b)
1. (1) Insofar as this part is inconsistent with any other law, general or special, this part is controlling.
2. (2) Subdivision (b)(1) does not apply to the board of trustees of the University of Tennessee.

§ 49-3-1104. General powers of board.

The board has the power and is authorized to:
1. (1) Acquire by purchase, gift or the exercise of the right to eminent domain and hold real or personal property or rights or interests in real or personal property and water rights;
2. (2) Make contracts and execute all instruments necessary or convenient to effectuate the purposes of this part;
3. (3) Acquire by contract or contracts or by its own agents and employees, or otherwise than by contract, any project or projects, and operate and maintain the projects;
4. (4) Accept grants of money or materials or property of any kind from a federal agency, upon such terms and conditions as such federal agency may impose;
5. (5) With prior approval of the state school bond authority, borrow money and issue bonds and provide for the payment of the bonds and for the rights of the holders of the bonds as provided in this part; and
6. (6) Perform all acts and do all things necessary or convenient to carry out the powers granted in this part, obtain loans, with prior approval of the state school bond authority, or grants or both from any federal agency, and accomplish the purposes of this part and secure the benefits of the recovery act.

§ 49-3-1105. Bond issuance and sale.

(a)
1. (1) Bonds issued under this part shall be authorized by resolution of the board.
2. (2) These bonds shall bear interest at such rate or rates, payable semiannually, may be issued in one (1) or more series, may bear such date or dates, may be in such denomination or denominations, may mature at such time or times, not exceeding fifty (50) years from their respective dates, may be in such form, either coupon or registered, may carry such registration privileges, may be executed in such manner, may be payable in such medium of payment, at such place or places, may be subject to such terms of redemption, with or without premium, may contain such terms, covenants and conditions, and may be declared or become due before the maturity date of the bonds, as such resolution or other resolutions may provide.
3. (3) The bonds may be sold at public or private sale at not less than par.
4. (4) Pending the preparation of the definitive bonds, interim receipts or certificates, in such form and with such provisions as the board may determine, may be issued to the purchaser or purchasers of bonds sold pursuant to this part.
5. (5) These bonds and interim receipts and certificates shall be fully negotiable within the meaning and for all the purposes of the Uniform Commercial Code, compiled in title 47, chapters 1-9.
(b)
1. (1) The bonds bearing the signature of officers in office on the date of the signing of the bonds shall be valid and binding obligations, notwithstanding that before the delivery of the bonds and payment for the bonds any or all of the persons whose signatures appear on the bonds have ceased to be officers of the board.
2. (2) The validity of the bonds shall not be dependent on nor affected by the validity or regularity of any proceedings to acquire the project financed by the bonds or taken in connection with the bonds.

§ 49-3-1106. State approval for bond issuance.

Notwithstanding any other law, neither the board nor any institution that is authorized under this part to borrow money, issue bonds or notes or obtain loans shall do so without first securing the approval of the state school bond authority.

1 Backlink

49-8-106(c)

§ 49-3-1107. Security for bonds.

The board, in connection with the issuance of bonds to acquire any project for an institution or in order to secure the payment of the bonds and interest on the bonds, shall have power by resolution to:
1. (1) Fix and maintain:
  1. (A) Fees, rentals and other charges from students, faculty members and others using or being served by, or having the right to be served by, the project;
  2. (B) Matriculation, hospital, laboratory, athletic, admission and other fees from students, faculty members and others matriculated, attending or employed at the institution, and from the public in general for facilities afforded by the institution, which shall be uniform for all those similarly situated; and
  3. (C) Fees, rentals and other charges from students, faculty members and others using or being served by, or having the right to use, or having the right to be served by, existing buildings, stadia, and other structures at the institutions, which fees, rentals and other charges shall be the same as those applicable to the project and if it is similar in nature and purpose to such existing buildings, stadia and other structures at the institution, there may be allowed reasonable differentials based on the conditions, type, location and relative convenience of the project and the existing buildings, stadia and other structures, but the differentials shall be uniform as to all such students or faculty members and others similarly accommodated;
2. (2) Provide that the bonds shall be secured by a first and paramount lien on the income and revenue, but not the real property of the institution, derived from, and which shall be payable from:
  1. (A) Fees, rentals, and other charges from students, faculty members and others using or being served by, or having the right to use, or having the right to be served by, the project, and any existing buildings, stadia, and other structures; and
  2. (B) Matriculation, hospital, laboratory, athletic, admission and other fees from students, faculty members and others matriculated, attending or employed at the institution, and from the public in general, for the facilities afforded by the institution;
3. (3) Pledge and assign to, or in trust for the benefit of, the holder or holders of the bonds an amount of the income and revenue derived from:
  1. (A) Fees, rentals and other charges from students, faculty members and others using or being served by, or having the right to use, or having the right to be served by, the project, and any existing buildings, stadia and other structures; and
  2. (B) Matriculation, hospital, laboratory, athletic, admission and other fees from students, faculty members and others matriculated, attending or employed at the institution, and from the public in general, for the facilities afforded by the institution, which shall be sufficient to pay when due the bonds issued under this part to acquire the project, and interest on the bonds, and to create and maintain reasonable reserves for the bonds;
4. (4) Covenant with or for the benefit of the holder or holders of the bonds that, so long as any of the bonds remain outstanding and unpaid, the institution will fix, maintain and collect in such installments as may be agreed upon, an amount of the fees, rentals and other charges from students, faculty members and others using or being served by, or having the right to use, or having the right to be served by, the project, and any existing buildings, stadia and other structures that, together with an amount of the matriculation, hospital, laboratory, athletic, admission and other fees from students, faculty members and others matriculated, attending or employed at the institution, and from the public in general, for the facilities afforded by the institution, shall be sufficient to pay when due the bonds and interest on the bonds, and to create and maintain reasonable reserves for the bonds, and to pay the costs of operation and maintenance of the project, including, but not limited to, reserves for extraordinary repairs, insurance and maintenance, which costs of operation and maintenance shall be determined by the board in its absolute discretion;
5. (5) Make and enforce and agree to make and enforce parietal rules that ensure the use of the project by all students in attendance at the institution to the maximum extent to which the project is capable of serving the students, or if the project is designed for occupancy as living quarters for the faculty members, by as many faculty members as may be served by the project;
6. (6) Covenant that so long as any of the bonds remain outstanding and unpaid, it will not, except upon such terms and conditions as may be determined:
  1. (A) Voluntarily create or cause to be created any debt, lien, pledge, assignment, encumbrance or other charge having priority to or being on a parity with the lien of the bonds upon any of the income and revenues derived from fees, rentals and other charges from students, faculty members and others using or being served by, or having the right to use, or having the right to be served by, the project and any existing buildings, stadia and other structures, and from matriculation, hospital, laboratory, athletic admission and other fees from students, faculty members and others matriculated, attending or employed at the institution, and from the public in general, for the facilities afforded by the institution;
  2. (B) Convey or otherwise alienate the project or the real estate upon which the project is located, except at a price sufficient to pay all the bonds then outstanding and interest accrued on the bonds, and then only in accordance with any agreements with the holder or holders of the bonds; or
  3. (C) Mortgage or otherwise voluntarily create or cause to be created any encumbrance on the project or the real estate upon which it is located;
7. (7) Covenant as to the procedure by which the terms of any contract with the holder or holders of the bonds may be amended or abrogated, the amount or percentage of bonds the holder or holders of which must consent to the amendment or abrogation, and the manner in which consent may be given;
8. (8) Invest in a trustee or trustees the right to receive all or any part of the income and revenue pledged and assigned to, or for the benefit of, the holder or holders of the bonds and to hold, apply and dispose of the income and revenue and the right to enforce any covenant made to secure or pay or in relation to the bonds; execute and deliver a trust agreement or trust agreements that may set forth the powers and duties and the remedies available to the trustee or trustees and limiting the liabilities of the trustee or trustees and describing what occurrences constitute events of default, and prescribing the terms and conditions upon which the trustee or trustees or the holder or holders of bonds of any specified amount or percentage of the bonds may exercise such rights and enforce any and all such covenants and resort to such remedies as may be appropriate;
9. (9) Vest in a trustee or trustees or the holder or holders of any specified amount or percentage of bonds the right to apply to any court of competent jurisdiction for and have granted the appointment of a receiver or receivers of the income and revenue pledged and assigned to or for the benefit of the holder or holders of the bonds, which receiver or receivers may have and be granted such powers and duties as the court may order or decree for the protection of the bondholders; and
10. (10) Make covenants with any federal agency to perform any and all acts and to do any and all things as may be necessary or convenient or desirable in order to secure the bonds, or as may in the judgment of the board tend to make the bonds more marketable, notwithstanding that the acts or things may not be enumerated in this section, it being the intention of this section to give the board power to make all covenants, to perform all acts and to do all things, not inconsistent with the constitution of this state, in the issuance of the bonds and for their security, that a private business corporation might do.

§ 49-3-1108. Funds obligated by bonds.

(a)
1. (1) All bonds issued pursuant to this part shall be obligations of the board, payable only in accordance with the terms of the bonds, and shall not be obligations general, special or otherwise of the state.
2. (2) The bonds shall not be a debt of the state, and shall not be enforceable against the state, nor shall payment for the bonds be enforceable out of any funds of the board other than the income and revenue pledged and assigned to, or in trust for the benefit of, the holder or holders of the bonds.
(b) Nothing contained in this part shall be construed to authorize the board to contract a debt on behalf of, or in any way to obligate the state, or to pledge, assign or encumber in any way, or to permit the pledging, assigning, or encumbering in any way of, appropriations made by the general assembly, or revenue derived from the investment of the proceeds of the sale, and from the rental of such lands as have been set aside by legislative enactments of the United States, for the use and benefit of the respective state educational institutions.

§ 49-3-1109. Proceeds of grants and loans.

(a) No moneys derived from the sale of bonds or otherwise borrowed under this part, or received as a grant, shall be required to be paid into the state treasury, but shall be deposited by the treasurer or other fiscal officer of the board in a separate bank account or accounts in such bank or banks or trust company or trust companies as may be designated by the board.
(b) The separate bank account or accounts shall be designated with the name of the institution where the project is acquired.
(c) All deposits of such moneys shall, if acquired by the board, be secured by obligations of the United States, of a market value equal at all times to the amount of the deposit; and all banks and trust companies are authorized to give such security.
(d) The money shall be disbursed as directed by the board and in accordance with the terms of any agreements with the holder or holders of any bonds.
(e) This action shall not be construed as limiting the power of the board to agree in connection with the issuance of any of its bonds, or the receipt of any grant, as to the custody and disposition of the moneys received from the sale of the bonds or as the payment of any such grant or the income and revenue of the institution pledged and assigned to or in trust for the benefit of the holder or holders of the bonds.

§ 49-3-1110. Bondholders' remedies.

Any holder or holders of bonds, including a trustee or trustees for holders of the bonds, shall have the right, in addition to all other rights:
1. (1) By mandamus or other suit, action or proceeding in any court of competent jurisdiction to enforce the holder's or holders' rights against the board and any officer, agent or employee of the board to fix and collect such rentals and other charges adequate to carry out any agreement as to or pledge of fees, rentals or other charges, and require the board and any of its officers, agents or employees to carry out any other covenants and agreements and to perform their duties under this part; and
2. (2) By action to enjoin any acts or things that may be unlawful or a violation of the rights of the holders of bonds.

Part 12 Tennessee State School Bond Authority Act

§ 49-3-1201. Short title.

This part shall be known and may be cited as the “Tennessee State School Bond Authority Act.”

§ 49-3-1202. Part definitions.

As used in this part, unless the context otherwise requires:
1. (1) “Authority” means the Tennessee state school bond authority created by § 49-3-1204;
2. (2) “Board” means the board of trustees of the University of Tennessee or the board of regents of the state university and community college system, or both, as the case may be;
3. (3) “Bonds” and “notes” mean bonds and notes, respectively, issued by the authority pursuant to this part;
4. (4) “Institution” means:
  1. (A) The University of Tennessee system, including all of its branches and divisions wherever located, and the services, programs and activities provided therein, and the board of trustees of the University of Tennessee, in the aggregate; and
  2. (B) The state university and community college system, including all of its constituent institutions wherever located (whether or not conferring degrees), and the services, programs and activities provided therein, and the board of regents of the state university and community college system, in the aggregate;
5. (5) “Loan agreement” means an agreement providing for the authority to loan the proceeds derived from the issuance of bonds, notes or other debt obligations pursuant to this chapter to a local government to be used to pay the cost of one (1) or more qualified zone academy projects;
6. (6) “Local government” means any county, metropolitan government, incorporated city or town or special school district in this state and the state board of education acting on behalf of any special school listed in § 49-50-1001;
7. (7) “Project” means and includes buildings, structures, improvements and equipment of every kind, nature and description, that may be required by or convenient for the purpose of an institution, or a combination of two (2) or more such buildings, structures, improvements and equipment. “Project” also means agricultural land related to educational purposes of an institution purchased from a governmental entity prior to October 1, 2005. “Project” also includes a program of educational loans pursuant to the Tennessee educational loan program established by chapter 4 of this title, and in connection with any such program, “charges” to borrowers includes, without limitation except for insurance premiums assessed by the Tennessee student assistance corporation, interest and other fees payable by or on account of such borrowers upon or in connection with loans made to them by an eligible institution or by the Tennessee student assistance corporation;
8. (8) “School credit bond project” means and includes the acquisition of land for, and the construction, renovation, repair, rehabilitation, improving or equipping of, school facilities for a local government or a public charter school, as defined in § 49-13-104, if such project qualifies to be financed through the issuance of qualified zone academy bonds as defined in [former] § 54E of the Internal Revenue Code of 1986 (26 U.S.C. § 54E [repealed]), or qualified school construction bonds, as defined in [former] § 54F of the Internal Revenue Code of 1986 (26 U.S.C. § 54F [repealed]), or both; and
9. (9) “Tennessee student assistance corporation” or “corporation” means the corporation created by § 49-4-201.

2 Backlinks

§ 49-3-1203. Construction with other statutes.

(a) The powers conferred by this part shall be in addition to the powers conferred by other laws, and the limitations imposed by this part shall not affect the powers conferred by any other law, general or special, and notes and bonds may be issued under this part notwithstanding any other such law and without regard to the procedure required by any other such law. The authority may sell bonds pursuant to the Baccalaureate Education Savings for Tennessee Act, compiled in chapter 7, part 9 of this title.
(b) Insofar as this part is inconsistent with any other law, general or special, this part shall be controlling.

§ 49-3-1204. Composition of authority.

(a)
1. (1) There is created the Tennessee state school bond authority.
2. (2) The authority shall be a corporate governmental agency and instrumentality of this state.
(b)
1. (1) Its membership shall consist of the governor, the state treasurer, the secretary of state, the commissioner of finance and administration, the comptroller of the treasury, the chief executive officer of the state university and community college system and the president of the University of Tennessee.
2. (2) The governor shall serve as chair of the authority and the comptroller of the treasury shall serve as secretary.
(c)
1. (1) The members shall serve without salary, but each member shall be entitled to reimbursement for the member's actual and necessary expenses incurred in the performance of the member's official duties.
2. (2) All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations promulgated by the department of finance and administration and approved by the attorney general and reporter.
(d)
1. (1) The authority and its corporate existence shall continue until terminated by law; provided, that no such law shall take effect so long as the authority has bonds, notes or other obligations outstanding.
2. (2) Upon termination of the existence of the authority, all its rights and properties shall pass to and be vested in the state.
(e)
1. (1) The powers of the authority shall be vested in and exercised by no less than three (3) of the members of the authority.
2. (2) The authority may delegate to one (1) or more of its members or its officers such powers and duties as it may deem proper.
(f)
1. (1) Written minutes covering all meetings and actions of the authority shall be prepared by the secretary of the authority and shall be kept on file, open to public inspection.
2. (2) The minutes and all other records of the authority shall be kept in the office of the comptroller of the treasury.
(g) A member of the authority may designate a member of the member's respective staff to attend meetings of the authority or its committees and to exercise the member's right to vote in the member's absence. The designation must be made in writing addressed to the secretary of the authority specifying the meeting for which the designation is effective and filed with the secretary of state.

2 Backlinks

§ 49-3-1205. Powers and duties generally.

Except as otherwise limited by this part, the authority has the power to:
1. (1) Sue and be sued;
2. (2) Have a seal and alter the seal at pleasure;
3. (3) Make and execute contracts and all other instruments necessary or convenient for the exercise of its powers and functions under this part;
4. (4) Subject to agreements with bondholders or noteholders, make rules and regulations governing the conduct of its meetings and the use and application of its moneys and properties;
5. (5) Borrow money and issue negotiable bonds, notes or other obligations and to provide for the rights of the holders of the bonds, notes and other obligations;
6. (6) Invest any funds held in reserve or sinking funds, or any moneys not required for immediate use or disbursement at the discretion of the authority, in obligations of the state or the United States government or obligations the principal and interest of which are guaranteed by the state or the United States government, obligations of the United States or its agencies under flexible repurchase agreements that are fully collateralized by obligations of the United States or obligations the timely payment of the principal of and interest on that are guaranteed by the United States, the state investment pool as provided in § 9-4-603 and any other investment authorized by the state investment policy adopted by the state funding board pursuant to § 9-4-602;
7. (7) Upon request of a board, finance projects for the institution or institutions governed by the board; upon request by a local government, to finance school credit bond projects; and, upon request of the Tennessee student assistance corporation, to finance projects for the corporation undertaken pursuant to chapter 4 of this title. In connection with projects undertaken pursuant to chapter 4 of this title, the corporation shall be required to present evidence acceptable to the authority, which acceptance shall be conclusive, that adequate funds for these projects are unavailable from private financial institutions;
8. (8) Make and collect such fees and charges, including, but not limited to, reimbursement of all costs of financing by the authority as the authority determines to be reasonable and required;
9. (9) Accept any gifts or grants or loans of funds or financial or other aid in any form from the federal government or any agency or instrumentality of the federal government, from the state or from any other source and to comply, subject to this part, with the terms and conditions thereof;
10. (10) Engage the services of attorneys and consultants on a fee or contract basis for the rendering of professional and technical assistance and advice;
11. (11) Approve or disapprove actions taken under this chapter and chapters 4 and 7-9 of this title by the Tennessee student assistance corporation, the board of regents of the state university and community college system, the energy institute of the University of Tennessee space institute, the board of trustees of the University of Tennessee, or any institution under the jurisdiction of either board with respect to the borrowing of money for any purpose, whether by the issuance of bonds or notes or by any other method;
12. (12) When entering into any contracts or agreements authorized under this chapter, including contracts or agreements providing for liquidity and credit enhancement and reimbursement agreements relating thereto, interest rate swap or exchange agreements, agreements establishing interest rate floors or ceilings or both, other interest rate hedging agreements evidencing a transaction bearing a reasonable relationship to this state and also to another state or nation, agree in the written contract or agreement that the rights and remedies of the parties to the contract or agreement shall be governed by the laws of this state or the laws of such other state or nation; provided, that jurisdiction over the authority against which an action on such a contract or agreement is brought shall lie solely in a court located in this state that would otherwise have jurisdiction of actions brought in contract against the authority; and
13. (13) Do any and all things necessary or convenient to carry out its purposes and exercise the powers expressly given and granted in this part.

§ 49-3-1206. Project financing agreements.

(a)
1. (1) The authority has the power to finance projects for the Tennessee student assistance corporation or for institutions under an agreement or agreements with the corporation or with the board governing the institution for which the project is to be provided, and the corporation and each of the boards shall have the power and authority to undertake such an agreement or agreements.
2. (2) Each such agreement shall provide that the authority shall make available to the corporation or the board that is a party to the agreement, under such terms and conditions as shall be agreed upon in the agreement, such portion or portions of the proceeds of sale of the bonds and notes issued by the authority to finance the project or projects to which the agreement relates as the authority shall determine to be available for the purpose of financing the costs of the project or projects.
(b) The corporation or a board is authorized and empowered, in connection with any agreement undertaken pursuant to this section to which it is a party, and subject to such agreements with third parties as may then exist, to:
1. (1) Pledge or assign to the authority all or any portion of the revenues, fees, rentals and other charges and moneys received or to be received by or for the institution or the corporation for which the project is undertaken pursuant to the agreement, which may be available for the purpose of paying the fees and charges due the authority under the agreement, so that the payment of the fees and charges may be fully secured and protected;
2. (2) Deduct from amounts appropriated by the general assembly for the operation and maintenance of the institution for which the project is undertaken pursuant to the agreement, or from amounts appropriated for the operation of an educational loan program established pursuant to chapter 4 of this title, for which the project is undertaken pursuant to the agreement, and pay to the authority such amount or amounts as may be required to make up any deficiencies in the revenues, fees, rentals and other charges and moneys available to the board or the corporation for the purpose of paying the fees and charges due the authority under the applicable agreement;
  1 Backlink
  - 49-3-1207(c)
3. (3) Set aside reserves and agree to the maintenance, regulation and disposition of the reserves;
4. (4) Agree to limitations on the purpose to which the proceeds of sale of authority notes and bonds may be applied and the manner in which the notes and bonds shall be disbursed and applied and the pledging of such proceeds to secure the payment of authority notes or bonds or of any issue of the notes or bonds;
5. (5) Agree to limitations on the undertaking of additional obligations payable from the revenues, fees, rentals and other charges and moneys of the applicable institution or the corporation with the authority, or with others, and the terms upon which the additional obligations may be undertaken;
6. (6) Upon receipt of any notice of assignment by the authority of the fees and charges payable to the authority under an agreement, recognize and give effect to the assignment, and pay to the assignee the fees and charges then due or that may become due under the agreement that have been so assigned by the authority; and
7. (7) Agree to any other matters, of like or different character, that in any way affect the security or protection of the fees and charges required to be made under the terms of an agreement with the authority.
(c) In order to comply with the terms and provisions of any agreement undertaken by it with the authority pursuant to this section, the Tennessee student assistance corporation, to the extent authorized by other statutes and regulations, or a board shall have power to:
1. (1) Fix and maintain:
  1. (A) Fees, rentals and other charges from students, faculty members and others using or being served by, or having the right to be served by, a project;
  2. (B) Matriculation, hospital, laboratory, athletic, admission and other fees from students, faculty members and others matriculated, attending or employed at an institution, which shall be uniform for all those similarly situated; and
  3. (C) Fees, rentals and other charges from students, faculty members and others using or being served by, or having the right to use, or having the right to be served by, existing buildings, stadia and other structures at the applicable institution, which fees, rentals and other charges shall be uniform for all those similarly situated or accommodated; and
2. (2) Covenant with the authority as to the fixing, maintaining and collecting of the fees, rentals and other charges.
(d)
1. (1) The authority has the power and authority to finance school credit bond projects for a local government under a loan agreement for the sole purpose of enabling the local government or public charter school to benefit from the issuance of qualified zone academy bonds, as defined in [former] § 54E of the Internal Revenue Code of 1986 (26 U.S.C. § 54E [repealed]), or qualified school construction bonds, as defined in [former] § 54F of the Internal Revenue Code of 1986, (26 U.S.C. § 54F [repealed]), or both. The authority shall develop the application and review procedure for the loans and bonds. The authority, and to the extent requested by the authority, the department of education, shall have such other powers as may be necessary and appropriate for the exercise of the powers and duties conferred by this part.
2. (2) Any local government is authorized by resolution of its governing body to enter into such loan agreement with the authority with respect to a school credit bond project upon such terms and conditions as may be determined by the authority pursuant to subdivision (d)(1) in such agreement and by the governing body of such local government, notwithstanding and without regard to the restrictions, prohibitions or requirements of any other law, whether public or private. Counties having a city or cities operating schools independent of the county or having special school districts operating schools independent of the county shall not be required to share proceeds of any loan agreement for a school credit bond project, notwithstanding any other law to the contrary.
3. (3) Each such loan agreement shall provide the terms and conditions under which the authority shall lend to the local government such portion or portions of the proceeds of the sale of the bonds and notes issued by the authority to finance the school credit bond project to which the loan agreement relates. The conditions may include the pledging by the local government of state-shared taxes. The loan may cover cost of issuance.
(e)
1. (1) Whenever, and as often as, a local government enters into a loan agreement with the authority under this chapter, the governing body of the local government shall provide by resolution for the levy and collection of a tax upon all taxable property within the local government sufficient to pay when due all amounts payable under the loan agreement as and when such amounts become due and payable, including all fees and charges due the authority under the loan agreement and, furthermore, to pledge such tax and the full faith and credit of the local government to the payments; provided, that a special school district shall provide for the collection of such a tax upon the levy of the tax by the general assembly. The tax shall be assessed, levied, collected and paid in like manner as other taxes of the local government. The tax shall not be included within any statutory or other limitation of rate or amount for the local government, but shall be excluded from and be in addition to and in excess of the statutory or other limitation of rate or amount for the local government, notwithstanding and without regard to the prohibitions, restrictions or requirements of any other law, whether public or private. There shall be set aside from the tax levy into a special fund an amount sufficient for the payment of the annual amount due under any such loan agreement, and the money in the fund shall be used exclusively for such purpose and shall not be used for any other purpose until such amount has been paid in full.
2. (2) The local government shall have the power and authority by resolution of the governing body of the local government to pledge or assign to the authority all or any portion of such taxes, in addition to its share of the state-shared taxes as the meaning is established by § 4-31-102, that are not otherwise obligated. In the event any local government having entered into a loan agreement pledging state-shared taxes pursuant to this part fails to remit funds in accordance with the payments established by the authority, the commissioner of finance and administration, after notice from the authority of such event, shall, without further authorization, deduct from any state-shared taxes that are otherwise apportioned to the local government the amount required to make the local government current with respect to the unpaid amounts due the authority under the loan agreement and pay such amount to the authority. The authority shall deliver by certified mail to the local government a written notice of the deduction. Furthermore, such local government failing to remit funds in accordance with the payments established by the authority shall levy and assess the additional tax as provided in subdivision (e)(1) necessary to meet the obligation of the local government according to its loan agreement.
3. (3) The local government is authorized to:
  1. (A) Set aside reserves and agree to the maintenance, regulation and disposition of the reserves;
  2. (B) Agree to limitations on the purpose to which the proceeds of the sale of the authority notes and bonds may be applied and the manner in which the proceeds shall be disbursed and applied and the pledging of the proceeds to secure the payment of authority notes or bonds or of any issue of the notes or bonds;
  3. (C) Upon receipt of any notice of assignment by the authority of the fees and charges payable to the authority under a loan agreement, recognize and give effect to the assignment, and pay to the assignee the fees and charges then due or that may become due under the loan agreement that have been so assigned by the authority; and
  4. (D) Agree to any other matters of like or different character that in any way affect the security or protection of the fees and charges required to be made under the terms of an agreement with the authority.
4. (4) The state board of education, jointly with the state funding board, may enter into a loan agreement with the authority under this chapter and title 9, chapter 9.

1 Backlink

49-9-1408

§ 49-3-1207. Issuance of bonds and notes.

(a)
1. (1) Subject to this part, the authority shall have power and is authorized from time to time to issue its negotiable bonds and notes in such principal amount, as, in the opinion of the authority, is necessary to provide sufficient funds for achieving its corporate purposes, including the financing of projects, the financing of school credit bond projects, the payment of interest on bonds and notes of the authority, the establishment of reserves to secure the bonds and notes and all other expenditures of the authority incident to and necessary or convenient to carry out its corporate purposes and powers.
2. (2) The authority shall have the power, from time to time, to issue renewal notes, to issue bonds to pay notes and, whenever it deems refunding expedient, to refund any bonds by the issuance of new bonds, whether the bonds to be refunded have or have not matured, and to issue bonds partly to refund bonds then outstanding and partly for any other purpose. The refunding bonds shall be sold and the proceeds applied to the purchase, redemption or payment of the bonds to be refunded.
3. (3) Except as may otherwise be expressly provided by the authority, every issue of its notes or bonds shall be general obligations of the authority payable out of any revenues or moneys of the authority, subject only to any agreements with the holders of particular notes or bonds pledging any particular receipts or revenues.
4. (4) Whether or not the notes or bonds are of such form and character as to be negotiable instruments under the Uniform Commercial Code, compiled in title 47, chapters 1-9, the notes or bonds shall be and are made negotiable instruments within the meaning of and for all the purposes of the Uniform Commercial Code, subject only to the notes or bonds for registration.
(b)
1. (1) The notes and bonds shall be authorized by resolution of the members, shall bear such date or dates, and shall mature at such time or times, in the case of any such note, or any renewals of the note, not exceeding eight (8) years, from the date of issue of the original note, and in the case of any such bond not exceeding fifty (50) years from the date of issue, as the resolution or resolutions may provide.
2. (2) The notes and bonds shall bear interest at such rate or rates, including at a zero (0) rate, be in such denominations, be in such form, either coupon or registered, carry such registration privileges, be executed in such manner, be payable in such medium of payment, at such place or places and be subject to such terms of redemption as such resolution or resolutions may provide.
3. (3) The notes and bonds of the authority may be sold by the authority, at public or private sale, at such price or prices as the authority shall determine.
(c) If the board has entered into a project financing agreement with the authority containing an agreement pursuant to § 49-3-1206(b)(2) to deduct from amounts appropriated by the general assembly for the operation and maintenance of the institution and pay to the authority the amount required to make the board current with respect to unpaid fees and charges, and has failed to pay fees and charges to the authority when due, then the commissioner of finance and administration, after notice from the authority of such event, shall deduct from the amounts appropriated by the general assembly for the operation and maintenance of the institution the amount required to make the board current with respect to the unpaid fees and charges due the authority under the project financing agreement and pay such amount to the authority.
(d) Any resolution or resolutions authorizing any notes or bonds or any issue of notes or bonds may contain provisions, which shall be a part of the contract with the holders of the notes or bonds, as to:
1. (1) Pledging all or any part of the fees and charges made or received by the authority, and other moneys received or to be received, to secure the payment of the notes or bonds or of any issue of the notes or bonds, subject to such agreements with bondholders or noteholders as may then exist;
2. (2) Pledging all or any part of the assets of the authority to secure the payment of the notes or bonds or of any issue of the notes or bonds, subject to such agreements with noteholders or bondholders as may then exist;
3. (3) The setting aside of reserves or sinking funds and the regulation and disposition of the reserves or sinking funds;
4. (4) Limitations on the purpose to which the proceeds of sale of notes or bonds may be applied and pledging the proceeds to secure the payment of the notes or bonds or of any issue of the notes or bonds;
5. (5) Limitations on:
  1. (A) The issuance of additional notes or bonds;
  2. (B) The terms upon which additional notes or bonds may be issued and secured; and
  3. (C) The refunding of outstanding or other notes or bonds;
6. (6) The procedure, if any, by which the terms of any contract with noteholders or bondholders may be amended or abrogated, the amount of notes or bonds the holders of which must consent to the amendment or abrogation, and the manner in which consent may be given;
7. (7) Limitations on the amount of moneys to be expended by the authority for operating, administrative or other expenses of the authority;
8. (8) Vesting in a trustee or trustees such property, rights, powers and duties in trust as the authority may determine, which may include any or all of the rights, powers and duties of the trustee appointed by the bondholders pursuant to this part, and limiting or abrogating the right of the bondholders to appoint a trustee under this part or limiting the rights, powers and duties of the trustee; or
9. (9) Any other matters, of like or different character, that in any way affect the security or protection of the notes or bonds.
(e)
1. (1) It is the intention of this section that:
  1. (A) Any pledge made by the authority shall be valid and binding from the time the pledge is made;
  2. (B) The moneys or property so pledged and thereafter received by the authority shall immediately be subject to the lien of the pledge without any physical delivery thereof or further act; and
  3. (C) The lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the authority, regardless of whether the parties have notice thereof.
2. (2) Neither the resolution nor any other instrument by which a pledge is created need be recorded.
(f) Neither the members of the authority nor any person executing the notes or bonds shall be liable personally on the notes or bonds or be subject to any personal liability or accountability by reason of the issuance of the notes or bonds.
(g) The authority, subject to such agreements with noteholders or bondholders as may then exist, shall have power, out of any funds available for the purchase of the notes or bonds, to purchase notes or bonds of the authority, which shall thereupon be cancelled, at a price not exceeding:
1. (1) If the notes or bonds are then redeemable, the redemption price then applicable plus accrued interest to the next interest payment date on the notes or bonds; or
2. (2) If the notes or bonds are not then redeemable, the redemption price applicable on the first date after such purchase upon which the notes or bonds become subject to redemption plus accrued interest to such date.
(h) The state shall not be liable on notes or bonds of the authority and the notes and bonds shall not be a debt of the state; and the notes and bonds shall contain on the face of the notes and bonds a statement to that effect.
(i) Bonds or notes issued pursuant to this part to provide funds to make educational loans may be issued in a principal amount not to exceed five million dollars ($5,000,000) and shall be issued and secured separate and apart from any bonds or notes of the authority issued pursuant to this part to provide funds to finance other projects for institutions.
(j)
1. (1) The state does pledge to and agree with the holders of any notes or bonds issued under this part that the state will not limit or alter the rights vested in the authority to fulfill the terms of any agreements made with the holders of the notes or bonds, or in any way impair the rights and remedies of the holders until the notes or bonds, together with the interest on the notes or bonds, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceeding by or on behalf of the holders, are fully met and discharged.
2. (2) The authority is authorized to include this pledge and agreement of the state in any agreement with the holders of the notes or bonds.
(k) For the enforcement of any loan agreement, the authority shall have all remedies provided to bondholders pursuant to § 9-21-216 with respect to the local governments as defined by § 49-3-1202.
(l) With respect to all or any portion of any issue of bonds issued or anticipated to be issued under this part, the authority may authorize and enter into interest rate swap or exchange agreements, agreements establishing interest rate floors or ceilings or both, and other interest rate hedging agreements and options in respect to the bonds, from time to time and under such terms and conditions as the authority may determine, including, without limitation, provisions permitting the authority to pay to or receive from any person or entity for any loss of benefits under the agreement upon early termination of the agreement or default under the agreement.
(m) The authority may enter into an agreement to sell its bonds under this part providing for delivery of its bonds not more than five (5) years, or such greater period of time if approved by the comptroller of the treasury, from the date of execution of the agreement or in the case of refunding bonds the earlier of the first date on which the bonds being refunded can be optionally redeemed resulting in cost savings or be optionally redeemed at par.
(n) For the purpose of ensuring that the bonds or notes issued after March 8, 2016, pursuant to this part maintain their tax-exempt status as may be provided by the Internal Revenue Code of 1986 (26 U.S.C.), as amended, no state officer or employee or user of a project or school credit bond project shall authorize or allow any change, amendment, or modification to a project or school credit bond project financed or refinanced with the proceeds of such bonds or notes which change, amendment, or modification would affect the tax-exempt status of such bonds or notes unless the change, amendment, or modification receives the prior approval of the office of state and local finance in the office of the comptroller of the treasury and the authority. Failure to receive such approval shall render any change, amendment, or modification null and void.

§ 49-3-1208. Bondholders' remedies.

(a) In the event that the authority defaults in the payment of principal of or interest on any issue of notes or bonds after the notes or bonds become due, whether at maturity or upon call for redemption, and the default continues for a period of thirty (30) days, or in the event the authority fails or refuses to comply with this part, or defaults in any agreement made with the holders of any issue of notes or bonds, the holders of twenty-five percent (25%) in aggregate principal amount of the notes or bonds of the issue then outstanding, by instrument or instruments filed in the office of the comptroller of the treasury and approved or acknowledged in the same manner as a deed to be recorded, may appoint a trustee to represent the holders of the notes or bonds for the purposes provided in this part.
(b) The trustee may, and upon written request of the holders of twenty-five percent (25%) in principal amount of the notes or bonds then outstanding shall, in the trustee's own name:
1. (1) By suit, action or proceeding at law or in equity in any court of competent jurisdiction, enforce all rights of the noteholders or bondholders, including the right to require the authority to collect fees and charges adequate to carry out any agreement as to, or pledge of, the fees and charges and other properties and to require the authority to carry out any other agreements with the holders of the notes or bonds and to perform its duties under this part;
2. (2) Bring suit upon the notes or bonds;
3. (3) By action or suit, require the authority to account as if it were the trustee of an express trust for the holders of the notes or bonds;
4. (4) By action or suit, enjoin any acts or things that may be unlawful or in violation of the rights of the holders of the notes or bonds; and
5. (5) Declare all of the notes or bonds due and payable, and if all defaults are made good, then, with the consent of the holders of twenty-five percent (25%) of the principal amount of the notes or bonds then outstanding, to annul the declaration and its consequences.
(c) The trustee shall, in addition to the powers provided in subsection (b), have and possess all of the powers necessary or appropriate for the exercise of any functions specifically set forth in this part or incident to the general representation of bondholders or noteholders in the enforcement and protection of their rights.

§ 49-3-1209. Bonds tax exempt.

The state covenants with the purchasers and all subsequent holders and transferees of notes and bonds issued by the authority, in consideration of the acceptance of and payment for the notes and bonds, that the notes and bonds of the authority, issued pursuant to this part, and the income from the notes and bonds, and all its fees, charges, gifts, grants, revenues, receipts and other moneys received or to be received, pledged to pay or secure the payment of the notes or bonds, shall at all times be free from taxation by the state or any county, municipality or political subdivision of the state, except for estate and gift taxes and taxes on transfers.

§ 49-3-1210. Delegation of authority to agency.

(a) The state designates the authority as the state education agency within the meaning of § 54E(c)(2) of the Internal Revenue Code of 1986 (26 U.S.C. § 54E(c)(2)), and delegates to the agency the authority to allocate on behalf of the state the national zone academy bond limitation allocated to the state among the state, local governments and public charter schools in any manner that the authority determines best supports public education in the state, and directs the authority to adopt such rules and regulations with respect to the allocation process as it deems necessary or appropriate.
(b) The state delegates to the agency the authority to allocate on behalf of the state the limitation amount allocated to the state under [former] § 54F(d)(1) of the Internal Revenue Code of 1986 (26 U.S.C. § 54F(d)(1) [repealed]), and any limitation amount allocated to a Tennessee large local education agency within the meaning of [former] § 54F(d)(2)(E) of the Internal Revenue Code of 1986 (26 U.S.C. § 54F(d)(2)(E) [repealed]), and reallocated by such large local education agency to the state pursuant to [former] § 54F(d)(2)(D) of the Internal Revenue Code of 1986 (26 U.S.C. § 54F(d)(2)(D) [repealed]), among the state, local governments and public charter schools in any manner that the authority determines best supports public education in the state, and directs the authority to establish procedures with respect to the allocation process as it deems necessary or appropriate.

1 Backlink

48-101-301(15)(C)

§ 49-3-1211. Sharing of proceeds of county school credit bonds not required.

Notwithstanding anything in this chapter to the contrary, counties having a city or cities operating schools independently of the county or having special school districts operating schools independently of the county shall not be required to share proceeds of any county school credit bonds.

§ 49-3-1212. Exclusive power of authority to issue bonds for school credit bond project.

The authority shall have power and is authorized to issue its negotiable bonds for a school credit bond project, as such term is defined in § 49-3-1202. Bonds for school credit bond projects may be issued only by the authority.

Part 20 Tennessee Intercollegiate State Legislature Foundation

§ 49-3-2001. Legislative findings.

The general assembly finds that the Tennessee Intercollegiate State Legislature Foundation, a 501(c)(3) corporation, serves and benefits this state and the students of its private and public colleges and universities by conducting educational programs on the legislative process and current public issues for college students, by providing them with opportunities for leadership in debate and discussion of such issues and by publishing research on public issues; and further, that the organization is directly related to the functions of government.

§ 49-3-2002. Eligibility to receive appropriations — Disposition of funds.

(a) The Tennessee Intercollegiate State Legislature Foundation is eligible to receive appropriations for its endowment fund from the state general fund subject to the following conditions:
1. (1) Neither an appropriation nor the income from an appropriation may be spent for any organization other than the Tennessee Intercollegiate State Legislature (TISL);
2. (2) Any appropriation shall be returned to the state general fund if the TISL general assembly fails to meet in any three (3) consecutive school years;
3. (3) Any appropriation shall be released to the foundation only as a dollar-for-dollar match of private contributions to the endowment fund; and
4. (4) Any appropriation shall not revert to the general fund at the end of any fiscal year prior to December 31, 2012, but shall be carried over from year-to-year for the purpose of accomplishing this part.
(b) It is the legislative intent that any funds appropriated to TISL be used by the foundation to eliminate fees paid by colleges and universities to participate in TISL.

§ 49-3-2003. Free or discounted services to the Tennessee Intercollegiate State Legislature Foundation.

State agencies may provide free and discounted services to the Tennessee Intercollegiate State Legislature Foundation to support its mission of education, leadership and public research; provided, however, that any cost associated with the operation of the chambers of the senate and the house of representatives shall be borne by the Tennessee Intercollegiate State Legislature Foundation.

Chapter 4 Financial Aid

Part 1 Cooperative Scholarship Plans

§ 49-4-101. Part definitions.

As used in this part, unless the context otherwise requires:
1. (1) “Commissioner” means the commissioner of commerce and insurance;
2. (2) “Corporation” means a corporation or association not for profit authorized to administer a plan in the state;
3. (3) “Fiscal year” means the period beginning January 1 and ending December 31 of each year;
4. (4) “Member” means any person who is accepted as a member by the plan and who may later become eligible for a scholarship as provided in the charter and bylaws of the plan;
5. (5) “Plan” means any educational cooperative plan or scholarship plan subject to this part;
6. (6) “Recipient of scholarship” means any member who has been granted a scholarship by the plan;
7. (7) “Scholarship” means educational benefits payable pursuant to a plan which shall not be deemed to be distribution of income to a member of a corporation; and
8. (8) “Trustee of member” means the person or persons, including corporations, partnerships or other entities, that, on behalf of a minor, executes an application for membership in the plan.

§ 49-4-102. Plans subject to law.

(a) Any educational cooperative plan or scholarship plan shall be deemed a plan subject to this part if the principal features of the plan consist of:
1. (1) Participation by a specific person based on contributions made on behalf of that person; and
2. (2) Qualification for participation in whole or in part based upon amount and duration of the contribution.
(b) Any person, firm, corporation or corporation for profit may advertise or solicit funds for the plans if employed by the corporation not for profit; provided, that the person, firm, corporation or corporation for profit complies fully with the provisions set out in this part.

§ 49-4-103. Regulation of plans.

(a) The commissioner is authorized to regulate the operation and administration of any plan or plans, as provided in this section, and to adopt and promulgate reasonable regulations as necessary to the exercise of the powers vested in the commissioner. In the adoption of regulations, the commissioner shall give paramount consideration to the safeguarding of funds and the protection of scholarship recipients.
(b) No plan shall be approved by the commissioner that does not comply with regulations relating to the following:
1. (1) Rights to withdrawal of principal investment;
2. (2) Enrollment fees and dues in an amount reasonably necessary to administer the plan as determined by the commissioner and pursuant to recommendation of the board of directors of the nonprofit corporation;
  1 Backlink
  - 49-4-108(a)(1)
3. (3) Incorporation and qualification with the secretary of state by a corporation;
4. (4) Security of funds for scholarships;
5. (5) Qualifications of institutions in which scholarships may be granted;
6. (6) Maximum duration of scholarship;
7. (7) Scholastic achievement as qualification for commencement or continuation of scholarship not exceeding average passing grade in institution;
8. (8) Amount of contributions and duration necessary to participation in benefits of plan;
9. (9) Good moral character of management personnel; and
10. (10) Voting rights of members or trustees of members.

§ 49-4-104. Unauthorized solicitation or advertising.

It is unlawful for any person, firm, corporation or corporation for profit to:
1. (1) Solicit funds for the operation of any plan, except as provided in this part; or
2. (2) Advertise any plan prior to the approval of the advertisement by the commissioner, to prevent material misrepresentation of law or fact with regard to the plan.

§ 49-4-105. Corporations administering plans.

(a) Any five (5) or more persons may, pursuant to title 48, chapters 51-68, form a corporation not for profit for the purpose of establishing, maintaining and operating a plan or plans subject to regulation under this part. Every corporation so organized and licensed under this part shall be deemed to be a charitable and benevolent institution.
(b) Each corporation shall have all the powers provided by law for corporations not for profit not inconsistent with this part, but the exercise of such powers shall be subject to the approval of the commissioner where, in the opinion of the commissioner, any such exercise of powers may impair or interfere with the ability of the corporation properly to execute, administer or operate any of the plans approved by the commissioner.
(c) The charter of each corporation shall provide for a board of directors of no fewer than seven (7) persons.
(d) The dissolution or liquidation of any corporation shall be under the supervision of the commissioner and pursuant to regulations promulgated by the commissioner for the protection of members and trustees of members. The commissioner shall have the same powers in connection with the dissolution or liquidation of the corporation granted the commissioner under the laws respecting the dissolution and liquidation of insurance companies.

§ 49-4-106. Participation by financial institutions.

All banks and trust companies, industrial savings banks, building and loan associations and savings and loan associations are authorized to participate in scholarship plans operating under this part.

§ 49-4-107. Certificate of authority.

(a)
1. (1) No corporation shall commence or continue operation in this state or advertise any plan subject to regulation under this part prior to the issuance to it of a certificate of authority by the commissioner.
2. (2) Applications for a certificate of authority shall be made on forms prescribed by the commissioner and shall contain such information as the commissioner deems necessary to determine compliance with this part and regulations adopted pursuant to this part.
(b)
1. (1) Applications shall be accompanied by such supplemental data as the commissioner requires, including, but not limited to:
  1. (A) A charter certified by the secretary of state, together with all amendments to the charter as of the date of the certification;
  2. (B) The bylaws of the corporation;
  3. (C) The proposed plan or plans for payment of scholarships;
  4. (D) Copies of membership certificates, applications and other documents to be used in connection with the operation and administration of the plan;
  5. (E) A financial statement of the corporation; and
  6. (F) The names and addresses of officers and directors of the corporation.
2. (2) All such data shall be submitted under oath, to be prescribed by the commissioner, taken and subscribed by two (2) officers of the corporation that the facts are true and that documents submitted are truly representative and in use or to be put in use. Proposed changes in the charter, bylaws or forms used, including contracts with educational institutions, shall be submitted to the commissioner for the commissioner's approval at least ten (10) days before the proposed change or use.
(c) The commissioner shall issue a certificate of authority to each qualified applicant if the commissioner finds that:
1. (1) The applicant has been organized bona fide for the purpose of establishing, maintaining and operating a nonprofit plan in accordance with regulations promulgated by the commissioner;
2. (2) The plan is fair and reasonable and actuarially capable of providing all or a substantial portion of the educational scholarship needs of members in accordance with representations contained in the plan;
3. (3) The operation of the plan complies with § 49-4-108 and regulations of the commissioner respecting the security of scholarship funds; and
4. (4) The applicant has paid a filing fee of ten dollars ($10.00), which fee shall be deposited in the general revenue fund unallocated.

§ 49-4-108. Deposit of funds.

(a)
1. (1) All scholarship funds shall be deposited in special funds or trust funds established for the purpose of depositing all funds, contributions, donations, pledged earnings, interest, income and dividends, except enrollment fees and dues as set forth in § 49-4-103(b)(2), to be used exclusively and solely for scholarships and educational benefits for members found eligible and uses set out in the plan.
2. (2) The deposits or payments into the special funds or trust funds, and disbursements out of the funds, shall not be subject to levy, attachment or garnishment on account of any debts or liabilities of the corporation or of any member, trustee of member or recipient.
3. (3) The special fund is to be deposited in and managed by an insured bank or banks having trust powers, as trustees.
(b) The trustees shall be selected or appointed by the corporation and approved by the commissioner.
(c) The commissioner is authorized to adopt regulations respecting such security by the depository that is necessary for the protection of the funds and to assure their availability for the purposes set forth in the plan or plans under which the moneys are received.
(d) Operating capital of the corporation shall not be deemed trust funds. Operating capital shall consist of enrollment fees and annual dues of members. Advancements to the corporation for working capital shall be deemed operating capital repayable from the fees and dues only.

1 Backlink

49-4-107(c)(3)

§ 49-4-109. Financial statements and examinations.

(a) Each corporation shall annually, on or before March 1 after the end of the fiscal year, file with the commissioner a statement showing the financial condition of the corporation as of the last day of the fiscal year in the form and containing the information the commissioner requires. The report shall be verified by a certified public accountant or be submitted under oath subscribed by two (2) officers of the corporation.
(b) The commissioner shall have the power of visitation and examination into the affairs of the corporation. All of the books and records of the corporation shall be available to the commissioner for examination by the commissioner. The commissioner and any deputy shall have the power to summon and examine under oath any person in relation to the affairs, transactions and conditions of any corporation and to require the production of books, records, papers and other documents relating to any of the activities of the corporation. The corporation shall pay for the examinations the fees prescribed by the commissioner, which shall not be less than one hundred dollars ($100).

§ 49-4-110. Revocation of authorization.

The commissioner shall have the power to revoke the certificate of authority or bring proceedings for the dissolution or liquidation of a corporation pursuant to regulations promulgated by the commissioner relating to notice, hearing and opportunity for review, whenever the commissioner finds that:
1. (1) The corporation is being operated for profit;
2. (2) The affairs of the corporation are being fraudulently conducted;
3. (3) The corporation is guilty of a violation of any of this part;
4. (4) The certificate of authority was obtained by fraud;
5. (5) The corporation is guilty of false or misleading advertising;
6. (6) Trust funds have been or are being used for purposes other than scholarships;
7. (7) There has been a material variance between any plan or plans as filed with the commissioner and the actual administration of the plan or plans to the detriment of any member, trustee of member or class of member;
8. (8) The corporation has willfully failed to file reports required by the commissioner pursuant to this part; or
9. (9) The corporation has refused or prevented examination of its books and records by the commissioner.

§ 49-4-111. Tax exemption.

Every corporation holding a certificate of authority under this part and its officers, agents and solicitors shall be exempt from the payment of any occupational license taxes levied by virtue of any of its activities or those of its officers, agents or solicitors authorized under this part.

§ 49-4-112. Violations — Penalties.

(a) Any person, firm or corporation that violates this part commits a Class C misdemeanor.
(b) The willful making of any false and material statement on any report to or required by the commissioner constitutes perjury and is punishable as perjury.

Part 2 Tennessee Student Assistance Corporation — General Provisions

§ 49-4-201. Creation.

There is created a nonprofit corporation, which shall be known as the Tennessee student assistance corporation, to administer student assistance programs authorized by law, which corporation shall be registered with the secretary of state, and shall be subject to the corporate laws of this state, except as provided in parts 2, 3, and 6-9 of this chapter.

1 Backlink

49-3-1202(9)

§ 49-4-202. Board of directors.

(a) The Tennessee student assistance corporation is governed by a board of directors consisting of the governor, the commissioner of education, the state treasurer, the comptroller of the treasury, the commissioner of finance and administration, the president of the Tennessee Independent Colleges and Universities Association, the president of the Tennessee Proprietary Business School Association, the president of the University of Tennessee, the chancellor of the board of regents, the president of the Tennessee Association of Student Financial Aid Administrators, two (2) students enrolled in an institution of higher education in Tennessee, and three (3) private citizens involved in the field of education, but not employed by or professionally affiliated with any institution of higher education in the state.
(b)
1. (1) The three (3) private members of the board shall be appointed by the governor for three-year terms and shall be eligible for reappointment.
2. (2) All appointments of citizen members made subsequent to the expiration of the initial terms shall be for three (3) years. In appointing citizen members to the board, the governor shall strive to ensure that at least one (1) private citizen serving on the board is sixty (60) years of age or older and that at least one (1) private citizen serving on the board is a member of a racial minority.
3. (3) Vacancies created by the death or resignation of the student member or any of the three (3) private members of the board shall be filled by gubernatorial appointment for the remainder of the unexpired term.
(c)
1. (1) The student members shall be enrolled full-time in public or private institutions of higher education in Tennessee.
2. (2) The student member shall be or have been a recipient of financial aid from one (1) or more of the programs administered by the Tennessee student assistance corporation.
3. (3) One (1) student member shall be selected by the governor each year. The governor may select from candidates produced by the following procedures:
  1. (A) On or before September 1 of each year, the Tennessee Intercollegiate State Legislature Foundation shall notify its members, the presidents of eligible colleges or universities, and the student government organizations of all institutions with eligible students, that students may apply to run in a general election at the Tennessee Intercollegiate State Legislature annual general assembly. The candidates shall alternate between public and private institutions each year. The Tennessee Intercollegiate State Legislature shall conduct the election pursuant to its constitution and rules of order and shall be responsible for funding the election;
  2. (B) On April 1, the Tennessee Intercollegiate State Legislature shall present the governor with the names of the three (3) candidates with the most votes from the general election. The governor may select one (1) student from the three (3) candidates. The presidents of the eligible colleges and universities shall be notified by the Tennessee Intercollegiate State Legislature of the outcome of the election and subsequent appointment.
4. (4) The governor shall appoint the selected student to the board for a term of two (2) years. The student shall be a nonvoting member for the fiscal year beginning July 1 immediately following the student's appointment. After the student has served on the board as a nonvoting member for one (1) year, the student shall serve the second year of the student's term as a voting member.
5. (5) If a vacancy is created by the death or resignation of the voting student member, the nonvoting student member shall fill the vacancy. If a vacancy is created by the death, resignation, or promotion of the nonvoting member, the vacancy shall be filled by gubernatorial appointment for the remainder of the unexpired term.
6. (6) Notwithstanding subdivisions (c)(2) and (3) to the contrary, to establish two-year staggered terms for the student members, the governor may select two (2) students from the six (6) candidates. Three (3) candidates shall be from private institutions and three (3) candidates shall be from public institutions. The candidates shall be chosen according to the procedures of subdivision (c)(2). The governor shall appoint one (1) student from a private institution as a voting member to a one-year term beginning on July 1, 2012. The governor shall appoint one (1) student from a public institution to a two-year term beginning on July 1, 2012, according to subdivision (c)(3).
(d) The governor, the commissioner of education, the state treasurer, the comptroller of the treasury, the commissioner of finance and administration, the president of the University of Tennessee, the president of the Tennessee Proprietary Business School Association, the president of the Tennessee Association of Student Financial Aid Administrators, and the chancellor of the board of regents are authorized to designate an alternate representative who shall have full authority to vote and participate in all other activities of the board under parts 2, 3, and 6-9 of this chapter. The designations must be made in writing to the chair of the board of directors, with copies filed with the executive director and with the secretary of state. The board of directors has the authority to issue regulations implementing provisions concerning designations in such a manner as to provide for maximum continuity of representation.
(e) The board shall elect its own chair.
(f) All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
(g) The executive director of the Tennessee higher education commission, appointed pursuant to § 49-7-205, shall serve as the executive director of the Tennessee student assistance corporation and shall have the responsibility, including employment of other personnel, to carry out the purposes of parts 2, 3, and 6-9 of this chapter.
(h) The Tennessee student assistance corporation is authorized and empowered to expend for the necessary administration of parts 2, 3, and 6-9 of this chapter any funds appropriated, received or allocated for the purposes of parts 2, 3, and 6-9 of this chapter.

2 Backlinks

§ 49-4-203. Purpose and duties.

It is the purpose and duty of the Tennessee student assistance corporation to:
1. (1)
  1. (A) Administer the provisions under law of state awards of financial assistance programs to students who are residents of this state under the terms and conditions prescribed in this part and in parts 3 and 6-9 of this chapter;
  2. (B) Review and evaluate the administration of each financial assistance program at participating postsecondary institutions to ensure the programs are administered pursuant to applicable laws, rules, and regulations;
2. (2)
  1. (A) Receive any gifts, contributions and donations from groups or individuals or from corporations or foundations or from Tennessee student assistance corporation program-generated revenues and administer those funds in accordance with rules and regulations promulgated by the corporation;
  2. (B) The Tennessee student assistance corporation shall have authority to establish endowments for the purpose of funding scholarships and name scholarships or programs funded pursuant to gifts, contributions, or donations received pursuant to subdivision (2)(A) for distinguished United States citizens;
  3. (C) All funds received pursuant to subdivision (2)(A) shall be invested as directed by the state treasurer in investments, including, but not limited to, the state pooled investment fund established by § 9-4-603 and the intermediate-term investment fund established by § 9-4-608 for the benefit of the programs established pursuant to subdivision (2)(A).
3. (3) Administer the loan and loan scholarship programs established under parts 2, 3, and 6-9 of this chapter;
4. (4)
  1. (A) Administer the Tennessee academic scholars program for students enrolled in an eligible program of study, as defined in § 49-4-902, and in accordance with guidelines approved by the Tennessee student assistance corporation;
  2. (B) All funds appropriated for the Tennessee academic scholars program shall be placed in an endowment fund, the income from which shall be used to provide scholarships for superior students in accordance with program guidelines established pursuant to subdivision (4)(A). The corpus of the endowment shall not be expended. Public and private institutions will participate and will match program funds on a dollar-for-dollar basis. Matching funds may be, but are not required to be, placed into the endowment;
  3. (C) The Tennessee academic scholars program endowment shall be invested as directed by the state treasurer in investments, including, but not limited to, the state pooled investment fund established by § 9-4-603 and the intermediate-term investment fund established by § 9-4-608; and
5. (5) Carry out the other purposes of parts 2, 3, and 6-9 of this chapter.

§ 49-4-204. Promulgation of rules.

The Tennessee student assistance corporation is authorized and directed to promulgate rules governing the making of awards of financial assistance to students that the corporation deems necessary to carry out and to make effective the purposes of parts 2, 3, and 6-9 of this chapter.

§ 49-4-205. [Reserved]

§ 49-4-206. Investment and deposit of funds.

(a) The Tennessee student assistance corporation is authorized and empowered to:
1. (1) Invest and reinvest any funds of the corporation in treasury notes, bonds or other securities of the United States, or bonds of this state; and
2. (2) Deposit on interest any funds of the corporation in a bank or banks in this state, in which bank or banks the deposits are guaranteed by the federal deposit insurance corporation or collateralized in compliance with § 9-4-105, applicable to deposits of public funds.
(b) Any interest or other earnings received by the corporation shall be added to and shall be made a part of the funds and assets of the corporation.

§ 49-4-207. Requests for appropriations.

Requests for appropriations to support the programs of the Tennessee student assistance corporation mentioned in this part shall be presented to the higher education commission and, in the form and to the extent approved by the higher education commission, shall be submitted to the governor for consideration and inclusion in the budget document for the next fiscal year.

§ 49-4-208. Employee benefits.

The employees of the Tennessee student assistance corporation shall be entitled to the same employee benefits as state employees. The required employees' contributions shall be paid by the participating employees, and the employers' contributions and any other costs shall be paid by the Tennessee student assistance corporation rather than by the funds of the state.

§ 49-4-209. State financial aid to be applied to tuition and room and board.

Notwithstanding any law to the contrary, all state financial aid granted to students, whether in the form of a grant or loan, shall be first applied to tuition, room and board and the excess, if any, shall be distributed to the recipient.

§ 49-4-210. [Reserved]

§ 49-4-211. [Reserved]

§ 49-4-212. Tennessee Teaching Scholars Act.

(a) This section shall be known and may be cited as the “Tennessee Teaching Scholars Act.”
(b) The Tennessee student assistance corporation shall administer the Tennessee teaching scholars program for exemplary students who desire to enter the teaching force in this state. Participation in this program is limited to college juniors, seniors and post baccalaureate candidates admitted to teacher education programs in this state and who pledge to teach in Tennessee public schools for up to four (4) years.
(c)
1. (1) The Tennessee student assistance corporation, in conjunction with the state board of education and the Tennessee higher education commission, is authorized to promulgate rules and regulations for the management of the program and the selection of recipients, taking into consideration such factors as the academic record of the applicant, teacher shortage in subject areas and the balance of majority/minority representation in the teaching force. The Tennessee student assistance corporation shall provide the department of education with rosters of program participants completing teacher education programs and their areas of teaching endorsements. The department shall use these rosters for assisting in job placement and in considering waiver requests from LEAs.
2. (2) All scholarship loans shall be evidenced by notes made payable to the corporation that shall bear interest at the rate of nine percent (9%) per year beginning September 1 after completion of the program, or immediately after termination of the scholarship loan, whichever is earlier. The scholarship loan may be terminated by the recipient's withdrawing from school or by the recipient's not meeting the standards set by the corporation.
(d)
1. (1) Each program award shall be renewable up to three (3) times, contingent upon satisfactory academic performance. Persons receiving program awards who become public school teachers in this state shall receive forgiveness of the program award balance based on one (1) year's teaching service for each year an award was made. Any program award balance not forgiven in the manner prescribed in this subdivision (d)(1) shall be paid with interest by the recipient.
2. (2) The corporation shall also forgive the loan if, within seven (7) years after graduation, the recipient teaches for three (3) consecutive years, unless the recipient takes an approved leave of absence, at a Tennessee public school in a local school administrative unit that, at the time the recipient accepts employment with the unit, is a high priority school system or is on warning status as defined by the commissioner or board of education. The corporation shall also forgive the loan if it finds that it is impossible for the recipient to teach for four (4) years, within seven (7) years after graduation, at a Tennessee public school because of the death or permanent disability of the recipient.
(e) This program shall be available for participants who meet the eligibility criteria and complete an initial application no later than August 1, 2020, or a renewal application by the deadline published on the corporation's website each year thereafter. The availability of scholarship loans is subject to appropriation of funds in each year's general appropriations act.

Part 3 Tennessee Student Assistance Corporation — Student Assistance Awards

§ 49-4-301. Program established — Eligibility.

(a) There is established the Tennessee student assistance program, which shall be administered by the Tennessee student assistance corporation, referred to in this part as TSAC, under the following terms and conditions:
1. (1) TSAC shall make awards of nonrepayable financial assistance, from funds appropriated for that purpose, directly to needy undergraduate students who:
  1. (A) Are residents of this state, as defined by regulations promulgated by the board of regents for the state university and community college system, under the authority of § 49-8-104 where applicable;
  2. (B) Are enrolled or intend to enroll in an eligible program of study as defined in § 49-4-902 as full-time or part-time students in an institution of postsecondary education in this state that is either:
    1. (i) A public college or university;
    2. (ii) A public vocational or technical institute;
    3. (iii) A nonprofit institution of higher education in this state as defined under regulations promulgated by TSAC; or
    4. (iv) Are enrolled in a private business, trade, or technical school that is located in this state, accredited by a regional accrediting association, the Council on Occupational Education, or the Accrediting Commission of Career Schools and Colleges, and authorized to operate by the Tennessee higher education commission pursuant to the Tennessee Higher Education Authorization Act of 2016, compiled in chapter 7, part 20 of this title. A school that, on July 1, 2016, was accredited by the Accrediting Council for Independent Colleges and Schools and whose students received an award under this part shall remain eligible for the Tennessee student assistance award; provided, that the school receives accreditation by an accrediting agency recognized by the United States department of education, remains accredited by such an accrediting agency, and is authorized to operate by the Tennessee higher education commission. No award under this part shall be made retroactively for any period in which a postsecondary institution has not attained accreditation from an accrediting agency recognized by the United States department of education. If a school is organized as a profit-making entity, it shall comply with the terms and conditions that the TSAC board of directors determines to be necessary to ensure that the availability of assistance under this program to students has not and will not cause an increase in tuition, fees, or other charges assessed by the school;
  3. (C) Have complied with the applicable provisions of parts 2-7 of this chapter and the rules and regulations adopted by TSAC; and
  4. (D) Are not incarcerated;
2. (2) Awards of student assistance shall be available for residents of the state generally, without regard to county or other area of residence, race, color, creed, sex or national origin or ancestry; and
3. (3) Students who are citizens of the United States shall receive priority in the making of awards of student assistance.
(b) If subdivision (a)(1)(D) is in conflict with federal law to the extent that subdivision (a)(1)(D) would jeopardize the receipt of federal funds, subdivision (a)(1)(D) is void.

1 Backlink

49-4-705

§ 49-4-302. Payment of award.

(a) Students who enroll in a public or nonpublic college or university shall have payments of their awards made directly to the college or university. The college or university shall promptly credit the payments to individual student accounts, if the student owes the institution for any educational expenses. If the student does not owe the institution for any educational expenses, the award proceeds shall be promptly disbursed to the student by the institution.
(b) Payments of all awards shall be made in approximately equal installments after the beginning of each academic term, upon receipt by TSAC of evidence that the student is officially enrolled in an eligible institution. All payments shall be transmitted by TSAC to the director of financial aid or other designated official at each college or university to ensure proper handling and distribution.

§ 49-4-303. Amount of award.

All awards of student assistance shall be based on the financial need of the student as measured by the parents' ability, or the student's ability if the student is emancipated and not receiving any financial assistance from the student's parents or guardian, to contribute to the student's educational expenses, as determined by guidelines established by TSAC. The maximum student assistance award shall not be greater than the total amount of tuition and mandatory fees charged by the postsecondary institution. Financial need of less than one hundred dollars ($100) shall render an applicant ineligible for an award.

§ 49-4-304. Renewal of award.

(a)
1. (1) Each award of student assistance is renewable by TSAC annually for the equivalent of four (4) academic years or until such earlier time as a student receives a baccalaureate degree or has expended eight (8) semesters or twelve (12) quarter terms of enrollment. TSAC shall renew an award only upon the student's application and upon verification that the applicant has completed satisfactorily the work of the preceding year, that the applicant remains a resident of the state, and that the applicant's financial situation continues to warrant the award under the applicable provisions of this part and the policies and rules of TSAC.
2. (2) TSAC may grant a leave of absence to recipients entering military service.
(b) Each grant for students attending private business schools or private trade and technical schools is renewable by TSAC annually for the equivalent of two (2) academic years, or until such earlier time as a student receives a degree or has expended six (6) quarter terms of enrollment, or until such time as the student receives a diploma or has expended twelve (12) months' time in pursuance of a diploma or expended six (6) months' time in pursuance of a certificate.

§ 49-4-305. Recipient free to choose school.

It is expressly provided that no attempt shall be made by any official or agency concerned with the administration of the Tennessee student assistance corporation to influence the selection by an applicant of the institution that the applicant might attend.

§ 49-4-306. Revocation of award.

If the recipient of an award fails to comply with the rules of TSAC with respect to the use of such assistance, fails to attain the minimum level of achievement prescribed for the retention of the assistance, fails to observe the rules, regulations or conditions prescribed or imposed by the institution attended on students, or for any reason is expelled or suspended from the institution attended or is absent without leave, TSAC may, upon evidence, revoke the award, and the person holding the award shall not thereafter be entitled to further payment or benefits.

§ 49-4-307. Transfer students.

(a) Any award recipient who desires to transfer from one institution to another must notify TSAC and secure its authorization to transfer.
(b) Failure to notify TSAC and secure its authorization may result in the loss of the award.

Part 6 Forfeiture of State Assistance

§ 49-4-601. Forfeiture upon criminal conviction.

Any part-time or full-time student who is convicted of any criminal offense growing out of any student riot, protest or disturbance shall forfeit any further right to any student loan or grant as provided in this chapter, or any other financial assistance supported by state funds. Should any such student so convicted be, at that time, receiving such aid, the aid shall be immediately terminated.

Part 7 Miscellaneous Scholarship and Loan Programs

§ 49-4-701. Tennessee Future Teacher Scholarship Act of 2023.

(a) This section is known and may be cited as the “Tennessee Future Teacher Scholarship Act of 2023.”
(b) As used in this section:
1. (1) “Approved EPP” means an educator preparation program approved by the state board of education at an eligible postsecondary institution;
2. (2) “Eligible candidate” means a student who is:
  1. (A) Enrolled in an approved EPP in the student's junior or senior year as determined by the institution in which the student is enrolled; and
  2. (B) A citizen of the United States who has resided in this state for at least one (1) year prior to the student's admission to the eligible postsecondary institution at which the student is enrolled;
3. (3) “Eligible postsecondary institution” has the same meaning as defined in § 49-4-902;
4. (4) “Gift aid” means financial aid received from the federal Pell grant, the Tennessee education lottery scholarship, or the Tennessee student assistance award;
5. (5) “Targeted setting” means a:
  1. (A) Tennessee public school located in a distressed or at-risk county, as determined by the department of education; or
  2. (B) Subject area for which there is a critical shortage, as determined by the department of education; and
6. (6) “TSAC” means the Tennessee student assistance corporation.
(c) Subject to available funding, TSAC shall administer a five-year pilot program to award a Tennessee Future Teacher scholarship to future educators. The pilot program begins with the 2023-2024 academic year and terminates on July 1, 2028.
(d) To be eligible for a Tennessee Future Teacher scholarship, an eligible candidate must:
1. (1) Be eligible for and receive a Tennessee HOPE scholarship under chapter 4, part 9 of this title;
2. (2) Be admitted to and enrolled in an approved EPP;
3. (3) Complete the scholarship application, as required by TSAC;
4. (4) Maintain the minimum cumulative grade point average required by the approved EPP; and
5. (5) Sign a promissory note agreeing to teach in an LEA or public charter school in this state for at least four (4) consecutive years in a targeted setting.
(e) If a student ceases to be eligible for the Tennessee Future Teacher scholarship at any time for any reason, then the student is not eligible to regain the scholarship.
(f) If a student is awarded a Tennessee Future Teacher scholarship, then the student may continue to receive a Tennessee Future Teacher scholarship under this section until the occurrence of the first of the following events:
1. (1) The student has attained a degree through an approved EPP;
2. (2) The student ceases to be eligible for the Tennessee HOPE scholarship; or
3. (3) Three (3) years have elapsed since the date of the student's enrollment in a term for which the student received the student's first Tennessee Future Teacher scholarship.
(g) A student who receives a Tennessee Future Teacher scholarship may transfer from one (1) eligible postsecondary institution to another eligible postsecondary institution without loss of the scholarship so long as the student continues to meet all eligibility requirements for the scholarship.
(h) Subject to the amounts appropriated by the general assembly, the amount of a Tennessee Future Teacher scholarship:
1. (1) At a public institution is the cost of tuition and mandatory fees charged to all students for coursework leading to completion of an approved undergraduate EPP at the public institution attended less all other gift aid. The gift aid must be credited first to tuition and mandatory fees before the Tennessee Future Teacher scholarship is applied; and
2. (2) At a private institution must not exceed the average cost of tuition and mandatory fees charged to all students for coursework leading to completion of an approved undergraduate EPP at the state's public institutions less all other gift aid. The gift aid must be credited first to tuition and mandatory fees before the Tennessee Future Teacher scholarship is applied.
(i) If a student receives a Tennessee Future Teacher scholarship and does not teach in a targeted setting for at least four (4) consecutive years, then the student must reimburse TSAC for each year the student did not teach in a targeted setting an amount equal to the total scholarship amount the student received pursuant to this section divided by four (4), without interest.
(j) TSAC may promulgate rules to effectuate the purposes of this section, including establishing reimbursement requirements pursuant to subsection (i). The rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(k) The office of research and education accountability (OREA), in the office of the comptroller of treasury, shall review and study the pilot program created in this section and the Tennessee Future Teacher scholarships awarded through the pilot program to determine the effectiveness of the scholarships in increasing the number of licensed educators in this state. The study must be conducted in the third and fifth year of the pilot program and four (4) years after the program terminates on July 1, 2028. The OREA shall report its findings and conclusions of each study to the speakers of the senate and house of representatives and to the education committees of the senate and house of representatives by December 31 each year a study is conducted.

§ 49-4-702. Loan-scholarship program for graduate nursing students.

(a) The Tennessee student assistance corporation (TSAC) shall administer a loan-scholarship program for graduate students in professional nursing under the following terms and conditions:
1. (1) Any resident of this state who becomes a candidate for a master's degree in nursing, or any resident with a master's degree in nursing who becomes a candidate for a doctoral degree program in nursing or a related field that would qualify the person to become a teacher, administrator or supervisor in nursing, shall be eligible to apply to TSAC for a loan-scholarship in an amount established by TSAC, not to exceed the cost of attendance for an academic year to attend an approved graduate school of nursing or an approved doctoral program in nursing or a related field. The loan-scholarship may be received for a maximum of four (4) years. Preference in awarding loan-scholarships shall be given to persons who can enter faculty or administrative positions in this state immediately upon completion of their master's or post-master's degree program;
2. (2) Students who teach full-time in a nursing school in this state who have been approved by the state board of nursing, must receive forgiveness of the loan balance based on one (1) year's teaching service for each year the scholarship was awarded, or proportionate credit for part-time teaching service, as defined by rules; and
3. (3) All loan-scholarships shall be evidenced by notes payable to TSAC, which shall bear interest at an annual rate of interest to be determined by TSAC from and after the completion of the educational program. The notes shall be executed pursuant to the rules and regulations of TSAC. If the recipient does not remain in, or return to, this state to teach or practice, the person shall be required to repay the full value of loan-scholarship funds received at an annual rate of interest to be determined by TSAC from the date of completion of the educational program. The permanent withdrawal or dismissal of any recipient, or the failure of any recipient to do college work in a manner acceptable to TSAC, shall immediately forfeit the recipient's right to retain the loan-scholarship. Any loan made under this section shall be cancelled by the death or the permanent and total disability of the recipient.
(b) TSAC, in conjunction with the Tennessee board of nursing, is authorized to promulgate rules and regulations for the management of the program and the selection of recipients, taking into consideration such factors as academic record of the applicant and shortage areas in the nursing force in this state.
(c) TSAC may receive contributions from outside sources for funding the loan-scholarship program under conditions prescribed by TSAC, with the understanding that the funds will be used solely for awards under this section and unused funds shall not revert to the general fund, but shall be carried forward for future student awards.
(d) Funding from the state shall not revert to the general fund but shall be carried forward to the next fiscal year for future student awards.
(e) This program shall be available for participants beginning July 1, 2006, after rules have been promulgated. TSAC is authorized to use emergency rulemaking in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. The availability of scholarships shall be subject to the appropriation of funds in each year's general appropriations act.

§ 49-4-703. [Reserved]

§ 49-4-704. Scholarship program for dependent children of emergency personnel — Short title — Definitions.

(a) This section shall be known and may be cited as the “Dependent Children Scholarship Act.”
(b) As used in this section, unless the context otherwise requires:
1. (1) “Corporation” means the Tennessee student assistance corporation;
2. (2) “Dependent child” means a natural child, stepchild or adopted child who is either living with or receiving regular support contributions from a law enforcement officer, firefighter or emergency medical service technician at the time of the employee's death or total and permanent disability. “Dependent child” also means a posthumous child;
3. (3) “Eligible postsecondary institution” or “institution” has the same meaning as defined in § 49-4-902;
4. (4) “Eligible program of study” means, beginning with the fall semester of the 2022-2023 academic year:
  1. (A) A curriculum of courses leading to a certificate or diploma at a Tennessee college of applied technology; or
  2. (B) A federal Title IV-eligible curriculum of courses leading to a certificate, diploma, or an associate or baccalaureate degree at an eligible postsecondary institution;
5. (5) “Emergency medical service technician” means an individual who possesses a valid certificate issued pursuant to title 68, chapter 140;
6. (6) “Firefighter” is defined as in § 4-24-201 or a bona fide member of a volunteer fire department;
7. (7) “Law enforcement officer” means any police officer of a Tennessee municipality, any commissioned member of the department of safety, the wildlife resources agency, or the Tennessee bureau of investigation, and any Tennessee county sheriff or deputy sheriff actually engaged in law enforcement, or any correctional officer employed by the department of correction or the department of children's services;
8. (8) “Resident” means a person who was a resident of this state as classified pursuant to § 49-8-104, at the time the law enforcement officer, firefighter, or emergency medical service technician died or became totally and permanently disabled; and
9. (9) “Totally and permanently disabled” means unable to engage in any substantial gainful activity because of a medically determinable impairment that is certified by a licensed physician and is expected to continue for a long and indefinite period of time or to result in death.
(c) A resident of this state who is a dependent child of a law enforcement officer, firefighter or emergency medical service technician who has been killed or totally and permanently disabled while performing duties within the scope of such employment may receive a scholarship provided by this section, except to the extent the dependent child receives educational benefits or scholarship aid from other sources. The corporation shall require a dependent child to also apply to other government programs of student grant assistance for which, in the judgment of the corporation, the dependent child is eligible.
(d) Every dependent child desiring a scholarship under this section shall make application to the corporation. The application shall be accompanied by evidence satisfactory to the corporation that the law enforcement officer, firefighter or emergency medical service technician was killed or totally and permanently disabled while performing duties within the scope of such employment. The application shall also be accompanied by the certification of the financial aid officer of the institution the dependent child plans to attend, stating that the dependent child has been accepted for admission and setting forth the costs of attending the institution and the amount of financial assistance to be provided from other sources.
(e) To the extent funds are available, the corporation shall award a scholarship to an eligible applicant for full-time postsecondary undergraduate or vocational study in an eligible program of study at an eligible postsecondary institution. If funds are insufficient to provide scholarships to all eligible applicants, then awards must be based on the financial need of the student as determined by guidelines established by the corporation. Except as provided by other scholarship or educational aid programs, the scholarship award must include tuition and other required fees and allowances for books, supplies, and room and board.
(f) The duration of a scholarship award shall be four (4) academic years or the period required for the completion of the appropriate course of study, whichever is less; provided, that a scholarship recipient enrolled in an undergraduate degree program that requires more than four (4) academic years for completion may apply to the corporation during the fourth year for an extension of the scholarship award to the fifth year, in which event duration of the award shall not exceed five (5) years. Upon certification by the eligible postsecondary institution that the recipient has successfully completed the fourth year of study of an approved five-year program, the corporation shall extend the scholarship award to the fifth year.
(g) Payment of scholarships shall be made directly to the recipient in approximately equal installments at the beginning of each academic term upon receipt by the corporation of evidence that the recipient is officially enrolled in an eligible postsecondary institution.
(h) Payment of scholarships shall immediately terminate if at any time the recipient ceases to continue as a full-time student in good standing and ceases making satisfactory progress in the institution in which the recipient is enrolled. With the approval of the corporation, the recipient may transfer to another eligible postsecondary institution if the course of study so requires or if it appears to the corporation that it is in the best interest of the recipient to make a transfer.
(i) The corporation is authorized and directed to make such rules and regulations governing the making of scholarships as it deems necessary to carry out and to make effective the purposes of this section.

§ 49-4-705. Termination of Christa McAuliffe Scholarship program.

The Christa McAuliffe Scholarship program terminates effective August 1, 2020, at which time all funds remaining in the program's investment principal and investment earnings accounts shall be added to the reserve balances held by the student assistance corporation for the student assistance award under § 49-4-301. The transfer of funds is subject to transfer in the general appropriations act.

§ 49-4-706. Minority teaching fellows program.

(a)
1. (1) The Tennessee student assistance corporation (TSAC) shall administer a minority teaching fellows program for talented Tennesseans who aspire to be teachers.
2. (2) Participation in the minority teaching fellows program is limited to:
  1. (A) College juniors, seniors, and post-baccalaureate candidates admitted to educator preparation programs in this state who pledge to teach in the public schools of this state for up to four (4) years; and
  2. (B) Students who received the minority teaching fellows program award prior to July 1, 2021, and who continue to maintain all eligibility requirements.
3. (3) Recipients must maintain continuous enrollment in an eligible program of study, as defined in § 49-4-902, leading to licensure as a teacher in a higher education institution within this state with an educator preparation program approved by the state board of education.
4. (4) Each fellowship award is in the amount of five thousand dollars ($5,000) and is renewable up to three (3) times, contingent upon satisfactory academic progress.
5. (5)
  1. (A) Recipients who become public school teachers in this state shall receive forgiveness of the fellowship balance based on one (1) year's teaching service for each year the fellowship was awarded.
  2. (B) TSAC shall forgive the loan if, within seven (7) years after graduation, the recipient teaches for three (3) consecutive years, unless the recipient takes an approved leave of absence, at a public school in an LEA that, at the time the recipient accepts employment with the LEA, is determined to be a school system that is marginal or in need of improvement as determined by the commissioner of education according to the school district accountability framework adopted by the state board of education. TSAC shall also forgive the loan because of the death or permanent disability of the recipient.
(b)
1. (1) TSAC, in conjunction with the state board of education and the Tennessee higher education commission, shall develop rules, regulations and criteria for the selection of minority Tennessee citizens and for the management of the program.
2. (2) All scholarship loans shall be evidenced by notes made payable to TSAC, which shall bear interest at the rate of nine percent (9%) per year beginning September 1 after completion of the program, or immediately after termination of the scholarship loan, whichever is earlier. The scholarship loan may be terminated by the recipient withdrawing from school or by the recipient not meeting the standards set by TSAC.

§ 49-4-707. [Reserved]

§ 49-4-708. Tennessee Promise Scholarship Act of 2014.

(a) This section shall be known and may be cited as the “Tennessee Promise Scholarship Act of 2014”.
(b) As used in this section:
1. (1) “Continuous enrollment” has the same meaning as defined in § 49-4-902; except that a student enrolled in a Tennessee college of applied technology shall be enrolled in accordance with the institution's requirements;
2. (2) “Eligible high school”:
  1. (A) Has the same meaning as defined in § 49-4-902; and
  2. (B) Includes a high school located in a neighboring state in a county contiguous to this state;
3. (3) “Eligible postsecondary institution” means:
  1. (A) A postsecondary institution that was eligible for the Tennessee education lottery scholarship, as defined in § 49-4-902, on July 1, 2013, and remains eligible thereafter; and
  2. (B) A private, nonprofit technical school that:
    1. (i) Has had its primary campus domiciled in this state for at least seventy-five (75) consecutive years;
    2. (ii) Is accredited by the council on occupational education; and
    3. (iii) In addition to offering diploma, certificate, and associate degree programs, offers a baccalaureate degree through an articulation agreement with a regionally accredited postsecondary institution;
4. (4) “Eligible program of study”:
  1. (A) Means, beginning with the fall semester of the 2021-2022 academic year:
    1. (i) A curriculum of courses leading to a certificate or diploma at a Tennessee college of applied technology; or
    2. (ii) A federal Title IV-eligible curriculum of courses leading to a certificate, diploma, or associate degree at an eligible postsecondary institution; and
  2. (B) Does not include courses taken at a four-year postsecondary institution prior to a student's admission in, or that were taken by a student to fulfill prerequisite requirements for, a curriculum of courses described in subdivision (b)(4)(A)(i) or (ii);
5. (5) “Full-time student” means a student who is enrolled in a minimum of twelve (12) semester hours, or a student who is enrolled in a full-time program at a Tennessee college of applied technology. “Full-time student” includes a student with a documented learning disability who receives accommodations because of the student's disability and who is unable to take twelve (12) semester hours per semester as a direct result of the student's disability; provided, that the student takes the maximum number of semester hours that is established by the eligible postsecondary institution as feasible for the student to attempt;
6. (6) “Gift aid” means financial aid received from the federal Pell grant, the Tennessee education lottery scholarship, or the Tennessee student assistance award;
7. (7) “Home school student” means:
  1. (A) A Tennessee resident who completed high school in a home school program prior to July 1, 2021, meeting the requirements of § 49-6-3050(a)(2), (a)(3), or (b); or
  2. (B) A Tennessee resident who completed high school in a home school program on or after July 1, 2021;
8. (8) “Resident” means a student classified as a resident of this state pursuant to § 49-8-104;
9. (9) “Semester” has the same meaning as defined in § 49-4-902;
10. (10) “Tennessee Promise scholarship student” means a student admitted to and enrolled in an eligible program of study; and
11. (11) “TSAC” means the Tennessee student assistance corporation.
(c) TSAC shall administer the Tennessee Promise scholarship program for residents of this state seeking an associate's degree, certificate or diploma from an eligible postsecondary institution under the following terms and conditions:
1. (1)
  1. (A) To be eligible for the scholarship a student shall be admitted to, and enrolled full-time in, an eligible postsecondary program in the fall term following:
    1. (i) Graduation from an eligible high school;
    2. (ii) Completion of high school as a Tennessee home school student;
    3. (iii) Obtaining a high school equivalency credential approved by the state board of education; provided, that the student obtains the high school equivalency credential approved by the state board of education prior to the student reaching nineteen (19) years of age; or
    4. (iv) Graduation from an out-of-state secondary school operated by the government of the United States, accredited by the appropriate regional accrediting association for the state in which the school is located, or accredited by an accrediting association recognized by the foreign nation in which the school is located. This subdivision (c)(1)(A)(iv) shall apply only to a dependent child of a military parent, as defined in § 49-4-926. Notwithstanding the definition of resident in subdivision (b)(8), this subdivision (c)(1)(A)(iv) shall apply to dependent children as described in § 49-4-926(c);
  2. (B) Exceptions to initial enrollment may be made for extenuating circumstances as provided in rules promulgated by TSAC; and
  3. (C) Notwithstanding subdivision (c)(1)(A), if a student who graduates early from an eligible high school, or who completes high school at an eligible home school early, or who obtains a high school equivalency credential approved by the state board of education before the spring semester immediately preceding the student's initial fall enrollment, and the student is admitted to, and enrolled full-time in, an eligible postsecondary program, then the student is eligible for the scholarship;
2. (2) Students applying for the scholarship shall complete the Tennessee Promise scholarship application for their initial year of enrollment in accordance with the schedule determined by TSAC. Students shall complete the free application for federal student aid (FAFSA) each academic year in which they seek to receive the Tennessee Promise scholarship;
3. (3) To continue to receive a Tennessee Promise scholarship at an eligible two-year or four-year postsecondary institution, a student shall maintain a minimum cumulative grade point average of 2.0 as set forth in the rules promulgated by TSAC. To continue to receive a Tennessee Promise scholarship at a Tennessee college of applied technology, a student shall maintain satisfactory academic progress as determined by the institution;
4. (4) Scholarship recipients shall participate in mentoring and community service programs under the rules promulgated by TSAC. TSAC shall develop the selection and renewal criteria for students and shall have the authority to work with outside organizations to develop the most effective means for delivering the scholarships. In selecting outside organizations for participation in the Tennessee Promise scholarship program, TSAC shall give preference to locally established entities that meet designated standards specified by the program's promulgated rules;
5. (5) A Tennessee Promise scholarship at a Tennessee public two-year postsecondary institution or Tennessee college of applied technology shall be the cost of tuition and mandatory fees at the eligible postsecondary institution attended less all other gift aid. Gift aid shall be credited first to the student's tuition and mandatory fees;
6. (6) Notwithstanding subdivision (c)(5), the amount of the Tennessee Promise scholarship at an eligible four-year public postsecondary institution or an eligible private institution shall be the average cost of tuition and mandatory fees at the public two-year postsecondary institutions less all other gift aid. Gift aid shall be credited first to the average tuition and mandatory fees as described in subdivision (c)(5);
7. (7) A Tennessee Promise scholarship student who has an approved medical or personal leave of absence from an eligible postsecondary institution may continue to receive the scholarship upon resuming the student's education at an eligible postsecondary institution so long as the student continues to meet all applicable eligibility requirements. The sum of all approved leaves of absence shall not exceed six (6) months, except as provided for in rules promulgated by TSAC;
8. (8)
  1. (A) A student shall be eligible for the Tennessee Promise scholarship until the occurrence of the first of the following events:
    1. (i) The student has earned a certificate, diploma or associate degree; or
    2. (ii) The student has attended an eligible postsecondary institution as a Tennessee Promise scholarship student for five (5) semesters if the institution is on a semester system, or its equivalent if the institution is on a system other than a semester system. Such semester limit shall not include an approved leave of absence;
  2. (B) A student with a documented learning disability shall be eligible for the Tennessee Promise scholarship until the occurrence of the first of the following events:
    1. (i) The student has earned a certificate, diploma or associate degree; or
    2. (ii) The student has attended an eligible postsecondary institution as a Tennessee Promise scholarship student for the minimum number of semesters the eligible postsecondary institution establishes as feasible for the student to complete the course work for the certificate, diploma, or associate degree the student is attempting to obtain, if the institution is on a semester system, or its equivalent if the institution is on a system other than a semester system. Such semester limit shall not include an approved leave of absence;
9. (9)
  1. (A) To be eligible for a Tennessee Promise scholarship, a student shall maintain continuous enrollment as a full-time student in each semester while receiving the scholarship;
  2. (B) The requirement of subdivision (c)(9)(A) that a Tennessee Promise scholarship student maintain continuous enrollment does not apply to a Tennessee Promise scholarship student who is on a medical or personal leave, as approved by the student's eligible postsecondary institution;
10. (10) Notwithstanding the requirement of subdivisions (c)(1) and (9)(A) that a Tennessee Promise scholarship student maintain full-time enrollment, a student who does not have a documented learning disability may enroll in fewer than twelve (12) semester hours if required by the academic program in which the student is enrolled. A student with a documented learning disability shall enroll each semester in the maximum number of semester hours that is established by the eligible postsecondary institution as feasible for the student to attempt; and
11. (11) TSAC is authorized to promulgate rules to establish deadlines for applications, and appeal procedures for the denial or revocation of the scholarship, and to otherwise effectuate the purposes of this part. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(d) The Tennessee Promise scholarship endowment fund is created. The Tennessee Promise scholarship endowment fund shall be established and funded under the following terms and conditions:
1. (1) This fund shall be an irrevocable trust that the state treasurer shall administer. The attorney general and reporter shall approve the terms of the trust instrument. The trust shall consist of the Tennessee Promise endowment account and the Tennessee Promise scholarship special reserve account;
2. (2) The trustees of the trust shall be as follows:
  1. (A) The governor, or a member of the governor's cabinet or a cabinet-level staff member who is designated by the governor;
  2. (B) The state treasurer or the treasurer's designee;
  3. (C) The comptroller of the treasury or the comptroller's designee;
  4. (D) The secretary of state or the secretary's designee;
  5. (E) The commissioner of finance and administration or the commissioner's designee;
  6. (F) The chair of the finance, ways and means committee of the house of representatives or the chair's designee;
  7. (G) The chair of the finance, ways and means committee of the senate or the chair's designee; and
  8. (H) One (1) member appointed by the governor who shall serve at the pleasure of the governor;
3. (3) The state treasurer shall serve as the chair of the trustees and shall preside over all meetings and proceedings of the trustees;
4. (4) The trust may invest in any security or investment in which the Tennessee consolidated retirement system is permitted to invest; provided, that investments by the trust shall be governed by the investment policies and guidelines adopted by the trustees of the trust in accordance with this part. The state treasurer shall be responsible for the investment and reinvestment of trust funds in accordance with the policies and guidelines established by the trustees;
5. (5) The trust shall be initially funded in fiscal year 2014-2015 by a deposit of:
  1. (A) The program-generated revenues of TSAC invested as a part of the chairs of excellence endowment fund established by § 49-7-501 and pursuant to chapter 98 of the Public Acts of 2013, and any income earned from the investment of such funds; and
  2. (B) The balance of the lottery for education account established in accordance with § 4-51-111(b), but excluding the general shortfall reserve subaccount provided in § 4-51-111(b)(3) and the sum of ten million dollars ($10,000,000);
6. (6) The initial deposit shall constitute the principal of the trust. Subsequent transfers to the trust and trust income, as defined in this section, shall not increase, or constitute an addition to, the principal of the trust, but shall be placed in the Tennessee Promise scholarship special reserve account provided in subdivision (d)(9);
7. (7) Beginning in fiscal year 2014-2015, all funds in the lottery for education account, established in § 4-51-111(b), in excess of the sum of the general shortfall reserve subaccount provided in § 4-51-111(b)(3) and ten million dollars ($10,000,000), shall be transferred on at least an annual basis to the Tennessee Promise scholarship special reserve account, or more frequently as determined by the state treasurer and the commissioner of finance and administration. Such transfers shall occur after all required expenditures have been made for Tennessee education lottery scholarship programs, Tennessee student assistance awards, and administrative expenses, and after any required deposits into the general shortfall reserve subaccount have been made. The Tennessee Promise scholarship special reserve account shall be a part of the trust, and the funds in the special reserve account may be commingled with, co-invested with, and invested or reinvested with the other assets of the trust;
8. (8) The principal of the trust shall not be expended for any purpose. Trust income shall be expended only to fund the Tennessee Promise scholarship program and pay expenses incurred in administering and investing the trust assets. Trust income means the income from the trust's investment portfolio from whatever source derived, including, but not limited to, interest, dividends, and realized capital gains or losses;
9. (9) Any trust income not allocated or distributed to the beneficiaries of the Tennessee Promise scholarship program shall be maintained in a Tennessee Promise scholarship special reserve account and may be subject to future allocations and distributions in accordance with this section;
10. (10) Any funds transferred for the Tennessee Promise scholarship program after the initial deposit in subdivision (d)(5), including matching funds or future appropriations made by the general assembly, shall be placed in the Tennessee Promise scholarship special reserve account of the trust. Unexpended funds remaining in the trust in any fiscal year, whether principal or funds in the Tennessee Promise scholarship special reserve account shall not revert to the general fund;
11. (11) The funds transferred to this trust may be commingled with, co-invested with, and invested or reinvested with other assets transferred to the trust. All or a portion of the trust may be invested, reinvested and co-invested with other funds, not a part of the trust, which are held by the state treasurer, including, but not limited to, assets of the Tennessee consolidated retirement system and the state pooled investment fund established pursuant to title 9, chapter 4, part 6. The state treasurer shall account for such trust funds in one (1) or more separate accounts in accordance with this section and other law;
12. (12) Notwithstanding any law to the contrary, all funds placed in the Tennessee Promise scholarship special reserve account shall be available for allocation and distribution as authorized herein only to the extent that funds are available in the Tennessee Promise scholarship special reserve account, and the state shall not be liable for any amount in excess of such sum. All requests for withdrawals for the payment of program funding that are presented to the state treasurer shall be used only to fund the Tennessee Promise scholarship program. Such requests for withdrawals shall not be commingled with requests for withdrawals presented to the state treasurer for any other purpose, and the individual or entity requesting the withdrawal of funds shall attest to the same upon presentation of the request for withdrawal to the state treasurer; and
13. (13) The provisions of the irrevocable trust are provided in this subsection (d), but the trust shall not include the provisions contained in other subsections of this section, which shall be subject to amendment by legislative enactment.
1 Backlink
- 4-49-117(g)
(e) TSAC and the Tennessee higher education commission shall provide assistance to the general assembly by researching and analyzing data concerning the scholarship program created under this part, including, but not limited to, student success and scholarship retention. TSAC and the Tennessee higher education commission shall publish its findings annually in the report required by § 49-4-903(b).
(f) The comptroller of the treasury, through the comptroller's office of research and education accountability, shall review and study the Tennessee Promise scholarship program to determine the effectiveness of the program. The study shall be done in the third year of the program and every four (4) years thereafter. The comptroller of the treasury shall report the findings and conclusions of the study to the speakers of the senate and house of representatives and the members of the education committee of the senate and the education administration committee of the house of representatives.
(g) The TSAC board of directors shall appoint a special advisory committee comprised of representatives from existing college access programs in the state. The committee shall take steps necessary to eliminate barriers to access to scholarships and hold mentoring organizations to the highest standard in serving the students receiving the scholarship. Members of the committee shall serve without compensation.
(h)
1. (1) To encourage public school teachers to volunteer to be mentors in the Tennessee Promise scholarship program, teachers may be granted credit for up to one (1) day of in-service each year for becoming mentors and completing all required mentorship tasks. The one (1) day of credit for mentoring shall count as one (1) day of in-service for those days in which a teacher is permitted to choose the in-service activity.
2. (2)
  1. (A) To encourage retired teachers to volunteer to be mentors in the Tennessee Promise scholarship program, participation in the Tennessee state employee discount program, except for the tuition waivers granted to state employees under § 8-50-114 and tuition discounts granted to children of state employees under § 8-50-115, shall be granted to retired teachers who become mentors and complete all required mentorship tasks.
  2. (B) Retired teachers who mentor Promise recipients shall be eligible for the Tennessee state employee discount program, as provided in subdivision (2)(A), for one (1) year following the completion of all required mentorship tasks for an academic year.

2 Backlinks

Part 8 Senator Ben Atchley Opportunity Grant Act

§ 49-4-801. Short title.

This part shall be known and may be cited as the “Senator Ben Atchley Opportunity Grant Act.”

§ 49-4-802. Purpose.

The purpose of this part is to restore the value of the Tennessee student assistance award maximum grant to provide financially needy students enrolled at Tennessee independent colleges and universities with a state grant of sufficient size to reduce the impact of institutional price on their higher education enrollment decision.

§ 49-4-803. Grants to students at certain colleges and universities.

The state shall grant an amount as provided in this part to Tennessee resident students enrolled at independent, nonprofit colleges and universities accredited by the College Commission of the Southern Association of Colleges and Schools and, to the extent feasible within existing budgetary resources of the Tennessee student assistance corporation, to Tennessee resident students enrolled at eligible independent postsecondary institutions, as defined in § 49-4-902(11)(C).

§ 49-4-804. Amount of grants.

The amount of the maximum grant for students enrolled at the eligible institutions of higher learning shall be determined by guidelines established by the Tennessee student assistance corporation.

Part 9 State Lottery Proceeds

§ 49-4-901. Disposition of lottery proceeds.

Net proceeds of the state lottery shall be used exclusively for the purposes set out in the Constitution of Tennessee, Article XI, § 5 and this part. The net proceeds shall be used to supplement, not supplant, existing resources for educational purposes, projects and programs. It is the intent of the general assembly that if there exist net proceeds of the state lottery in excess of those allocated to provide financial assistance to citizens of this state to enable such citizens to attend postsecondary educational institutions located in this state, then the excess net proceeds shall be allocated first to early learning programs. It is further the intent of the general assembly that the scholarship and grant programs established under this part shall not create an entitlement to financial assistance to enable attendance at a postsecondary institution for any student.

§ 49-4-902. Part definitions.

As used in this part, unless the context otherwise requires:
1. (1) “Academic requirement” means a requirement of a specified grade point average, ACT or SAT score or cumulative grade point average that determines either initial or continuing eligibility for postsecondary financial assistance from net lottery proceeds;
2. (2) “Academic year” means three (3) consecutive semesters beginning with a fall semester and including the spring and summer semesters immediately succeeding the fall semester;
3. (3) “ACT” means the ACT assessment administered by ACT;
4. (4) “Adjusted gross income attributable to the student” or “student's adjusted gross income” means:
  1. (A) The adjusted gross income of the student's parent or parents as reported on the student's FAFSA and used by TSAC in determinations of eligibility for federal or state financial aid, if the student is a dependent of a parent or parents; or
  2. (B) The adjusted gross income of the student and, if applicable, the student's spouse as reported on the student's FAFSA and used by TSAC in determinations of eligibility for federal or state financial aid, if the student is financially independent of parents;
5. (5) “Advanced degree” means a master's degree, a doctorate or other degree conferred by an eligible postsecondary institution upon completion of a unified program of study at the graduate level;
6. (6) “Certificate” or “diploma” means a credential, other than a degree, the receipt of which indicates satisfactory completion of training in an eligible program of study offered by an eligible postsecondary institution;
7. (7) “Continuous enrollment” means a student is enrolled in the fall and spring semesters of a single academic year. Enrollment in summer semester or inter-session terms is not required;
8. (8) “Cost of attendance” means the combined cost of tuition, mandatory fees, room and board, books and other educational expenses as determined by the financial aid office of the eligible postsecondary institution;
9. (9) “Dual enrollment grant” means a grant for study at an eligible postsecondary institution that is funded from net proceeds of the state lottery and awarded to students who are attending high school and who are also enrolled in college courses at eligible postsecondary institutions for which they will receive college credit;
10. (10) “Eligible high school” means:
  1. (A) A Tennessee public secondary school;
  2. (B) A private secondary school that is located in this state and is approved by the state board of education as a Category 1, 2 or 3 secondary school in accordance with the applicable rules and regulations;
  3. (C) A secondary school operated by the United States department of defense on a military base that is located in whole or in part in this state;
  4. (D) An out-of-state public secondary school located in a county bordering this state that residents of this state are authorized to attend under § 49-6-3108; or
  5. (E) An out-of-state boarding school attended by a bona fide resident of this state that is accredited by:
    1. (i) A regional accrediting association; or
    2. (ii) A member of the National Association of Independent Schools Commission on Accreditation;
11. (11) “Eligible independent postsecondary institution” means:
  1. (A) An institution created by testamentary trust for which the state acts by statute as trustee and for which the governor is authorized to appoint commissioners with the advice and consent of the senate and that offers courses leading to undergraduate degrees;
  2. (B) A private four-year postsecondary institution that:
    1. (i) Has been chartered in this state as a not-for-profit entity for at least one hundred (100) years;
    2. (ii) Has had its primary campus domiciled in this state for at least one hundred twenty-five (125) years;
    3. (iii) Awards baccalaureate degrees; and
    4. (iv) Requires all students to participate in a four-level college work program in which students provide services to the institution and to the community; or
  3. (C) A private postsecondary institution accredited by a regional accrediting association that has its primary campus domiciled in this state;
    1 Backlink
    
    49-4-803
12. (12) “Eligible postsecondary institution” means an eligible independent postsecondary institution or an eligible public postsecondary institution;
13. (13) “Eligible program of study” means:
  1. (A) A curriculum of courses leading to a certificate or diploma at a Tennessee college of applied technology; or
  2. (B) A federal Title IV-eligible curriculum of courses leading to a certificate, diploma, or an associate, baccalaureate, or advanced degree at an eligible postsecondary institution;
14. (14) “Eligible public postsecondary institution” means:
  1. (A) An institution operated by the board of regents of the state university and community college system; or
  2. (B) An institution in the University of Tennessee system;
15. (15) “Entering freshman” means a student entering a postsecondary institution who has not attempted any semester hours at any postsecondary institution after graduating from high school, completing high school in a home school program or obtaining a high school equivalency credential approved by the state board of education;
16. (16) “FAFSA” means the Free Application for Federal Student Aid;
17. (17) “Freshman student” means a student at a postsecondary institution who is in the first two (2) semesters of full-time attendance or the equivalent, if the student attends part-time;
18. (18) [Deleted by 2023 amendment.]
19. (19) “Full-time student” means an undergraduate student attending a postsecondary educational institution who is enrolled for at least twelve (12) semester hours during each semester of attendance, or a graduate student enrolled in the requisite number of semester hours, as determined by the institution attended;
20. (20) [Deleted by 2023 amendment.]
21. (21) “General assembly merit scholarship” means the scholarship that is awarded for academic excellence under § 49-4-916. A “General assembly merit scholarship” consists of two (2) parts, a Tennessee HOPE scholarship and a general assembly merit scholar supplemental award;
22. (22) “Gift aid” means scholarships and grants from any source that do not require repayment, including funds provided through the federal Foster Care Independence Act of 1999, compiled generally in title 42 U.S.C., and other similar programs. Student loans and work-study awards shall not be considered gift aid;
23. (23) “Grade point average” means the numbered grade average calculated using a 4.0 scale;
24. (24) “High school grade point average” means grade point average on a 4.0 scale calculated with additional points awarded for advanced placement, honors or other similar courses, according to the uniform system of weighting of courses adopted by the state board of education, under § 49-1-302(a)(14);
25. (25) [Deleted by 2023 amendment.]
26. (26) “Home school student” means:
  1. (A) A Tennessee resident who completed high school in a home school program prior to July 1, 2021, meeting the requirements of § 49-6-3050(a)(2), (a)(3), or (b). For one (1) year immediately preceding completion of high school as a home school student, the student must have been a student in a home school; or
  2. (B) A Tennessee resident who completed high school in a home school program on or after July 1, 2021;
27. (27) “Middle college” means a program operated by an eligible public two-year postsecondary institution in partnership with an LEA that permits students in the fall semester of their junior year in high school to enter the eligible public two-year postsecondary institution and to earn both a high school diploma and an associate degree in two (2) years;
28. (28) “Nonacademic requirement” means any scholarship eligibility requirement other than an academic requirement;
29. (29) “Nontraditional student” means a student who:
  1. (A) Is an independent student, as determined by the FAFSA, who has enrolled in a baccalaureate degree program at an eligible four-year postsecondary institution and attempted at least twelve (12) semester hours; or
  2. (B) Enrolls in a baccalaureate degree program at an eligible four-year postsecondary institution while maintaining continuous enrollment following completion of an associate degree through the Tennessee reconnect grant, established under § 49-4-944;
30. (30) “Parent” means the parent or guardian of a student;
31. (31) “Part-time student” means an undergraduate student attending a postsecondary educational institution who is enrolled for at least six (6) semester hours, but less than twelve (12) semester hours, during a semester of attendance, or a graduate student who is enrolled in less than the number of semester hours required by the institution for full-time students, as determined by the institution attended;
32. (32) “Regional accrediting association” means:
  1. (A) The Middle States Commission on Higher Education;
  2. (B) The New England Commission on Higher Education;
  3. (C) The Higher Learning Commission;
  4. (D) The Northwest Commission on Colleges and Universities;
  5. (E) The Southern Association of Colleges and Schools; or
  6. (F) The Western Association of Schools and Colleges;
33. (33) “SAT” means the Scholastic Aptitude Test administered by the College Board;
34. (34) “Scholarship” means a Tennessee HOPE scholarship or a Tennessee HOPE access grant;
35. (35) “Semester” means fall, spring, or summer semester at a postsecondary institution, if the institution is on a semester system, or the equivalent, if the institution is on a system other than a semester system;
36. (36) “Semester hour” means the credit hour used by a postsecondary institution, if the institution is on a semester system, or its equivalent, if the institution is on a system other than a semester system. “Semester hour” includes each semester hour attempted, whether remedial or for credit toward a degree, but shall not include any semester hour attempted before graduating from high school or earning a high school equivalency credential approved by the state board of education;
37. (37) “Student who has obtained a high school equivalency credential approved by the state board of education” means a student who was a resident of this state for at least one (1) year prior to obtaining a high school equivalency credential approved by the state board of education;
38. (38) “Tennessee HOPE access grant” means a grant for coursework in an eligible program of study in pursuit of an associate, baccalaureate, or advanced degree at an eligible postsecondary institution that is funded from net proceeds of the state lottery and awarded to freshman students meeting the requirements of § 49-4-920;
39. (39) “Tennessee HOPE scholarship” means a scholarship for coursework in an eligible program of study in pursuit of an associate, baccalaureate, or advanced degree at an eligible postsecondary institution that is funded from net proceeds of the state lottery and awarded under this part;
40. (40) “THEC” means the Tennessee higher education commission;
41. (41) “Title IV” means Title IV of the Higher Education Act of 1965, (20 U.S.C. § 1070 et seq.);
42. (42) “TSAC” means the Tennessee student assistance corporation;
43. (43) “Unweighted grade point average” means grade point average on a 4.0 scale calculated without additional points awarded for advanced placement, honors or other similar courses; and
44. (44) “Wilder-Naifeh technical skills grant” means a grant for coursework in an eligible program of study at a Tennessee college of applied technology operated by the board of regents of the state university and community college system that is funded from net proceeds of the state lottery and awarded under this part.

§ 49-4-903. Administration of scholarship and grant programs.

(a) The scholarship and grant programs established by this part shall be administered by TSAC, which shall be responsible for determination of eligibility of students and for the distribution of funds appropriated by the general assembly for scholarships and grants awarded under the program. In the event net proceeds from lottery revenues are insufficient to fund fully the scholarships and grants created by this part, then TSAC is authorized to review and reduce the amounts to be awarded for such scholarships and grants pro rata.
(b) THEC shall provide assistance to the general assembly and to TSAC by researching and analyzing data concerning the scholarship and grant programs created under this part, including, but not limited to, student success and scholarship retention. THEC shall report its findings annually to the education committee of the senate and the education committees of the house of representatives by October 1.
1 Backlink
- 49-4-708(e)
(c) Postsecondary educational institutions that enroll students receiving scholarships or grants under this part shall provide all information required by TSAC and THEC that is necessary for administering, reviewing, and evaluating the programs. TSAC and THEC may choose to collect data from higher education institutions or through the University of Tennessee system, board of regents, the state universities, or the Tennessee Independent Colleges and Universities Association. TSAC and THEC shall maintain confidentiality of individual student records in accordance with the Family Educational Right to Privacy Act (20 U.S.C. § 1232g).

§ 49-4-904. Student ineligibility.

A student is ineligible for any scholarship or grant described in this part if the student:
1. (1) Is not a Tennessee citizen;
  1 Backlink
  - 49-4-928(b)
2. (2) Has not complied with United States selective service system requirements for registration, if such requirements are applicable to the student;
3. (3) Is in default on a federal Title IV educational loan or Tennessee educational loan;
4. (4) Owes a refund on a federal Title IV student financial aid program or a Tennessee student financial aid program;
5. (5) Is not in compliance with federal drug-free rules and laws for receiving financial assistance;
6. (6) Is incarcerated; or
7. (7) Does not meet each qualification relating to the relevant scholarship or grant that is applicable to the student.

17 Backlinks

§ 49-4-905. Student eligibility.

(a) To be eligible for a Tennessee HOPE scholarship, Tennessee HOPE access grant, Tennessee HOPE teacher's scholarship or a Wilder-Naifeh technical skills grant, a student must:
1. (1) Be a resident of this state, as classified pursuant to § 49-8-104;
  1 Backlink
  - 49-4-944(c)(3)
2. (2) Make application for a Tennessee HOPE scholarship, Tennessee HOPE access grant, Tennessee HOPE teacher's scholarship, or Wilder-Naifeh technical skills grant; and
  1 Backlink
  - 49-4-928(b)
3. (3) Be admitted to an eligible postsecondary institution.
6 Backlinks
(b)
1. (1) Notwithstanding anything in this part to the contrary, any person who, after December 1, 2003, enrolled in an eligible postsecondary institution in lieu of graduating from an eligible high school, and is otherwise qualified, shall be eligible for a Tennessee HOPE scholarship.
2. (2) To be eligible for a Tennessee HOPE scholarship, a student shall have graduated from an eligible high school, graduated from a high school located in Tennessee that is not an eligible high school, completed high school in a Tennessee home school program or obtained a high school equivalency credential approved by the state board of education. To be eligible for a Tennessee HOPE access grant a student shall have graduated from an eligible high school. This subsection (b) shall not apply to those students applying for Wilder-Naifeh technical skills grants.
  3 Backlinks
2 Backlinks
- 49-4-931(a)(2)
- 49-4-936(a)(3)

5 Backlinks

§ 49-4-906. Eligibility not restricted by student income.

Except for the ASPIRE award under § 49-4-915 and the Tennessee HOPE access grants under § 49-4-920, eligibility for scholarships or grants awarded under this part shall not be restricted or limited by the adjusted gross income attributable to a student. Students applying for the ASPIRE award under § 49-4-915 and students applying for a Tennessee HOPE access grant under § 49-4-920 shall file a FAFSA with TSAC.

§ 49-4-907. Eligibility requirements for HOPE scholarship.

To be eligible for a Tennessee HOPE scholarship as an entering freshman, a student who graduated from an eligible high school after December 1, 2003, upon having completed curriculum requirements of the high school for graduation, shall:
1. (1) Meet the requirements of §§ 49-4-904 and 49-4-905;
2. (2) Be admitted to and enroll in an eligible postsecondary institution no later than sixteen (16) months after graduation from high school; and
3. (3)
  1. (A) Achieve a final overall high school grade point average of at least 3.0; or
  2. (B) Attain a composite ACT score of at least 21 on any single ACT test date or a concordant equivalent score on the SAT on any single SAT test date.
  3 Backlinks

2 Backlinks

§ 49-4-908. Requirements for home schooled students, high school equivalency credential approved by the state board of education recipients or graduates of ineligible high schools.

(a) To be eligible for a Tennessee HOPE scholarship as an entering freshman, a student who completes high school in a Tennessee home school program, who graduates from a high school located in Tennessee that is not an eligible high school, or who obtains a high school equivalency credential approved by the state board of education shall:
1. (1) Not be ineligible for the scholarship under § 49-4-904;
2. (2) Meet the requirements of § 49-4-905;
3. (3)
  1. (A) Attain a composite ACT score of at least 21 on any single ACT test date or a concordant equivalent score on the SAT on any single SAT test date, if the student completed high school in a Tennessee home school program or graduated from a high school located in Tennessee that is not an eligible high school;
  2. (B) Pass the GED tests with an average score of at least 525, the revised GED tests with an average score of at least 170, or the HiSET tests with an average score of at least 15, and attain a composite ACT score of at least 21 on any single ACT test date or a concordant equivalent score on the SAT on any single SAT test date; or
  3. (C) Complete at least two (2) dual enrollment courses totaling at least six (6) semester hours credit at an eligible postsecondary institution and achieve a grade point average of at least 3.0 in each of two (2) dual enrollment courses and a cumulative grade point average of at least 3.0 in all dual enrollment courses attempted; and
  2 Backlinks
  - 49-4-934(a)(2)
  - 49-4-942(b)(2)
4. (4) Be admitted to and enroll in an eligible postsecondary institution no later than sixteen (16) months after completing high school in a Tennessee home school program, obtaining a high school equivalency credential approved by the state board of education, or graduating from high school.
(b) [Deleted by 2022 amendment.]
(c) [Deleted by 2022 amendment.]

2 Backlinks

§ 49-4-909. Eligibility for Tennessee middle college scholarship.

(a) To be eligible for a Tennessee middle college scholarship a student shall:
1. (1) Not be ineligible for the scholarship under § 49-4-904;
2. (2) Be classified as a resident of this state, pursuant to § 49-8-104;
3. (3) Have obtained a minimum cumulative high school grade point average of 3.0 by the end of the student's sophomore year;
4. (4) Be admitted to, and enrolled in, an eligible public two-year postsecondary institution that is partnering with an LEA to offer middle college in the fall semester of the student's junior year in high school; and
5. (5) Make application for the scholarship as prescribed by TSAC.
(b)
1. (1) To maintain eligibility for the Tennessee middle college scholarship, a student shall meet all nonacademic requirements of the program, maintain a cumulative grade point average of 3.0 at the end of each semester for all postsecondary courses attempted under the Tennessee middle college scholarship, and be enrolled full-time.
2. (2) If a student drops out of middle college, fails to maintain eligibility for the Tennessee middle college scholarship at the end of any semester, or fails to maintain full-time status, the student shall not be able to regain the scholarship.
(c) A student may receive a Tennessee middle college scholarship until the first of the following events:
1. (1) The student has earned an associate degree or completed high school; or
2. (2) Two (2) years have passed from the date of the student's enrollment as a middle college student in an eligible public two-year postsecondary institution.
(d) Subject to the amounts appropriated by the general assembly and any provision of law relating to a shortfall in funds available for postsecondary financial assistance from the net proceeds of the state lottery, a Tennessee middle college scholarship awarded to a student enrolled in middle college shall be two thousand dollars ($2,000) for full-time attendance for each semester.
(e)
1. (1) A student who successfully completes middle college and receives both a high school diploma and an associate degree shall be eligible to receive a Tennessee HOPE scholarship at the time of transfer to an eligible four-year postsecondary institution in pursuit of a baccalaureate degree, if the student:
  1. (A) Meets all academic and nonacademic requirements for the Tennessee HOPE scholarship;
  2. (B) Meets the requirements of § 49-4-911(a)(1) or (a)(2);
  3. (C) Transfers to the eligible four-year postsecondary institution no later than sixteen (16) months after graduation from high school; and
  4. (D) Applies for the Tennessee HOPE scholarship.
2. (2) To continue to be eligible for a Tennessee HOPE scholarship at the end of subsequent semesters when eligibility is checked, the student shall meet the requirements of § 49-4-911.
3. (3) Time enrolled in an eligible postsecondary institution as a middle college scholarship student will not count towards the terminating events under § 49-4-913.
(f) A student who enrolls in middle college and receives a Tennessee middle college scholarship, but does not complete middle college and does not receive an associate degree shall be eligible for a Tennessee HOPE scholarship upon enrolling in an eligible postsecondary institution no later than sixteen (16) months after completion of high school, if the student:
1. (1) Is not ineligible for the scholarship under § 49-4-904;
2. (2) Meets all requirements of § 49-4-905(a); and
3. (3) Meets the requirements of § 49-4-907 or § 49-4-908.
(g) A student who does not receive a Tennessee middle college scholarship in the fall semester of the junior year in high school shall not be eligible to receive a Tennessee middle college scholarship at any later time.
(h) No retroactive award of a Tennessee middle college scholarship shall be made under this section.
(i) A student receiving a Tennessee middle college scholarship shall not be eligible for a dual enrollment grant under § 49-4-930.
(j) The award of Tennessee middle college scholarships shall commence with the 2018-2019 academic year.

§ 49-4-910. HOPE scholarship — Transfers between eligible postsecondary institutions.

A student who receives a Tennessee HOPE scholarship and attends an eligible postsecondary institution may transfer to another eligible postsecondary institution without loss of the scholarship; provided, that the student continues to meet all requirements for the scholarship. The scholarship award shall be the award applicable to the eligible postsecondary institution to which the student transferred.

§ 49-4-911. HOPE scholarship — Continuation requirements.

(a)
1. (1) To continue to receive a Tennessee HOPE scholarship, a student at an eligible postsecondary institution shall continue to meet all applicable nonacademic requirements for the scholarship and shall reapply for the scholarship upon attempting twenty-four (24), forty-eight (48), seventy-two (72), ninety-six (96) or any subsequent multiple of twenty-four (24) semester hours. At the end of the semesters in which the student has attempted a total of twenty-four (24) and forty-eight (48) semester hours, the student shall have achieved a cumulative grade point average of at least 2.75 to continue to receive the Tennessee HOPE scholarship. At the end of any subsequent semester at which continuing eligibility for the scholarship is reviewed under this subdivision (a)(1), a student shall achieve a cumulative grade point average of at least 3.0 to continue to receive the Tennessee HOPE scholarship.
  5 Backlinks
2. (2) Notwithstanding subdivision (a)(1) to the contrary, a student who fails to achieve a cumulative grade point average of at least 3.0 when continuing eligibility is reviewed at the end of seventy-two (72) semester hours or at a subsequent semester when continuing eligibility is reviewed under subdivision (a)(1), but who has a cumulative grade point average of at least 2.75 and a semester grade point average of at least 3.0 for the semester in which continuing eligibility under subdivision (a)(1) was reviewed, shall be eligible to continue to receive a Tennessee HOPE scholarship for one (1) additional semester; provided, that the student enrolls full-time in that semester and the student is still eligible for a scholarship under § 49-4-913. Subsequently, the student shall be eligible to receive the scholarship, if the student maintains both full-time and continuous enrollment, a cumulative grade point average of at least 2.75 and a grade point average of at least 3.0 in the last semester in which the student attended full-time. If, however, the student achieves a cumulative grade point average of at least 3.0 at any time when continuing eligibility is reviewed under subdivision (a)(1), then the student's continuing eligibility for a Tennessee HOPE scholarship shall be reviewed under subdivision (a)(1) at the next benchmark.
  2 Backlinks
  - 49-4-920(e)(2)
  - 49-4-931(b)
(b) A student receiving a Tennessee HOPE scholarship who ceases to be academically eligible for the scholarship because the student fails to meet the requirements of either subdivision (a)(1) or (a)(2) at the end of a semester at which continuing eligibility is reviewed pursuant to the applicable subdivision (a)(1) or (a)(2) may regain the HOPE scholarship if the student continues to meet all applicable nonacademic requirements for the scholarship, attends an eligible postsecondary institution without the HOPE scholarship, meets the requirements of either subdivision (a)(1) or (a)(2) at the end of a subsequent semester when continuing eligibility is reviewed under the applicable subdivision (a)(1) or (a)(2) and reapplies for the scholarship. A student who regains the scholarship and then loses the scholarship a second time by failing to meet the requirements of either subdivision (a)(1) or (a)(2) at the end of a subsequent semester in which academic qualifications are reviewed, may not regain the scholarship. No retroactive award of a Tennessee HOPE scholarship shall be made under this subsection (b) for semester hours attempted in order to regain the scholarship.
1 Backlink
- 49-4-916(d)
(c) If a student ceases to be eligible for a Tennessee HOPE scholarship at any time for any nonacademic reason, then the student shall not be able to regain the Tennessee HOPE scholarship.
(d) Notwithstanding subsection (a) and § 49-4-902 to the contrary, a student may choose to repeat one (1) course one (1) time, and have the student's cumulative grade point average or semester grade point average, or both, calculated as if the only attempt at the course was the attempt in which the higher grade was achieved for the purposes of determining whether the student meets the continuation requirements of subdivision (a)(1) or (a)(2). Only one (1) course may be repeated for favorable treatment in calculating a grade point average under this subsection (d). TSAC shall promulgate rules and regulations to effectuate the purposes of this subsection (d). The rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

7 Backlinks

§ 49-4-912. HOPE scholarship — Contingencies.

(a) The receipt of a Tennessee HOPE scholarship is contingent upon admission to an eligible postsecondary institution. Academically qualifying for a Tennessee HOPE scholarship does not guarantee admission to an eligible postsecondary institution.
(b) Tennessee HOPE scholarship students may enroll as full-time students or part-time students at an eligible postsecondary institution. A student who enrolls as a full-time student at the beginning of a semester may not drop to part-time status in that semester, unless the student requests and the institution approves part-time status based on documented medical or personal grounds. TSAC shall promulgate rules and regulations for attendance as a part-time student, payment of awards to part-time students, change from full-time to part-time status based on documented medical or personal grounds, and the grounds for which such change from full-time to part-time status may be granted. The rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

§ 49-4-913. HOPE scholarship — Terminating events.

(a) Except as set forth in §§ 49-4-919, 49-4-930, 49-4-931 and 49-4-937, a student may receive a Tennessee HOPE scholarship until the first of the following events:
1. (1) The student has earned an advanced degree; or
2. (2) Five (5) years have passed from the date of the student's initial enrollment at any postsecondary institution.
(b) Notwithstanding the provisions of this section to the contrary limiting the receipt of a HOPE scholarship to a five-year period beginning at the time of a student's initial enrollment at any postsecondary institution, a student who has a documented medical disability and whose eligibility for a HOPE scholarship has not terminated due to meeting another limitation on eligibility applicable to the student under this section, may petition for an extension of the five-year period if, because of the disability, the student can only attend an eligible postsecondary institution part-time. Such extension shall not extend beyond ten (10) years from the date of the student's initial enrollment at any postsecondary institution. TSAC shall promulgate rules and regulations for the approval of extensions of time for receipt of a HOPE scholarship because of medical disabilities. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

6 Backlinks

§ 49-4-914. Scholarships awards.

(a) Subject to the amounts appropriated by the general assembly and any provision of law relating to a shortfall in funds available for postsecondary financial assistance from the net proceeds of the state lottery, the amount of a Tennessee HOPE scholarship and Tennessee HOPE scholarship for nontraditional students awarded to a student attending an eligible four-year postsecondary institution is two thousand two hundred fifty dollars ($2,250) for full-time attendance for each semester. This award amount applies to each entering freshman in the fall term of 2022, and thereafter, and continues through the final semester of the student's sophomore year. The determination of a student's status as a freshman or sophomore must be made by the postsecondary institution attended.
(b) Subject to the amounts appropriated by the general assembly and any provision of law relating to a shortfall in funds available for postsecondary financial assistance from the net proceeds of the state lottery, for a student described in subsection (a) the award amount increases to two thousand eight hundred fifty dollars ($2,850) per semester beginning in the student's junior year, as determined by the postsecondary institution attended, and must continue until the student is no longer eligible for a Tennessee HOPE scholarship.
(c) Subject to the amounts appropriated by the general assembly and any provision of law relating to a shortfall in funds available for postsecondary financial assistance from the net proceeds of the state lottery, a Tennessee HOPE scholarship awarded to a student attending an eligible two-year postsecondary institution is one thousand six hundred dollars ($1,600) for full-time attendance for each semester.
(d) The amount of a Tennessee HOPE scholarship awarded to a student attending an eligible two-year postsecondary institution that provides on-campus housing is the same as the amount provided in subsection (a).

4 Backlinks

§ 49-4-915. ASPIRE awards.

(a) To be eligible for an ASPIRE award, a student shall:
1. (1) Be eligible for a Tennessee HOPE scholarship; and
2. (2) Have an adjusted gross income attributable to the student that does not exceed thirty-six thousand dollars ($36,000).
  4 Backlinks
(b) The student shall receive the Tennessee HOPE scholarship award under § 49-4-914 and an ASPIRE award. Subject to the amounts appropriated by the general assembly, and any law relating to a shortfall in funds available for postsecondary financial assistance from the net proceeds of the state lottery, the ASPIRE award for full-time students shall be determined in accordance with § 4-51-111 and shall be set in the general appropriations act. Both the Tennessee HOPE scholarship and the ASPIRE award are subject to the amounts appropriated by the general assembly and any law relating to a shortfall in funds available for postsecondary financial assistance from the net proceeds of the state lottery.
(c) The adjusted gross income attributable to the student shall be reviewed each academic year to determine continuing eligibility for the ASPIRE award.

5 Backlinks

§ 49-4-916. Merit scholarship.

(a) To be eligible for a general assembly merit scholarship as an entering freshman, a student must:
1. (1) Meet all requirements for a Tennessee HOPE scholarship;
2. (2) Achieve a final high school grade point average of at least 3.75; and
3. (3) Attain a composite ACT score of at least 29 on any single ACT test date or a concordant equivalent score on the SAT on any single SAT test date.
(b) To be eligible for a general assembly merit scholarship as an entering freshman, a student who completes high school in a Tennessee home school program after December 1, 2003, or who graduates from a high school located in Tennessee that is not an eligible high school after December 1, 2003, shall:
1. (1) Meet all requirements for a Tennessee Hope scholarship that are applicable to the student;
2. (2) Attain a composite ACT score of at least 29 on any single ACT test date or a concordant equivalent score on the SAT on any single SAT test date;
3. (3) During the course of a home school program or while attending an ineligible high school:
  1. (A) Enroll in at least four (4) dual enrollment courses totaling at least twelve (12) semester hours credit at an eligible postsecondary institution and achieve a cumulative grade point average of at least 3.0;
  2. (B) Participate in a governor's school program, and achieve a cumulative grade point average of at least 3.0;
  3. (C) Take two (2) Advanced Placement (AP) examinations, and make a score of at least three (3); or
  4. (D) Take one (1) College-Level Examination Program (CLEP) test, and make a score of at least fifty-five (55);
4. (4) Apply for a general assembly merit scholarship; and
5. (5) Be admitted to and enroll in an eligible postsecondary institution no later than sixteen (16) months after completing high school in a Tennessee home school program, or graduating from high school.
(c) A student, who receives a general assembly merit scholarship as an entering freshman shall continue to be eligible for a general assembly merit scholarship, if the student meets all requirements of § 49-4-911 for continuation of a Tennessee HOPE scholarship.
(d) If a student receiving a general assembly merit scholarship ceases to be academically eligible for the general assembly merit scholarship, by failing to maintain the required cumulative grade point average at the end of any semester in which academic eligibility is reviewed under § 49-4-911, then the student may regain the Tennessee HOPE scholarship award under § 49-4-911(b), but may not regain the general assembly merit scholar supplemental award. If a student receiving a general assembly merit scholarship ceases to be eligible for a general assembly merit scholarship at any time, for any reason other than failure to maintain the required cumulative grade point average, then the student shall not be able to regain either the Tennessee HOPE scholarship or the general assembly merit scholar supplemental award.
(e) A student who meets the requirements for a general assembly merit scholarship shall receive a Tennessee HOPE scholarship award under § 49-4-914 and a general assembly merit scholar supplemental award. The general assembly merit scholar supplemental award for full-time students shall be determined in accordance with § 4-51-111 and shall be set in the general appropriations act. Both the Tennessee HOPE scholarship award and the general assembly merit scholar supplemental award are subject to the amounts appropriated by the general assembly and any law relating to a shortfall in funds available for postsecondary financial assistance from the net proceeds of the state lottery.

3 Backlinks

§ 49-4-917. Choice of ASPIRE award or supplemental award.

Students may receive either the ASPIRE award, under § 49-4-915, or the supplemental award as a general assembly merit scholar, but not both.

1 Backlink

49-4-929(e)

§ 49-4-918. Military service.

(a) A student who enters the United States armed services within two (2) years after the student graduates from an eligible high school, graduates from a high school located in Tennessee that is not an eligible high school, completes high school in a Tennessee home school program or obtains a high school equivalency credential approved by the state board of education may apply for a Tennessee HOPE scholarship within seven (7) years of the student's date of entry into military service; provided, that the student did not attend a postsecondary institution before entering military service. If, however, the student is separated from active duty under a fully honorable discharge before applying for a Tennessee HOPE scholarship, then the student shall apply for a scholarship within one (1) year of the date of separation from active duty under a fully honorable discharge or within seven (7) years of the student's date of entry into military service, whichever occurs first.
(b) To be eligible for a Tennessee HOPE scholarship, the student shall:
1. (1) Meet the requirements of § 49-4-907, other than any requirements pertaining to deadlines for application for a Tennessee HOPE scholarship if the student graduated from an eligible high school before entering military service; or
2. (2) Meet the requirements of § 49-4-908, other than any requirements pertaining to deadlines for application for a Tennessee HOPE scholarship if the student completed high school in a Tennessee home school program, graduated from a high school located in Tennessee that is not an eligible high school or obtained a high school equivalency credential approved by the state board of education.
(c) To continue to receive the scholarship, the student shall maintain satisfactory academic progress in accordance with the standards and practices used for federal Title IV programs by the institution at which the student is enrolled, shall continue to meet all eligibility requirements, shall reapply for the scholarship each academic year and shall meet the continuation requirements of § 49-4-911.
(d) This section shall not apply to any person whose discharge is not fully honorable. Discharges under honorable conditions and general discharges do not establish eligibility for a Tennessee HOPE scholarship under this section.

§ 49-4-919. Medical or personal leave of absence.

(a) A Tennessee HOPE scholarship student who has an approved medical or personal leave of absence from an eligible postsecondary institution may continue to receive the scholarship upon resuming the student's education at an eligible postsecondary institution so long as the student continues to meet all applicable eligibility requirements. The student shall be eligible for the scholarship until the first of the following events:
1. (1) The student has earned an advanced degree; or
2. (2) The sum of the number of years the student attended a postsecondary institution prior to the leave of absence and the number of years of attendance after the leave of absence equals five (5) years.
(b) Except for approved medical or personal leaves of absence, a Tennessee HOPE scholarship student, including a part-time student, shall be enrolled continuously as a student at an eligible postsecondary institution.
(c)
1. (1) TSAC shall promulgate rules and regulations for approval of medical or personal leave and the grounds for which the leave may be granted. The rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
2. (2) TSAC shall promulgate rules designating pregnancy as an approved medical or personal leave of absence for purposes of the Tennessee HOPE scholarship. The rules must be promulgated in accordance with the Uniform Administrative Procedures Act.

2 Backlinks

§ 49-4-920. HOPE access grant.

(a) To be eligible for a Tennessee HOPE access grant, an entering freshman student shall:
1. (1) Meet all requirements of §§ 49-4-904 and 49-4-905;
2. (2) Have an adjusted gross income attributable to the student that does not exceed thirty-six thousand dollars ($36,000);
3. (3) Submit an initial Tennessee HOPE access grant application no later than September 1, 2021, or a renewal application by the deadline published on TSAC's website each year thereafter;
4. (4) Graduate from an eligible high school after December 1, 2003, upon having completed curriculum requirements of the high school for graduation;
5. (5) Achieve a final high school grade point average of at least 2.75;
6. (6) Attain a composite ACT score of at least 18 on any single ACT test date or a concordant equivalent score on the SAT on any single SAT test date; and
7. (7) Be admitted to, and enroll in, an eligible postsecondary institution no later than sixteen (16) months after graduation from an eligible high school.
(b)
1. (1) A Tennessee HOPE access grant shall be awarded to an eligible student only until the end of the semester in which the student has attempted a total of twenty-four (24) semester hours. A student who is eligible for a Tennessee HOPE Scholarship shall be ineligible for a Tennessee HOPE access grant.
2. (2) A student receiving a Tennessee HOPE access grant shall maintain continuous enrollment at an eligible postsecondary institution.
3. (3) If a student ceases to be eligible for a Tennessee HOPE access grant at any time for any reason, then the student may not regain the Tennessee HOPE access grant and shall not be eligible for a Tennessee HOPE scholarship.
(c) The receipt of a Tennessee HOPE access grant is contingent upon admission to an eligible postsecondary institution. Financially and academically qualifying for a Tennessee HOPE access grant does not guarantee admission to an eligible postsecondary institution.
(d) Subject to the amounts appropriated by the general assembly and any law relating to a shortfall in funds available for postsecondary assistance from the net proceeds of the state lottery, a Tennessee HOPE access grant shall be fifty percent (50%) of the combined award of the ASPIRE award under § 49-4-915 and the Tennessee HOPE scholarship awarded under § 49-4-914 that is applicable to Tennessee HOPE scholarship recipients at the eligible postsecondary institution at which the Tennessee HOPE access grant recipient is enrolled.
(e)
1. (1) TSAC shall review a student's eligibility at the end of the semester in which the student has attempted twenty-four (24) semester hours. If a student receiving a Tennessee HOPE access grant has achieved a cumulative grade point average of at least 2.75 at the end of the semester in which the student has attempted twenty-four (24) semester hours, then the student shall be eligible for a Tennessee HOPE scholarship. If the student meets the requirements of § 49-4-915(a)(2), the student shall be eligible for an ASPIRE award.
2. (2) If a student receiving a Tennessee HOPE access grant does not achieve a cumulative grade point average of at least 2.75 at the end of the semester in which the student has attempted twenty-four (24) semester hours, but the student, without financial assistance from lottery proceeds, continues to attend an eligible postsecondary institution and meets the requirements of § 49-4-911(a)(1) at the end of the semester in which the student has attempted forty-eight (48), seventy-two (72), ninety-six (96) or any subsequent multiple of twenty-four (24) semester hours or the requirements of § 49-4-911(a)(2) at the end of forty-eight (48) semester hours or at the end of any subsequent semester, then the student shall be eligible for a Tennessee HOPE scholarship if the student meets all other applicable requirements. If, at that time, the student meets the requirements of § 49-4-915(a)(2), the student shall be eligible for an ASPIRE award.
(f) A student may receive a Tennessee HOPE scholarship after having received a Tennessee HOPE access grant until the first of the following events:
1. (1) The student has earned an advanced degree; or
2. (2) Five (5) years have passed from the date of the student's initial enrollment at any postsecondary institution.

4 Backlinks

§ 49-4-921. Wilder-Naifeh technical skills grant.

(a) To be eligible for a Wilder-Naifeh technical skills grant, a student seeking a diploma or certificate at a Tennessee college of applied technology operated by the board of regents of the state university and community college system shall:
1. (1) Meet the requirements of §§ 49-4-904 and 49-4-905(a); and
2. (2) Be admitted to the institution in an eligible program of study leading to a certificate or diploma.
(b) No minimum number of hours of enrollment is required for eligibility for a Wilder-Naifeh technical skills grant under this section, but a student receiving a grant shall maintain satisfactory academic progress in accordance with the standards and practices used for federal Title IV programs by the institution at which the student is enrolled to continue the grant. If a student fails to maintain satisfactory academic progress, then the student shall lose the Wilder-Naifeh technical skills grant. Once a student loses a Wilder-Naifeh technical skills grant, no additional award under this section shall be made.
(c) A student who has been awarded a Wilder-Naifeh technical skills grant shall maintain continuous enrollment at the institution in accordance with the institution's requirements.
(d) Until receipt of the certificate or diploma, a student shall reapply each academic year for the Wilder-Naifeh technical skills grant.
(e) An eligible student may receive a Wilder-Naifeh technical skills grant for all course work required by the institution for an eligible program of study leading to a certificate or diploma. Wilder-Naifeh technical skills grants may not be used for continuing education courses.
(f) Subject to the amounts appropriated by the general assembly and any law relating to a shortfall in funds available for postsecondary financial assistance from the net proceeds of the state lottery, a Wilder-Naifeh technical skills grant awarded under this section shall be determined in accordance with § 4-51-111, and shall be set in the general appropriations act.
(g) No student shall be eligible for more than one (1) Wilder-Naifeh technical skills grant.

§ 49-4-922. Financial assistance reduction.

If the sum of all financial aid, including a Tennessee HOPE scholarship, a Tennessee HOPE access grant, a general assembly merit scholarship, an ASPIRE award, under § 49-4-915 or a Wilder-Naifeh technical skills grant, for which a student qualifies exceeds the institutionally defined total cost of education at the eligible postsecondary institution the scholarship or grant recipient is attending, then the student's financial assistance provided shall be reduced so that the financial aid actually received by the student does not exceed the institutionally defined total cost of education.

§ 49-4-923. Wilder-Naifeh reconnect grant.

(a) This section shall be known and may be cited as the “Wilder-Naifeh reconnect grant.”
(b) To be eligible for a Wilder-Naifeh reconnect grant, a student seeking a diploma or certificate at a Tennessee college of applied technology operated by the board of regents of the state university and community college system shall:
1. (1) Meet the requirements of §§ 49-4-904 and 49-4-905(a);
2. (2) Be admitted to the institution in an eligible program of study;
3. (3) Complete and file the FAFSA. Students shall complete the FAFSA each academic year in which they seek to receive the Wilder-Naifeh reconnect grant; and
4. (4) Be an independent student as determined by the FAFSA.
(c) A student who receives a Wilder-Naifeh reconnect grant under this section shall be enrolled full-time as defined in § 49-4-708. If a student fails to maintain satisfactory academic progress, then the student shall lose the Wilder-Naifeh reconnect grant. Once a student loses a Wilder-Naifeh reconnect grant, no additional award under this section shall be made.
(d) A student who has been awarded a Wilder-Naifeh reconnect grant shall maintain continuous enrollment at the institution in accordance with the institution's requirements.
(e) A student shall reapply each academic year for the Wilder-Naifeh reconnect grant.
(f) An eligible student may receive a Wilder-Naifeh reconnect grant for all course work required by the institution for an eligible program of study. Wilder-Naifeh reconnect grants may not be used for continuing education courses.
(g) Subject to the amounts appropriated by the general assembly and any law relating to a shortfall in funds available for postsecondary financial assistance from the net proceeds of the state lottery, a Wilder-Naifeh reconnect grant awarded under this section shall be for independent students as determined by the FAFSA, and shall be the cost of tuition and mandatory fees at the Tennessee college of applied technology attended less all other gift aid, which shall be credited first to the student's tuition and mandatory fees. Notwithstanding § 49-4-902, “gift aid” as used in this section shall be financial aid received from a federal Pell grant, a Tennessee student assistance award, and any scholarship or grant funded from net lottery proceeds under this part.
(h) No student shall be eligible for more than one (1) Wilder-Naifeh reconnect grant.

§ 49-4-924. Promulgation of rules and regulations.

(a) TSAC is authorized to promulgate rules and regulations to establish deadlines for applications, appeal procedures for the denial or revocation of scholarships and grants, methods of paying scholarship awards to part-time students and to otherwise effectuate the purposes of this part. The rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(b) TSAC shall promulgate rules and regulations to provide for repayment or partial repayment of a scholarship or grant awarded to a student who subsequently withdraws from courses or from the postsecondary institution. The rules shall be comparable to rules for repayment of other financial aid available to postsecondary students. No repayment shall be required if a full-time undergraduate student withdraws from a course and the withdrawal does not reduce the student's course load below twelve (12) semester hours, or if a graduate student withdraws from a course and the withdrawal does not reduce the student's course load below the number of hours required for full-time attendance as a graduate student by the institution attended. All students shall be notified of the consequences of withdrawing from courses or from the institution when notified of the award of a scholarship or grant. The rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act.
(c) THEC is authorized to promulgate rules and regulations to effectuate the purposes of this part. The rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act.
(d) Notwithstanding the Uniform Administrative Procedures Act or any other law to the contrary, TSAC and THEC are authorized to promulgate emergency rules to implement this part.
(e) Costs incurred by TSAC and THEC in administering the educational programs created under this part that provide financial assistance to enable citizens of this state to attend postsecondary educational institutions shall be funded from the lottery for education account as part of the programs.

§ 49-4-925. Construction.

The provisions of this part providing for postsecondary financial assistance from the net proceeds of the state lottery shall not be construed to be an appropriation of funds and no funds shall be obligated or expended pursuant to this part unless the funds are specifically appropriated by the general appropriations act.

§ 49-4-926. Dependent child of military parent.

(a) Notwithstanding any provision of this part to the contrary, a student who is a Tennessee citizen and a dependent child of a military parent shall be eligible for a Tennessee HOPE scholarship as an entering freshman, if the student meets all eligibility requirements for the scholarship, except that, while the parent is a military parent, the student does not reside in Tennessee immediately preceding the date of application for financial assistance; and the student did not graduate from an eligible high school, as defined in § 49-4-902, graduate from a Tennessee high school that is not an eligible high school, complete high school in a Tennessee home school program or obtain a high school equivalency credential approved by the state board of education from a state-approved institution or organization. If the student graduated from a high school outside of this state, then the high school shall be considered an eligible high school for purposes of determining the student's eligibility for a scholarship, if the school was operated by the government of the United States, accredited by the appropriate regional accrediting association for the state in which the school is located, or accredited by an accrediting association recognized by the foreign nation in which the school is located. If the student graduated from a high school outside of this state that does not meet the requirements of this section to be considered an eligible high school, completed high school in a home school program or obtained a high school equivalency credential approved by the state board of education, then the student shall meet the eligibility requirements for Tennessee HOPE scholarships for students graduating from Tennessee high schools that are not eligible high schools.
(b) As used in this section:
1. (1) “Dependent child” means a natural or adopted child or stepchild whom a military parent claims as a dependent for federal income tax purposes; provided, however, that the child is under twenty-one (21) years of age and resides in another state or nation only while the military parent is engaged in active military service, on full-time national guard duty or actively employed by the department of defense;
2. (2) “Military parent” means a parent of a dependent child who is:
  1. (A) A member of the armed forces engaged in active military service of the United States and stationed on active duty outside of this state;
  2. (B) A member of the Tennessee national guard engaged in active military service of the United States and stationed on active duty outside of this state; or
  3. (C) A full-time civilian employee of the department of defense working outside of this state; and
3. (3) “Tennessee national guard” means any federally recognized unit of the Tennessee army and air national guard.
(c) This section shall only apply to:
1. (1)
  1. (A) A dependent child of a member of the armed forces or Tennessee national guard whose parent's home of record, at the time of entry into military service, was determined to be Tennessee; or
  2. (B) A dependent child of a member of the armed forces or Tennessee national guard who qualifies to be classified as an in-state student under regulations promulgated by the board of regents pursuant to § 49-8-104, at the time of application to the eligible postsecondary institution; and
2. (2) Dependent children of full-time civilian employees of the United States department of defense, who are legal residents of this state.
1 Backlink
- 49-4-708(c)(1)(A)(iv)

1 Backlink

49-4-708(c)(1)(A)(iv)

§ 49-4-927. [Reserved]

§ 49-4-928. HOPE scholarship for dependent children and spouses of certain military veterans.

(a) As used in this section, unless the context otherwise requires:
1. (1) “Dependent child” means a natural or adopted child of a service member whom such service member claimed as a dependent for federal income tax purposes; provided, however, that the child is under twenty-one (21) years of age;
2. (2) “Member of the armed services” means a citizen of this state who is a member of the armed forces of the United States or a member of a reserve or Tennessee national guard unit who is called into active military service of the United States, as defined in § 58-1-102, and is stationed outside the United States during hostilities in which military personnel are entitled to combat compensation as determined by the United States department of defense; and
3. (3) “Serving honorably” means the character of service condition as reported on certificate of release or discharge from active duty (department of defense form 214).
(b) Notwithstanding any provision of this part to the contrary, a student who is a dependent child or spouse of a member of the armed services who, while serving honorably, was killed in action, died as a direct result of injuries received from a service connected, combat-related cause, or was officially reported as being either a prisoner of war or missing in action shall be eligible for a Tennessee HOPE scholarship if the student meets the requirements of §§ 49-4-904(1)-(6), 49-4-905(a)(2) and (a)(3), and 49-4-907(3) and the student was a citizen of Tennessee at the time the member of the armed forces died, was imprisoned, or was reported missing in action.
(c) A student claiming eligibility under this section shall present the documentation required by § 49-7-102(b)(1).
(d)
1. (1) A student receiving a Tennessee HOPE scholarship under this section shall meet the requirements of § 49-4-911 to continue to receive the scholarship.
2. (2) A student who qualifies for a Tennessee HOPE scholarship under this section as a spouse of a member of the armed services shall apply for a scholarship and enroll in an eligible postsecondary institution within ten (10) years of the date of death, imprisonment or report that the member of the armed services is missing in action. If the spouse remarries prior to the receipt of the scholarship, then the spouse's eligibility under this section shall terminate.
(e) If a student eligible for a Tennessee HOPE scholarship under this section attends an eligible public postsecondary institution and receives a waiver of tuition and fees under § 49-7-102, then, notwithstanding any provision of this part to the contrary, the scholarship may be used for the cost of room and board, which shall not exceed the maximum cost of room and board provided through the facilities of the eligible public postsecondary institution.

2 Backlinks

§ 49-4-929. Hope scholarship — Eligibility of transfer students from postsecondary institutions outside of state.

(a) To be eligible for a Tennessee HOPE scholarship as a transfer student from a regionally accredited postsecondary institution located outside of this state, a student shall:
1. (1) Not be ineligible for the scholarship under § 49-4-904;
2. (2) Meet the requirements of § 49-4-905;
3. (3) Be admitted to and enroll in a regionally accredited postsecondary institution located outside of this state;
4. (4) Maintain satisfactory progress in a course of study, in accordance with the standards and practices used for federal Title IV programs by the regionally accredited postsecondary institution in which the student is enrolled;
5. (5) Apply for a Tennessee HOPE scholarship; and
6. (6) Be admitted to and enroll in an eligible postsecondary institution.
(b) This section shall only apply to a student who is eligible for a Tennessee HOPE scholarship as an entering freshman, but who chooses to attend a regionally accredited postsecondary institution located outside of this state without a HOPE scholarship; provided, that the student enrolls in the regionally accredited postsecondary institution located outside of this state no later than sixteen (16) months after graduating from an eligible high school, graduating from a high school located in this state, completing high school in a Tennessee home school program or obtaining a high school equivalency credential approved by the state board of education.
(c) If the student transfers to an eligible postsecondary institution, then the student shall be eligible academically for a Tennessee HOPE scholarship if the student meets the requirements of:
1. (1) Section 49-4-911(a)(1) and the student transfers before attempting forty-eight (48) semester hours; or
2. (2) Section 49-4-911(a)(1) or (a)(2) and the student transfers after attempting forty-eight (48) or more semester hours.
(d) To continue to receive a Tennessee HOPE scholarship, the student shall meet the requirements of § 49-4-911. A HOPE scholarship awarded under this section shall be subject to § 49-4-913.
(e) A student who is eligible for a Tennessee HOPE scholarship under this section and who also meets the qualifications for a general assembly merit scholar supplemental award shall be eligible for the supplemental award. A student whose adjusted gross income does not exceed the amount set in § 49-4-915(a)(2) shall be eligible for an ASPIRE award for need. Pursuant to § 49-4-917, a student may not receive both the ASPIRE award for need and the supplemental award as a general assembly merit scholar.

1 Backlink

49-4-935(b)

§ 49-4-930. Dual enrollment grant for high school students.

(a) As used in this section:
1. (1) “Certificate” or “diploma” means a credential, other than a degree, the receipt of which indicates satisfactory completion of training in a technical education program of study offered by an eligible postsecondary institution;
2. (2) “Course” includes a course taken at an eligible postsecondary institution, or the equivalent at a Tennessee college of applied technology;
3. (3) “Eligible postsecondary institution” has the same meaning as defined in § 49-4-902. “Eligible postsecondary institution” also means a private, nonprofit technical school that:
  1. (A) Has had its primary campus domiciled in this state for at least seventy-five (75) consecutive years;
  2. (B) Is accredited by the Council on Occupational Education; and
  3. (C) In addition to offering diploma, certificate, and associate degree programs, offers a baccalaureate degree through an articulation agreement with a regionally accredited postsecondary institution;
4. (4) “Semester” has the same meaning as defined in § 49-4-902;
5. (5) “TCAT” means a Tennessee college of applied technology operated by the board of regents; and
6. (6) “Tuition,” also referred to as “in-state tuition” or “maintenance fees,” means the enrollment or registration fee charged for instruction in a course, which is calculated by multiplying a dollar amount by the number of semester credit hours in which a student enrolls, or the equivalent fee for a course measured by clock hours. “Tuition” does not include any other fees assessed by an institution to its students, including, but not limited to, mandatory fees, online or technology fees, application fees, book or material fees, access fees, course fees, or other fees charged to students for a specific purpose, activity, facility, or service, whether calculated on the number of credit hours or clock hours or whether charged as a flat rate.
(b) It is the intent of the general assembly that the purposes of the dual enrollment grant are:
1. (1) To provide an opportunity for Tennessee high school students to earn an initial technical credential or a semester of college credit by high school graduation, free of tuition and fees; and
2. (2) To encourage TCATs to establish technical middle college programs, in partnership with local education agencies, that permit students to earn an advanced technical certificate or diploma by their high school graduation.
(c) A high school student is eligible for a dual enrollment grant if the student:
1. (1) Is a resident of this state, as classified pursuant to § 49-8-104;
2. (2) Is admitted to an eligible postsecondary institution as a dual enrollment student, and if the student:
  1. (A) Is a junior or senior in high school; or
  2. (B) Has completed the eighth grade and is enrolled in a TCAT; and
3. (3) Submits an application, as required by TSAC.
(d)
1. (1) A student may receive a dual enrollment grant for one (1) or more courses per semester at one (1) or more eligible postsecondary institutions.
2. (2) To be eligible for a dual enrollment grant for a semester beyond the first semester of the student's receipt of a dual enrollment grant, the student must continue to meet all eligibility requirements for the grant and must achieve a minimum cumulative grade point average of 2.0 for all postsecondary courses attempted under a dual enrollment grant.
3. (3) Notwithstanding subdivision (d)(2), a student enrolled in a clock hour course that is not completed within one (1) semester maintains eligibility for the grant in the subsequent semester if the student attends the number of clock hours required for grant disbursement for the course and continues to meet all eligibility requirements. Continuing eligibility under this subdivision (d)(3) is applicable to a student previously enrolled in a clock hour course who transfers to another eligible postsecondary institution in the subsequent semester.
(e) A course attempted by a dual enrollment student does not count toward the limitation on receiving a Tennessee HOPE scholarship under § 49-4-913.
(f) If a dual enrollment student enrolls in an eligible public postsecondary institution after graduation from high school, then the eligible public postsecondary institution shall not deny credit toward an associate or baccalaureate degree for a college course taken as a dual enrollment student if the student successfully completed the course. If the dual enrollment course was not taken at the institution in which the student enrolls after graduation from high school, then the course must qualify for transfer credit.
(g) Subject to the amounts appropriated by the general assembly and any law relating to a shortfall in funds available for postsecondary financial assistance from the net proceeds of the state lottery:
1. (1) A student who is eligible to receive a dual enrollment grant pursuant to this section is eligible to receive a dual enrollment grant for no more than:
  1. (A) One thousand two hundred ninety-six (1,296) clock hours at a TCAT; or
  2. (B) Ten (10) courses measured by semester hours at an eligible postsecondary institution that offers degrees;
2. (2) The award for a dual enrollment course taken at a TCAT is the average tuition established annually by the board of regents for regular in-state students at Tennessee colleges of applied technology, plus an additional dual enrollment access fee of five percent (5%) of the average tuition;
3. (3) For the first five (5) dual enrollment semester-hour courses taken at an eligible postsecondary institution, the award for a dual enrollment grant is the average tuition established annually by the board of regents for regular in-state students at community colleges, plus an additional dual enrollment access fee of five percent (5%) of the average tuition;
4. (4) Notwithstanding subdivision (g)(3), the award for a course taken at an eligible postsecondary institution, as described in subdivisions (a)(3)(A) — (C), that is one (1) of a student's first five (5) dual enrollment courses, is the award described in subdivision (g)(2) if the course satisfies the requirements of a certificate or diploma program;
5. (5) An eligible public postsecondary institution shall not charge a student receiving a dual enrollment grant under subdivisions (g)(2)-(4) tuition or fees in excess of the student's dual enrollment grant award, as established in the respective subdivision. However, an eligible public postsecondary institution may charge a student receiving a dual enrollment grant costs actually incurred by the institution on the student's behalf, including, but not limited to, book and material costs, digital book and material costs, special examination fees, industry certification fees, and board examination fees;
6. (6) For a student's sixth through tenth dual enrollment semester-hour courses taken at an eligible postsecondary institution, TSAC shall determine the award per semester credit hour; and
7. (7) Any increase in the tuition rate upon which the dual enrollment grant award is established pursuant to subdivisions (g)(2) and (g)(3) is subject to the binding range of allowable percentage adjustment for tuition as annually approved by THEC pursuant to § 49-7-202(n)(3)(A).
(h) TSAC may promulgate rules to establish award amounts at eligible postsecondary institutions and to otherwise effectuate the intent and purposes of this section. The rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

2 Backlinks

§ 49-4-931. HOPE scholarship — Nontraditional students.

(a) To be eligible for a Tennessee HOPE scholarship, a nontraditional student shall:
1. (1) Not be ineligible for the scholarship under § 49-4-904;
2. (2) Meet the requirements of § 49-4-905(a). Section 49-4-905(b) shall not apply to nontraditional students seeking Tennessee HOPE scholarships;
3. (3) Meet the requirements of § 49-4-915(a)(2);
4. (4) Not have earned a baccalaureate or advanced degree prior to initially receiving an award under this section;
5. (5) Maintain satisfactory progress in a course of study, in accordance with the standards and practices used for federal Title IV programs at the postsecondary institution attended;
6. (6) Subject to § 49-4-919, maintain continuous enrollment at the eligible postsecondary institution attended as a nontraditional student; and
7. (7) Apply for a Tennessee HOPE scholarship.
(b) A nontraditional student shall be eligible for the award of a Tennessee HOPE scholarship at the end of the semester in which the student has attempted a total of twelve (12) semester hours if the student has a cumulative grade point average of at least 2.75. A nontraditional student who does not achieve a cumulative grade point average of at least 2.75 at the end of the semester in which the student has attempted a total of twelve (12) semester hours shall be eligible for a Tennessee HOPE scholarship if the student achieves a cumulative grade point average of at least 2.75 at the end of the semester in which the student has attempted a total of twenty-four (24) semester hours. A nontraditional student who does not have a cumulative grade point average of at least 2.75 at the end of the semester in which the student has attempted a total of twelve (12) semester hours or twenty-four (24) semester hours shall be eligible for a Tennessee HOPE scholarship if the student meets the requirements of § 49-4-911(a)(1) at the end of a subsequent semester at which continuing eligibility for a Tennessee HOPE scholarship is reviewed under § 49-4-911(a)(1) or the requirements of § 49-4-911(a)(2) at the end of any semester after the student has attempted forty-eight (48) or more semester hours.
(c) To continue to receive a Tennessee HOPE scholarship, the student shall meet the applicable requirements of § 49-4-911.
(d) A student may receive a Tennessee HOPE scholarship for nontraditional students under this section until the first of the following events:
1. (1) The student has earned an advanced degree; or
2. (2) Five (5) years have passed since the student enrolled in an eligible postsecondary institution as a nontraditional student.
(e) A nontraditional student shall not be eligible for an ASPIRE award for need under § 49-4-915 or a general assembly merit scholar supplemental award under § 49-4-916.

2 Backlinks

§ 49-4-932. Lottery scholarship day to inform students and parents of financial assistance available from lottery proceeds.

(a) TSAC may conduct a lottery scholarship day each school year. The purpose of the lottery scholarship day shall be to inform high school students and their parents of financial assistance available from net lottery proceeds for attendance at eligible postsecondary institutions. The Tennessee higher education commission, the University of Tennessee system and the state university and community college system shall provide assistance to TSAC in planning and conducting the event. TSAC may also seek assistance from community groups, churches and the eligible independent postsecondary institutions in the planning and conducting of an annual lottery scholarship day and in encouraging students and parents to attend.
(b) TSAC shall enlist the assistance of the department of education, LEAs, and local schools in informing students on its lottery scholarship day of HOPE scholarship eligibility requirements.
(c) At the conclusion of any lottery scholarship day conducted by TSAC, TSAC shall provide to the high school a list of the school's students who attended the day.
(d)
1. (1) TSAC, with the assistance of the department of education, shall develop and provide grade appropriate information concerning, but not limited to:
  1. (A) Eligibility requirements for the various lottery scholarships;
  2. (B) Admission standards for eligible postsecondary institutions, the differences between the standards and the eligibility requirements for scholarships, and the differences in admission standards among the eligible postsecondary institutions;
  3. (C) Computation of grade point averages for lottery scholarship eligibility, both high school grade point averages for initial eligibility, and college grade point averages for retention of scholarships; and
  4. (D) Testing dates for the ACT and SAT, the differences between these tests, and the use of the tests in admission decisions by eligible postsecondary institutions.
2. (2) The information provided for in subdivision (d)(1) shall be provided to students on any lottery scholarship day conducted by TSAC and to the department of education for dissemination to schools conducting lottery scholarship days.
(e) TSAC shall provide a summary of the information required to be developed under subsection (d) in a format suitable for inclusion in student handbooks to the department of education for dissemination to schools educating students in grades eight through twelve (8-12). The schools shall include the information in school handbooks together with community-specific information concerning tutoring and test-taking development in subjects covered by the ACT and SAT examinations, college preparatory and advanced placement courses provided by high schools in the LEA and the importance of early planning for college. TSAC shall annually update the summary of information to be included in student handbooks.
(f) Each school year, before students in grades eight through eleven (8-11) schedule their courses for the following school year, each school educating the students shall conduct at least one (1) lottery scholarship day for students and their parents. On lottery scholarship day, the eligibility requirements for lottery scholarships shall be discussed with students and their parents and the information required to be developed under subsection (d) shall be given to students and their parents. Additionally, each school shall provide community-specific information to students and their parents regarding opportunities for tutoring and test-taking skills development in subjects covered by the ACT and SAT examinations, after-school educational enrichment programs, the academic value of enrollment and success in college preparatory and advanced placement courses in high school and the importance of early providence and planning for future college participation. Each school shall inform students on lottery scholarship day of the necessity of passing Gateway tests for graduation from high school and the consequences of failure to pass the tests with respect to further educational opportunities.
(g) Each high school shall provide workshops on completing college admissions and financial aid applications for tenth through twelfth grade students and their parents. Considerable attention shall be given to providing guidance to twelfth grade students and their parents at the workshops. The workshops may be conducted in conjunction with the school's lottery scholarship day.
(h) Parents of students in grades eight through eleven (8-11) shall acknowledge that they have received the information concerning lottery scholarships that is required to be provided under this section when they sign students' course schedules for the following school year.
(i) Before June 1 each year, each LEA shall report to the department of education when each school's lottery scholarship day was conducted, the number of students participating, the percentage of students participating in each grade and the activities that occurred during that day. LEAs shall also report when each school conducted college admissions workshops, the number of students participating, the percentage of students participating in each grade and the activities that occurred at such workshops. The department of education shall compile and evaluate the data collected from the LEAs and submit a report concerning lottery scholarship days and college admission workshops to the education committees of the senate and of the house of representatives before October 1 of each year.
(j) The administrative costs incurred by the department of education and TSAC in administering the programs established by this section, which provides information to students about lottery scholarships consistent with the Constitution of Tennessee, Article XI, § 5 shall be funded from the lottery for education account created by § 4-51-111.
(k) The Tennessee higher education commission, the University of Tennessee system, and the state university and community college system may also provide information on financial assistance available from net lottery proceeds for attendance at eligible postsecondary institutions in the normal course of their business of development and recruitment of Tennessee students.

§ 49-4-933. HOPE scholarship — Foster child tuition grant.

(a) To be eligible for a Tennessee HOPE foster child tuition grant, a student shall:
1. (1) Not be ineligible for the grant under § 49-4-904;
2. (2) Meet the requirements of § 49-4-905;
3. (3) Meet the applicable academic requirements for a Tennessee HOPE scholarship or Tennessee HOPE access grant that apply to the method by which the student completed high school;
4. (4) Apply for a Tennessee HOPE foster child tuition grant and file a FAFSA; and
5. (5) Be admitted to, and enroll in, an eligible program of study at an eligible postsecondary institution as a part-time or full-time student.
(b) This section applies to a student who:
1. (1) Was in state custody at any time after the student reached thirteen (13) years of age;
2. (2) Was in state custody at any time after the student reached thirteen (13) years of age and was placed for adoption by the department of children's services or one of its adoption contract agencies, and the adoption was finalized; or
3. (3) Was in state custody and placed in permanent guardianship by the department of children's services after reaching thirteen (13) years of age.
(c) The student shall present TSAC with official certification from the department of children's services that the student meets the eligibility requirements of subsection (b) for the tuition grant.
(d) The student shall be eligible for the Tennessee HOPE foster child tuition grant:
1. (1) For entrance to an eligible postsecondary institution for a period of no more than four (4) years after the date of graduation from high school or its equivalent; and
2. (2) For a period of six (6) years after admittance to an eligible postsecondary institution if satisfactory progress is achieved and maintained.
(e) The Tennessee HOPE foster child tuition grant shall be the cost of attendance less any gift aid, with the total HOPE foster child tuition grant amount not to exceed the cost of tuition and mandatory fees at the eligible postsecondary institution attended. Additionally, at an eligible independent postsecondary institution, the Tennessee HOPE foster child tuition grant shall not exceed the statewide average public tuition and mandatory fee rate for the type of institution, two-year or four-year, attended.
(f) Nothing in this section shall be construed to:
1. (1) Guarantee acceptance by, or entrance into, any eligible postsecondary institution for youth in, or formerly in, the custody of the state; or
2. (2) Limit the participation of a youth in, or formerly in, the custody of the state in any other program of financial assistance for postsecondary education.

§ 49-4-934. HOPE scholarship — Dependent child of full-time religious worker.

(a) Notwithstanding any provision of this part to the contrary, a student who is a Tennessee citizen and a dependent child of a full-time religious worker shall be eligible for a Tennessee HOPE scholarship as an entering freshman if the student meets all eligibility requirements for the scholarship, except that, while the parent is serving in another nation as a religious worker, the student does not reside in Tennessee immediately preceding the date of application for financial assistance and the student does not meet the requirements of § 49-4-905(b)(2). To be eligible under this section, the student shall:
1. (1) Graduate from a high school in the foreign nation where the student's parent is a religious worker that is accredited by a regional accrediting association as defined by § 49-4-902 and meet the academic eligibility requirements of § 49-4-907(3); or
2. (2) Complete high school in a home school in the foreign nation where the student's parent is a religious worker and meet the academic eligibility requirements of § 49-4-908(a)(3).
(b) As used in this section:
1. (1) “Dependent child” means a natural or adopted child or stepchild whom the parent who is a religious worker claims as a dependent for federal income tax purposes; provided, however, that the child is under twenty-one (21) years of age and resides in another nation only while the parent is actively engaged in full-time religious work; and
2. (2) “Religious worker” means a person sent to another country by a church, religious denomination or other religious organization to spread its faith or to do social or medical work.
(c) This section shall only apply to dependent children of religious workers who are engaged in full-time religious work in another nation for more than one (1) year and who were residents of this state before leaving the United States to do religious work and intend to return to Tennessee upon completion of their assignment as a religious worker.

§ 49-4-935. HOPE scholarship — Residents graduating from high school located in contiguous county of neighboring state.

(a) Notwithstanding § 49-4-905(b)(2) to the contrary, a student who graduates from a high school located in a neighboring state in a county contiguous to this state shall be eligible for a Tennessee HOPE scholarship as an entering freshman if the student:
1. (1) Is a resident of this state, as classified pursuant to § 49-8-104;
2. (2) Is not ineligible for the scholarship under § 49-4-904;
3. (3) Attains a composite ACT score of at least 21 on any single ACT test date or a concordant equivalent score on the SAT on any single SAT test date;
4. (4) Applies for a Tennessee HOPE scholarship; and
5. (5) Is admitted to and enrolls in an eligible postsecondary institution no later than sixteen (16) months after graduation from high school.
(b) If a student meets the eligibility requirements of subsection (a), but chooses to attend a regionally accredited postsecondary institution located outside of this state without a Tennessee HOPE scholarship, then the student shall be eligible for a HOPE scholarship as a transfer student; provided, that the student meets all requirements of § 49-4-929, other than any requirement pertaining to the type of high school from which the student graduated.
(c) A student who is eligible for a Tennessee HOPE scholarship under this section shall not be eligible for a general assembly merit scholar supplemental award under § 49-4-916.
(d) No retroactive award of a Tennessee HOPE scholarship shall be made under this section.

§ 49-4-936. Eligibility for HOPE teacher's scholarship.

(a) To be eligible for a Tennessee HOPE teacher's scholarship, a teacher shall:
1. (1) Be a tenured teacher teaching in a Tennessee public school system;
2. (2) Not be ineligible for the scholarship under § 49-4-904;
3. (3) Meet the requirements of § 49-4-905(a). Section 49-4-905(b) shall not apply to teachers seeking Tennessee HOPE teacher's scholarships;
4. (4) Be admitted to and attend an eligible postsecondary institution seeking an advanced degree in mathematics or a science or certification to teach mathematics or a science;
5. (5) Maintain satisfactory progress in the teacher's program of study;
6. (6) Agree to teach mathematics or a science in a Tennessee public school system one (1) academic year for each year of funding provided by a Tennessee HOPE teacher's scholarship and sign a promissory note that stipulates the cash repayment obligation incurred if the teaching service is not fulfilled. If a teacher fails to teach mathematics or a science in a Tennessee public school system for the number of years required to fulfill the teacher's obligation pursuant to the award of a Tennessee HOPE teacher's scholarship, then all funds obtained from the award of the scholarship shall be repaid; provided, however, that no repayment shall be due if TSAC finds that it is impossible for the teacher to fulfill the obligation because of the death or permanent disability of the teacher; and
7. (7) Apply for a Tennessee HOPE teacher's scholarship no later than August 1, 2020, or a renewal of a Tennessee HOPE teacher's scholarship by the deadline published on TSAC's website each year thereafter.
(b)
1. (1) Except as provided in subdivisions (b)(2) and (3), no minimum number of hours of enrollment is required for eligibility for a Tennessee HOPE teacher's scholarship.
2. (2) The program of study a teacher is attempting shall be completed within five (5) years, beginning with the first term for which scholarship funds are awarded.
3. (3) A teacher's eligibility for a Tennessee HOPE teacher's scholarship expires if the teacher has a break in enrollment at an eligible postsecondary institution of more than twelve (12) months.
(c) Subject to the amounts appropriated by the general assembly and any law relating to a shortfall in funds available for postsecondary financial assistance from the net proceeds of the state lottery, a Tennessee HOPE teacher's scholarship awarded to a teacher shall be two thousand dollars ($2,000) per year. The total amount of a Tennessee HOPE teacher's scholarship awarded to a teacher shall not exceed ten thousand dollars ($10,000) for all years required for the teacher's program of study.
(d) No retroactive award of a Tennessee HOPE teacher's scholarship shall be made under this section.
(e) Scholarships awarded under this section shall not commence prior to fall semester, 2006.

§ 49-4-937. HOPE scholarship — For students who complete diploma from a Tennessee college of applied technology.

(a) Notwithstanding any provision of this part to the contrary, a student who is eligible for a Tennessee HOPE scholarship upon graduation from high school, completion of high school in a Tennessee home school or obtaining a high school equivalency credential approved by the state board of education, but who, instead of applying for a Tennessee HOPE scholarship, applies to and enrolls in a Tennessee college of applied technology and receives a Wilder-Naifeh technical skills grant, shall continue to be eligible for a Tennessee HOPE scholarship; provided, that the student:
1. (1) Applies for a HOPE scholarship and enrolls in an eligible postsecondary institution within three (3) years of completing a diploma from a Tennessee college of applied technology consisting of at least nine hundred (900) clock hours;
2. (2) Is not ineligible for a HOPE scholarship under § 49-4-904; and
3. (3) Meets the requirements of § 49-4-905(a).
(b) This section shall also apply to students who are eligible for general assembly merit scholarships and Tennessee HOPE access grants.
(c) Enrollment at a Tennessee college of applied technology by a student working toward a diploma before receiving a Tennessee HOPE scholarship, general assembly merit scholarship or Tennessee HOPE access grant under this section shall not count under § 49-4-913 or § 49-4-920 toward the limitation on receipt on a Tennessee HOPE scholarship, general assembly merit scholarship or Tennessee HOPE access grant.

1 Backlink

49-4-913(a)

§ 49-4-938. Helping Heroes Act of 2008.

(a) This section shall be known and may be cited as the “Helping Heroes Act of 2008.”
(b) As used in this section, unless the context otherwise requires, “veteran” means a former member of the United States armed forces or a former or current member of a reserve or Tennessee National Guard unit who was called into active military service of the United States, as defined in § 58-1-102.
(c) To be eligible for a helping heroes grant, a veteran shall:
1. (1) Have received an honorable discharge;
2. (2) Have been a resident of this state, as classified pursuant to § 49-8-104;
3. (3) Have been awarded:
  1. (A) The Iraq campaign medal;
  2. (B) The Afghanistan campaign medal;
  3. (C) On or after September 11, 2001, the global war on terrorism expeditionary medal; or
  4. (D) A service expeditionary medal identified in rules and regulations promulgated by TSAC;
4. (4) Not be ineligible for a grant under § 49-4-904;
5. (5) Be admitted to, and enroll in, an eligible program of study at an eligible postsecondary institution seeking an associate or baccalaureate degree;
6. (6) Have not received a baccalaureate degree; and
7. (7) Make application for a helping heroes grant for any semester in which the veteran is enrolled in six (6) or more semester hours.
(d) A veteran who qualifies for a helping heroes grant under this section is not required to meet any academic standard at the time of initial enrollment in an eligible postsecondary institution to be eligible to receive the grant. A veteran may continue to be eligible to receive the grant by maintaining satisfactory academic progress as determined by the eligible postsecondary institution attended.
(e) A student who is enrolled in at least six (6) semester hours in a semester is eligible for a helping heroes grant. If a student is enrolled in twelve (12) or more semester hours, then the student receives the full amount of the grant as provided in subsection (f). If a student is enrolled in six (6) to eleven (11) semester hours, then the student receives one-half (½) of the full grant. A student enrolled in fewer than six (6) semester hours in a semester is not eligible for the grant for that semester, but may subsequently be eligible for the grant in a semester in which the student is enrolled in at least six (6) semester hours if the student meets all other eligibility requirements during that semester.
(f) Subject to the amounts appropriated by the general assembly and any law relating to a shortfall in funds available for postsecondary financial assistance from the net proceeds of the state lottery, a helping heroes grant awarded to a student shall be determined in accordance with § 4-51-111 and shall be set in the general appropriations act.
(g) A student may receive a helping heroes grant for a maximum of eight (8) semesters. In calculating the total number of semesters a student may receive a helping heroes grant, semesters for which a student receives a helping heroes grant and in which the student successfully completes six (6) to eleven (11) semester hours shall count as one-half (½) semester in the total.
(h) A helping heroes grant shall be awarded in addition to any other financial aid for which the recipient veteran qualifies.
(i) Helping heroes grants shall not be awarded for any semester prior to fall semester 2008.
(j) The comptroller of the treasury, through the comptroller's office of research and education accountability, shall review and study the Tennessee helping heroes scholarship program to determine the effectiveness of the program in educating veterans. The study shall be done in the fifth year of the program and every four (4) years thereafter. The comptroller of the treasury shall report the findings and conclusions of the study to the speakers of the senate and house of representatives and the chairs of the education committees of the senate and the house of representatives.

§ 49-4-939. Tennessee Rural Health Act of 2008.

(a) This section shall be known and may be cited as the “Tennessee Rural Health Act of 2008.”
(b) There shall be established a five-year pilot program to encourage health care providers and dentists to locate and practice in Tennessee health resource shortage areas after becoming licensed to practice by providing financial assistance for medical or dental education through Tennessee rural health scholarships funded from net lottery proceeds.
(c) As used in this section, “health resource shortage area” means an area determined as a health resource shortage area by the department of health, office of rural health.
(d) To be eligible for a Tennessee rural health scholarship, a student shall:
1. (1) Not be ineligible for the scholarship under § 49-4-904;
2. (2) Be classified as an in-state student under the rules of the board of regents or the University of Tennessee system on the date of application for the scholarship and on the date of reapplication for the scholarship each academic year;
3. (3) Be admitted to and enroll in an eligible postsecondary institution that:
  1. (A) Has a school of medicine providing a program of study accredited by the Liaison Committee on Medical Education, or its successor, as a full-time student seeking the degree doctor of medicine (M.D.);
  2. (B) Has a school of medicine providing a program of study accredited by the Bureau of Professional Education of the American Osteopathy Association, or its successor, as a full-time student seeking the degree doctor of osteopathic medicine (D.O.);
  3. (C) Offers a physician assistant program that is accredited by the Accreditation Review Commission on Education for the Physician Assistant, or its successor, as a full-time student seeking to become a physician assistant;
  4. (D) Offers a nurse practitioner program that is accredited by the National League for Nursing Accrediting Commission, Inc., or its successor, or the Commission on Collegiate Nursing Education, or its successor, as a full-time student seeking to become a nurse practitioner; or
  5. (E) Has a school of dentistry providing a program of study accredited by the Commission on Dental Accreditation, or its successor, as a full-time student seeking the degree doctor of dental surgery (D.D.S.) or the degree doctor of dental medicine (D.M.D.);
4. (4) Maintain satisfactory progress in the program of study in which the student is enrolled;
5. (5)
  1. (A) Agree to practice medicine in a health resource shortage area after becoming a Tennessee licensed physician, osteopathic physician or physician assistant or receiving a Tennessee certificate of fitness as a nurse practitioner one (1) year for each year of funding provided by a Tennessee rural health scholarship; or
  2. (B) Agree to practice dentistry in a health resource shortage area after becoming a Tennessee licensed dentist one (1) year for each year of funding provided by a Tennessee rural health scholarship;
6. (6) Not accept any other financial assistance that carries with it a service obligation after graduation and receipt of the applicable license to practice medicine or dentistry, except for a service obligation in the United States armed forces reserve or the national guard; and
7. (7) Sign a promissory note each year the scholarship is awarded that stipulates the cash repayment obligation incurred if the medical or dental service is not fulfilled. If a scholarship recipient obligates to a service commitment under another loan-scholarship program other than a service commitment permitted under subdivision (d)(6), fails to complete the medical or dental program the recipient enrolled in or fails to practice medicine or dentistry in a health resource shortage area for the number of years required to fulfill the recipient's obligation pursuant to the award of a Tennessee rural health scholarship, then all funds obtained from the award of the scholarship shall be repaid with interest; provided, however, that no repayment shall be due if TSAC finds that it is impossible for the recipient to fulfill the service obligation because of death or permanent disability of the recipient.
(e) A scholarship recipient shall not be required to fulfill the service requirement of subdivision (d)(5) or make any repayment of scholarship funds during any period of training required for licensure, including, but not limited to, internship or residency, or during active duty service in the United States armed forces or mobilization as a member of the reserve components, but the period shall not exceed six (6) years.
(f) A Tennessee rural health scholarship shall not exceed twelve thousand dollars ($12,000) per academic year or the cost of tuition, mandatory fees, books and equipment for the program of study in which the recipient is enrolled, whichever is less.
(g) No more than twenty-five (25) students shall be awarded Tennessee rural health scholarships in the first year of the pilot program and no more than fifty (50) students shall be awarded Tennessee rural health scholarships in the second year of the program. No student shall be awarded a rural health scholarship if the program of study in which the student is enrolled cannot be completed by the end of the fifth year of the pilot program.
(h) In the first and fifth years of the pilot program, no more than three hundred thousand dollars ($300,000) shall be expended from the lottery for education account to fund the program. In the second, third and fourth years of the pilot program, no more than six hundred thousand dollars ($600,000) shall be expended from the lottery for education account to fund the program.
(i) TSAC, in consultation with the department of health, the board of medical examiners, the board of osteopathic examination, the board of physician assistants, the board of nursing and the board of dentistry, is authorized to promulgate rules and regulations for the management and administration of the program, including the payment of the awards, execution of appropriate contracts and promissory notes, the terms of promissory notes, cancellation of the notes and deferment of repayment and, should a scholarship recipient be required to repay a promissory note, the rate of interest and terms of repayment, and to otherwise effectuate the purposes of this section. Notwithstanding the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, TSAC is authorized to promulgate emergency rules to implement this section.
(j) THEC and the department of health shall study and evaluate the effectiveness of the Tennessee rural health scholarship pilot program and shall report to the education committees of the senate and the house of representatives. A preliminary report shall be filed with the committees by October 1, 2010. Additional reports shall be filed with the committees by October 1, 2012, and October 1, 2013.
(k) No retroactive award of a Tennessee rural health scholarship shall be made under this section.
(l) Scholarships awarded under this section shall commence with the 2008-2009 academic year.

§ 49-4-940. Adoption of investment and funds allocation policies — Transfer of excess lottery earnings to energy efficient schools fund.

(a) The state funding board created by § 9-9-101 shall adopt an investment policy and a funds allocation policy for the lottery for education account established in § 4-51-111 designed to maximize recurring revenues available for appropriation. An amount of funds in the lottery for education account, as determined by the state funding board, may be invested pursuant to this section. The funds may be invested in the state pooled investment fund established by § 9-4-603, the intermediate-term investment fund established by § 9-4-608, the chairs of excellence endowment fund established by § 49-7-501, any securities authorized in § 9-4-602 or in any securities or classes of securities not specifically authorized in § 9-4-602 that are approved by resolution of the state funding board. All earnings attributable to the investments shall be credited to the lottery for education account.
(b) TSAC shall not draw funds from the lottery for education account that are invested pursuant to this section unless no other lottery revenues are available to make payments of the scholarships and grants established pursuant to this part. If TSAC anticipates that it may need to draw funds from the lottery for education account that are invested pursuant to this section, then TSAC shall notify the general assembly, the state treasurer, the state funding board and the Tennessee higher education commission at least ninety (90) days before the date the need for such funds is expected to occur.
(c) If for fiscal year 2008-2009 the board determines that earnings on the lottery for education account will be sufficient to meet the funding requirements for scholarships for that fiscal year, the board is authorized to transfer an amount not to exceed ten million dollars ($10,000,000) from the lottery for education account to the energy efficient schools fund, if the fund is created by law.

§ 49-4-941. Terminating events for receipt of lottery scholarships.

Notwithstanding any provision of this part concerning the terminating events for receipt of Tennessee HOPE scholarships, Tennessee HOPE access grants or Tennessee HOPE scholarships for nontraditional students to the contrary, semester hours attempted by a student in the summer semester 2011 for which the student did not receive postsecondary financial assistance from net lottery proceeds shall not be credited against the limitation on the number of semester hours under § 49-4-913, § 49-4-920 or § 49-4-931 that the student may receive such scholarships or grants.

§ 49-4-942. Eligibility for HOPE scholarship of Tennessee citizen who is dependent child of a headquarters staff employee working full time in foreign nation.

(a) As used in this section:
1. (1) “Dependent child” means a natural or adopted child or stepchild:
  1. (A) Whose parent is a headquarters staff employee;
  2. (B) Whose parent claims the child as a dependent for federal income tax purposes;
  3. (C) Who is under twenty-one (21) years of age; and
  4. (D) Who resides in another nation only while the parent is on full-time work assignment as a headquarters staff employee;
2. (2) “Headquarters staff employee” has the same meaning as defined in § 67-6-224(b); and
3. (3) “Qualified headquarters facility” has the same meaning as defined in § 67-6-224(b).
(b) Notwithstanding any provision of this part to the contrary, a student who is a Tennessee citizen and a dependent child of a headquarters staff employee who is on full-time work assignment in a foreign nation shall be eligible for a Tennessee HOPE scholarship as an entering freshman if the student meets all eligibility requirements for the scholarship, except that, while the parent is on full-time work assignment in another nation, the student does not reside in Tennessee immediately preceding the date of application for financial assistance and the student does not meet the requirements of § 49-4-905(b)(2). To be eligible under this section, the student shall:
1. (1) Graduate from a high school that is accredited by a regional accrediting association as defined in § 49-4-902 in the foreign nation where the student's parent is on work assignment and meet the academic eligibility requirements of § 49-4-907(3); or
2. (2) Complete high school in a home school in the foreign nation where the student's parent is on work assignment and meet the eligibility requirements of § 49-4-908(a)(3).
(c) This section shall only apply to dependent children of headquarters staff employees who are on full-time work assignment in another nation for more than one (1) year and who were residents of this state before leaving the United States and intend to return to Tennessee upon completion of their assignment.

§ 49-4-943. Postsecondary financial assistance from net lottery proceeds for students with intellectual disabilities — Eligibility for STEP UP scholarship.

(a) As used in this section, an “eligible postsecondary program” means a postsecondary program that has received the Comprehensive Transition and Postsecondary Program designation from the United States department of education and is offered by an eligible postsecondary institution that assists students with intellectual disabilities, as defined in § 33-1-101, who have completed high school, but who need a strong system of education supports and services to access and obtain postsecondary education. To be an eligible postsecondary program, a program shall consist of an individualized program of study of up to four (4) years designed to provide meaningful postsecondary activities, including academic, career development and exploration, and independent living skills, on the postsecondary campus.
(b) To be eligible for a Tennessee STEP UP scholarship, a student with a documented intellectual disability shall:
1. (1) Not be ineligible for the scholarship under § 49-4-904;
2. (2) Have been a resident of this state, as classified pursuant to § 49-8-104;
3. (3) Complete high school in a Tennessee high school in accordance with the requirements of the student's individualized education program (IEP) and receive a high school diploma, occupational diploma, or certificate, a special education diploma, a transition certificate or an IEP certificate;
4. (4) Be admitted to and enroll in an eligible postsecondary institution in an eligible postsecondary program no later than sixteen (16) months after completing high school; and
5. (5) Apply for a Tennessee STEP UP scholarship.
(c)
1. (1) To continue to be eligible for a Tennessee STEP UP scholarship, a student shall:
  1. (A) Maintain continual enrollment in the eligible postsecondary program as defined by the eligible postsecondary institution; and
  2. (B) Make satisfactory academic progress in the student's program of study as determined by the eligible postsecondary institution.
2. (2) If a student ceases to be eligible for the Tennessee STEP UP scholarship at any time for any reason, then the student shall not be able to regain the scholarship.
(d)
1. (1) A student may receive a Tennessee STEP UP scholarship under this section until the first of the following events:
  1. (A) The student receives a credential signifying completion of the eligible postsecondary program; or
  2. (B) The period required to complete the eligible postsecondary program, as determined by the eligible postsecondary institution, has elapsed.
2. (2) A Tennessee STEP UP scholarship student who has an approved medical or personal leave of absence from an eligible postsecondary program may continue to receive the scholarship upon resuming the student's education in the eligible postsecondary program; provided, that the student continues to meet all applicable eligibility requirements. A student who takes an approved leave of absence shall be eligible for the scholarship until the first of the following events:
  1. (A) The student has received a credential signifying completion of the eligible postsecondary program; or
  2. (B) The sum of the number of years that the student attended the eligible postsecondary program prior to the leave of absence and the number of years of attendance after the leave of absence equals the number of years required to complete the eligible postsecondary program in which the student is enrolled, as determined by the eligible postsecondary institution.
(e) Subject to the amounts appropriated by the general assembly and any law relating to a shortfall in funds available for postsecondary financial assistance from the net proceeds of the state lottery, the amount of a Tennessee STEP UP scholarship is the same as the amount of a Tennessee HOPE scholarship awarded under § 49-4-914 to students attending an eligible postsecondary institution.
(f) If the sum of all financial aid, including a Tennessee STEP UP scholarship, for which a student qualifies exceeds the institutionally defined total cost of education at the eligible postsecondary institution the scholarship recipient is attending, then the student's Tennessee STEP UP scholarship shall be reduced so that the financial aid actually received by the student does not exceed the institutionally defined total cost of education.
(g) Notwithstanding subsection (d), if a student completes an eligible postsecondary program that requires less than four (4) academic years to complete, the student may transfer to another eligible postsecondary program that provides a longer program and continue to receive the Tennessee STEP UP scholarship; provided, that the student meets the requirements of subdivision (c)(1) at the time of transfer.

§ 49-4-944. Tennessee reconnect grant.

(a) This section shall be known and may be cited as the “Tennessee reconnect grant.”
(b) Except for the definitions provided in this subsection (b), the definitions in § 49-4-902 shall apply to this section:
1. (1) “Academic year” means three (3) consecutive semesters beginning with a fall semester and including the immediately following spring and summer semesters;
2. (2) “Eligible postsecondary institution” means a postsecondary institution that is eligible for the Tennessee education lottery scholarship, as defined in § 49-4-902, on July 1, 2013, and remains eligible thereafter;
3. (3) “Eligible program of study” means a federal Title IV-eligible curriculum of courses leading to a certificate or associate degree; and
4. (4) “Gift aid” means financial aid received from the federal Pell grant, the Tennessee education lottery scholarship, or the Tennessee student assistance award.
(c) To be eligible for a Tennessee reconnect grant, a student must:
1. (1) Not have previously earned an associate or baccalaureate degree;
2. (2) Not be ineligible for the grant under § 49-4-904;
3. (3) Have been a resident of this state as required by § 49-4-905(a)(1);
4. (4) Complete the FAFSA for each academic year in which the Tennessee reconnect grant is received in accordance with the schedule determined by TSAC;
5. (5) Be at least twenty-three (23) years of age by January 1 of the academic year in which the student enrolls in courses leading to completion of an eligible program of study, or be an independent student as determined by the FAFSA;
6. (6) Be admitted to an eligible postsecondary institution and enrolled in courses leading to completion of an eligible program of study; and
7. (7) Participate in a college success program through the Tennessee reconnect community initiative as created by the Tennessee higher education commission.
(d) To continue to be eligible for a Tennessee reconnect grant, a student shall:
1. (1) Enroll in classes at an eligible postsecondary institution that lead to completion of an eligible program of study;
2. (2) Maintain a minimum cumulative grade point average of 2.0 at the end of each academic year as determined by the institution attended;
3. (3) Maintain continuous enrollment at an eligible postsecondary institution;
4. (4) Complete the renewal FAFSA each academic year as specified by TSAC;
5. (5) Attend at least as a part-time student; and
6. (6) [Deleted by 2022 amendment.]
(e) If a student ceases to be eligible for the Tennessee reconnect grant at any time, then the student shall not be eligible to regain the grant.
(f)
1. (1) If a student is awarded a Tennessee reconnect grant, then the student may continue to receive a Tennessee reconnect grant under this section until the occurrence of the first of the following events:
  1. (A) The student has attained a degree or certificate in an eligible program of study; or
  2. (B) Five (5) years have passed since the date of the student's enrollment in a term in which the student receives the student's first Tennessee reconnect grant, excluding any approved leave of absence.
2. (2) Notwithstanding subdivision (f)(1)(A), a student may continue to receive a Tennessee reconnect grant for an associate degree after the student completes a certificate that directly leads to the associate degree program.
3. (3) Notwithstanding subsection (e), a student who has an approved medical or personal leave of absence from the student's eligible postsecondary institution may continue to receive the grant upon resuming the eligible program of study at the eligible postsecondary institution so long as the student continues to meet all applicable eligibility requirements.
(g) A student who receives a Tennessee reconnect grant may transfer from one eligible postsecondary institution to another eligible postsecondary institution without loss of the grant so long as the student continues to meet all eligibility requirements for the grant.
(h) Subject to the amounts appropriated by the general assembly, the amount of a Tennessee reconnect grant shall not exceed the cost of tuition and mandatory fees charged to all students for coursework leading to completion of the eligible program of study at the eligible postsecondary institution attended less all other gift aid, which shall be credited first to tuition and mandatory fees.
(i) Notwithstanding subsection (h), the amount of the Tennessee reconnect grant at an eligible four-year public postsecondary institution or an eligible private institution shall be the average cost of tuition and mandatory fees at the public two-year postsecondary institutions less all other gift aid. Gift aid shall be credited first to the average tuition and mandatory fees as described in subsection (h).
(j) [Deleted by 2022 amendment.]
(k) The comptroller of the treasury, through the comptroller's office of research and education accountability, shall review and study the Tennessee reconnect grant program to determine the effectiveness of the program. The study shall be done in the third year of the program and every four (4) years thereafter. The office of research and education accountability shall report its findings and conclusions to the speakers of the senate and house of representatives and the education committees of the senate and house of representatives by December 31 each year a report is prepared.

1 Backlink

49-4-902(29)(B)

Part 10 Tennessee Support, Training, and Renewing Opportunity for National Guardsmen (Strong) Act of 2017 [Effective until June 30, 2025]

§ 49-4-1001. Short title. [Effective until June 30, 2025]

This part shall be known and may be cited as the “Tennessee Support, Training, and Renewing Opportunity for National Guardsmen (STRONG) Act of 2017.”

§ 49-4-1002. Purpose. [Effective until June 30, 2025]

The purpose of this part is to encourage nonprior service persons to become members of the Tennessee national guard and to encourage retention of those members already serving in the Tennessee national guard.

§ 49-4-1003. Part definitions. [Effective until June 30, 2025]

As used in this part:
1. (1) “Course completion” means the last day of instruction for the period or semester as determined by the student's educational institution;
2. (2) “Educational institution” means any public university, college, community college, college of applied technology, or any private college or university that is regionally accredited and has its primary campus domiciled in this state;
3. (3) “Educational program” means a program offered by an educational institution through which a student can earn a certificate or diploma, but does not mean a doctoral program;
4. (4) “Federal tuition assistance” means federal military tuition assistance other than Montgomery GI Bill benefits and Post-9/11 GI Bill benefits;
5. (5) “Full-time student” means a student attending an educational institution and enrolled in at least twelve (12) semester hours during each semester of attendance toward a first bachelor's degree;
6. (6) “Member” means an active member of a federally recognized unit of the Tennessee national guard who is maintaining satisfactory membership as defined by regulations of the department of the United States army and the department of the United States air force;
7. (7) “Officer-producing program” means a reserve officer training corps program offered through a college or university;
8. (8) “Semester” means a fall, spring, or summer semester at an educational institution, if the educational institution is on a semester system, or the equivalent, if the educational institution is on a system other than a semester system;
9. (9) “Semester hour” means the credit hour used by an educational institution, if the institution is on a semester system, or its equivalent if the institution is on a system other than a semester system, and includes each semester hour attempted, whether remedial or for credit toward a degree, but does not include any semester hour attempted before graduating from high school or earning a high school equivalency diploma;
10. (10) “Tennessee national guard” means the federally recognized units of the Tennessee army and air national guard; and
11. (11) “Tuition” means the total semester, quarter, or classroom hour cost of instruction delineated in the catalog of an educational institution, including all mandatory fees.

2 Backlinks

§ 49-4-1004. Creation of program — Payment of tuition costs. [Effective until June 30, 2025]

(a) The Tennessee Support, Training, and Renewing Opportunity for National Guardsmen (STRONG) program, referred to as the “program,” shall be established under the authority of the adjutant general to provide tuition reimbursement to an educational institution on behalf of eligible members of the Tennessee national guard. Member eligibility for the program shall be determined pursuant to § 49-4-1005.
(b) Upon successful application by the eligible member attending a public educational institution, the department of military shall pay the educational institution an amount equal to one hundred percent (100%) of the maximum resident in-state tuition charged by the institution attended for the educational program to which the member successfully applied, less all other state or federal financial assistance as described in § 49-4-1005. Such financial assistance must be credited first to the member's tuition, subject to § 49-4-1005.
(c) Notwithstanding subsection (b), for members attending a private two-year college the amount paid is the average cost of tuition at the public two-year postsecondary institutions, as determined by the Tennessee higher education commission and Tennessee student assistance corporation, less all other financial assistance received by the member. For members attending a private four-year college or university the amount paid is the average cost of tuition at the public four-year universities, as determined by the Tennessee higher education commission and Tennessee student assistance corporation, less all other financial assistance received by the member. Such financial assistance must be credited first to the amount of the average tuition, subject to § 49-4-1005.
(d) The adjutant general is authorized to promulgate rules, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to effectuate the purposes of the program.

§ 49-4-1005. Limitations and conditions on eligibility for tuition reimbursement. [Effective until June 30, 2025]

The following are limitations and conditions on eligibility for tuition reimbursement under the program:
1. (1) A member must maintain satisfactory academic progress and, for undergraduate, vocational, or technical programs, a minimum grade point average of 2.0, and for a master's program, a minimum grade point average of 3.0, as determined by the educational institution attended for the semester for which the member applies for tuition reimbursement;
  1 Backlink
  - 49-4-1005(5)(B)(v)
2. (2) A member receiving tuition reimbursement under this part who ceases to be eligible for the reimbursement because the member fails to maintain satisfactory academic progress or the required grade point average at the end of any semester may regain eligibility for tuition reimbursement at the end of any subsequent semester in which satisfactory academic progress and the required grade point average are established;
3. (3) Tuition reimbursement must be paid to an educational institution on behalf of a member for no more than one hundred twenty (120) semester hours or eight (8) full-time equivalent semesters toward a member's first bachelor's degree. A member ceases to be eligible for tuition reimbursement under this part upon the first of the following events to occur:
  1. (A) The member has attempted one hundred twenty (120) semester hours toward the member's first bachelor's degree, inclusive of any postsecondary semester hours earned prior to receipt of tuition reimbursement under this part;
  2. (B) The member has completed eight (8) full-time equivalent semesters toward the member's first bachelor's degree; or
  3. (C) The member has earned a first bachelor's degree;
4. (4) Tuition reimbursement must be paid to an educational institution on behalf of a member for no more than forty (40) semester hours toward a member's first master's degree. A member is no longer eligible for tuition reimbursement under this part upon the first of the following events to occur:
  1. (A) The member has attempted forty (40) semester hours toward the member's first master's degree, inclusive of any post-baccalaureate semester hours earned prior to receipt of tuition reimbursement under this part; or
  2. (B) The member has earned a first master's degree;
5. (5)
  1. (A) Tuition reimbursement must be paid to an educational institution on behalf of a member for no more than twenty-four (24) semester hours toward a certificate or diploma from a vocational or technical program. A member is no longer eligible for tuition reimbursement under this part when the member has attempted twenty-four (24) semester hours toward a certificate or diploma from a vocational or technical program, inclusive of any semester hours earned in that same vocational or technical program prior to receipt of tuition reimbursement under this part. It is not required that tuition reimbursement under this part apply toward a member's first certificate or diploma from a vocational or technical program;
  2. (B)
    1. (i) Notwithstanding § 49-4-1003:
      1. (a) As used in this subdivision (5)(B), “educational institution” means a private college of technology that:
        
        (1) Maintains a campus in Nashville, Tennessee that has operated as an automotive school for more than eighty (80) years;
        
        (2) Offers an associate of applied science degree in five (5) automotive specialties, as well as diploma programs;
        
        (3) Is accredited by the Accrediting Commission of Career Schools and Colleges of Technology; and
        
        (4) Has its primary campus domiciled in another state.
      2. (b) For purposes of this subdivision (5)(B), all references to terms defined in § 49-4-1003 that refer to an “educational institution” refer only to an “educational institution” as defined in subdivision (5)(B)(i)(a);
    2. (ii) Notwithstanding subdivision (5)(A), the adjutant general shall reimburse the tuition charged by an educational institution to a member pursuant to this subdivision (5)(B) if the member completed the member's initial active-duty training in April of 2022, began enrolling in classes at the educational institution in August of 2022, and timely submits an application for tuition reimbursement;
    3. (iii) Tuition reimbursement under this subdivision (5)(B) must be paid to the educational institution in accordance with subdivision (5)(A);
    4. (iv) Notwithstanding § 49-4-1005(8), a member applying for and receiving tuition reimbursement under this subdivision (5)(B) is not required to apply for and use federal tuition assistance at the educational institution;
    5. (v) Notwithstanding subdivision (5)(B)(iv), a member applying for and receiving tuition reimbursement under this subdivision (5)(B) is required to comply with the limitations and conditions on eligibility for tuition reimbursement under the program as set forth in § 49-4-1005(1), (2), (7), and (10); and
    6. (vi) This subdivision (5)(B) is repealed on July 1, 2024;
6. (6) Notwithstanding subdivisions (3) and (4), a member who is enrolled in an officer-producing program at an educational institution is exempt from the semester and semester-hour limits for tuition reimbursement under this part for up to thirty (30) additional semester hours for the limited purpose of allowing the member to complete the courses required to accept a commission upon graduation with the member's first bachelor's or master's degree;
7. (7) Tuition reimbursement amounts that a member is eligible to receive under this part must be offset and reduced by the aggregate amount of state and federal education financial assistance received by the member during the semester or educational term, unless federal law or regulation requires otherwise, in which case federal priority controls. Such assistance includes, but is not limited to, the Tennessee Promise scholarship, the Tennessee Reconnect grant, the Tennessee HOPE scholarship, and similar state assistance, as such assistance programs or grants may be amended, as well as Tennessee student assistance awards, the federal Pell grant, Montgomery GI Bill benefits, Post-9/11 GI Bill benefits, and federal tuition assistance program benefits;
8. (8) Members eligible for federal tuition assistance must apply for and use federal tuition assistance;
  1 Backlink
  - 49-4-1005(5)(B)(iv)
9. (9) Members receiving a reserve officer training corps scholarship must exhaust the benefits of the reserve officer training corps scholarship in order to be eligible for tuition reimbursement under this part;
10. (10) Members must be in good standing and currently active in the Tennessee national guard; and
11. (11)
  1. (A) Members must submit an application for tuition reimbursement under this part within ninety (90) days of course completion.
  2. (B) Notwithstanding subdivision (11)(A):
    1. (i) Members eligible for tuition reimbursement under subdivision (5)(B) must submit an application for tuition reimbursement within ninety (90) days of course completion if the course is completed on or after July 1, 2023; and
    2. (ii) Members eligible for tuition reimbursement under subdivision (5)(B) must submit an application for tuition reimbursement no later than August 1, 2023, for courses completed by the member between August 1, 2022, and June 30, 2023.

3 Backlinks

§ 49-4-1006. Qualification of nonresidents for benefits. [Effective until June 30, 2025]

Any active member of the Tennessee national guard who is not a Tennessee resident shall qualify for the tuition assistance benefits provided by this part subject to the following conditions:
1. (1) The member is enrolled in an educational institution within the state;
2. (2) The tuition assistance benefits provided to the member who is an out-of-state resident shall not exceed the amount of in-state tuition assistance the member would receive if the member were a Tennessee resident; and
3. (3) The tuition assistance benefits provided to the member who is enrolled at a private college or university shall not exceed the amount of in-state tuition assistance the member would receive if the member were enrolled at a state-supported educational institution.

§ 49-4-1007. Annual student-level participation data. [Effective until June 30, 2025]

On or before December 1, 2018, and on or before December 1 of each subsequent year this program is in effect, the adjutant general of Tennessee shall provide annual student-level participant data to the Tennessee higher education commission for publication.

§ 49-4-1008. Repealer. [Effective until June 30, 2025]

This part is repealed on June 30, 2025, unless reenacted or extended by the general assembly prior to that date.

Chapter 5 Personnel

Part 1 Qualifications Generally

§ 49-5-101. Basic requirements.

(a) No person shall be employed as principal, teacher or supervisor of any public elementary or high school by any local school district, or receive any pay for such services out of the public school funds of the local school district until the person presents to the director of schools a valid license as prescribed in this part. It is unlawful for any board of education to issue any warrant or check to such persons for services as principal, teacher or supervisor until the person has presented for record a license valid for the term of employment.
(b) As used in this part, “employ,” and all derivatives of “employ,” mean to put to work in a position compensated from public funds and are not to be construed to preclude election by the local board of education of a teacher prior to the teacher's having received a license, in accordance with the rules and regulations of the state board of education.
(c) No person under eighteen (18) years of age shall receive a license to teach in the public schools; and no one who has less than eight (8) months of experience as a teacher or who is under eighteen (18) years of age shall receive pay out of the public school funds as the principal of any school having more than one (1) teacher.
(d) No person shall receive a license to teach unless the person has a good moral character and under no circumstances shall licenses be granted to persons addicted to the use of intoxicants or narcotics. All applicants for licenses shall satisfy the state board of education that they meet the requirements of this part.
(e) The state board of education shall not issue professional licenses upon the work done in any college or university, except from a list of 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.
(f)
1. (1) Licenses to teach shall be uniform for all the local school systems and shall be issued by the state board of education in accordance with the requirements set out in this part.
2. (2) Credits earned through correspondence work or class extension work from the University of Tennessee and other colleges, with approval by the state board of education to offer correspondence and extension credits, shall be accepted as credit for licensing of directors of schools, supervisors, high school principals and teachers and elementary school principals and teachers in the same manner and to the same extent as such credits are accepted towards degrees in the University of Tennessee and other approved Tennessee colleges. In computing credits for a license, one (1) quarter hour of credit earned through correspondence work or class extension work shall connote a credit of one (1) week of residence.
(g) The state board of education, in consultation with the department of education, is directed to review current policies, rules and regulations pertaining to transitional licensure options and make recommendations relative to the following:
1. (1) The clarification of provisions applicable to transitional license education providers affiliated with Tennessee institutions of higher education and providers that are not affiliated with a Tennessee institution of higher education, such as out-of-state or online education-related organizations;
2. (2) The process by which providers or transitional licensure programs receive approval by the state, and specifically such process for those providers that have been approved for an existing partnership with an LEA; and
3. (3) Informing LEAs of the availability of transitional licensure options, including the feasibility of higher education institutions providing information relative to the requirements, cost and performance of transitional licensure programs.

§ 49-5-102. Alternative licensure for instructors who have taught for military community college.

The department of education shall develop an alternative program for obtaining a license to teach by which instructors for any branch of the military service of the United States who have taught for a community college of a branch of the military service may satisfy the requirements prescribed in this part and rules and regulations of the board.

§ 49-5-103. Award of additional professional development points for certain teachers.

Beginning with the 2019-2020 school year, the state board of education shall award a teacher five (5) additional professional development points if the teacher's overall evaluation demonstrates an overall performance effectiveness level of “above expectations” or “significantly above expectations” and the evaluation is based on the teacher's performance while employed at a school that is on the priority list or the focus list pursuant to § 49-1-602.

§ 49-5-104. Director of schools.

The standards for a license of qualification for a director of schools shall be in accordance with § 49-2-301.

§ 49-5-105. Alteration of licenses.

The holder of a license who changes or alters the holder's license in any way, or who permits any other person to change or alter the license, commits a Class C misdemeanor and shall have such holder's license revoked.

§ 49-5-106. Temporary teaching permits — Limited license to continue teaching pursuant to current temporary permit.

(a) After a director of schools or a director of a public charter school notifies the director's local board of education or the governing body of the director's public charter school, as applicable, that the LEA or public charter school is unable to secure a qualified teacher with a valid license for the type and kind of school in which a vacancy exists, the director of schools or the director of the public charter school may certify same to the commissioner of education. Upon the commissioner's receipt of the certification, the commissioner may grant, on behalf of the state board of education, under conditions prescribed in the state board's rules, a temporary permit to teach in the unfilled position to a person recommended by the director of schools or the director of the public charter school, as applicable, and who is approved by the commissioner. The temporary permit is valid only until June 30 following the date of the permit's issuance.
(b) Notwithstanding subsection (a), the commissioner shall not grant a person, on behalf of the state board, a temporary permit to teach:
1. (1) A physical education class required under § 49-6-1021(e);
2. (2) A special education course; or
3. (3) A course for which an end-of-course examination is required, in accordance with § 49-6-6006.
(c) A local board of education or the governing body of a public charter school may contract with a teacher holding a permit, but not holding a valid license, but only for the period of time during which the local board of education or the governing body of the public charter school is unable to secure a qualified teacher with a valid license for the type and kind of school.
(d) It is the intent of the general assembly to urge local boards of education and the boards' respective directors of schools, and governing bodies of public charter schools and the respective directors for each of the governing bodies' public charter schools, to make every effort to staff kindergarten through grade twelve (K-12) teaching positions with personnel fully licensed and endorsed for such grades.
(e) A director of schools or a director of a public charter school who learns of the conviction of a teacher holding a temporary permit who is employed by the LEA or public charter school, respectively, for any offense listed in § 49-5-417(a) shall report the conviction to the state board of education. The state board shall set the time frame within which a director of schools or a director of a public charter school must report a conviction of a teacher holding a temporary permit. The state board may specify other offenses for which a director of schools or a director of a public charter school is required to report to the state board upon learning of a conviction of a teacher holding a temporary permit for any such offense.
(f) A director of schools or a director of a public charter school shall report to the state board teachers holding a temporary permit who are employed by the LEA or public charter school, respectively, who have been suspended or dismissed, or who have resigned, following allegations of conduct, including sexual misconduct, which, if substantiated, would warrant consideration for disciplinary action under state board rules. As used in this subsection (f), “sexual misconduct” has the same meaning as defined in § 49-5-417(c)(5).
(g)
1. (1) Notwithstanding § 49-6-6006 or any law to the contrary, upon the request of a director of schools or the director of a public charter school, the commissioner of education may issue an endorsement exemption to a teacher in accordance with state board rules or a temporary permit to a person in accordance with subsection (a) to teach any course or subject area, except for special education courses, for the 2021-2022 school year. A director of schools or the director of a public charter school who applies for an endorsement exemption or temporary permit for a person to teach in the 2021-2022 school year shall certify to the commissioner that the LEA or public charter school is unable to secure a qualified teacher for the course or subject area. An endorsement exemption or temporary permit issued pursuant to this subsection (g) is valid only for the 2021-2022 school year.
2. (2) Notwithstanding § 49-6-6006 or any other law to the contrary, upon the request of a director of schools or the director of a public charter school, as applicable, the commissioner of education may issue an endorsement exemption to a teacher to teach any course or subject area, except a physical education class required under § 49-6-1021(e) or a special education course, for the 2022-2023 and 2023-2024 school years.
3. (3) Notwithstanding § 49-6-6006, subdivision (b)(3), or any other law to the contrary, the commissioner of education may renew a temporary permit issued to an individual pursuant to subdivision (g)(1) for the 2022-2023 and 2023-2024 school years, except that a teaching permit issued pursuant to subdivision (g)(1) for a physical education class required under § 49-6-1021(e) shall not be renewed.
4. (4) At the end of each of the 2021-2022, 2022-2023, and 2023-2024 school years, the department of education shall report to the education committee of the senate and the education administration committee of the house of representatives the number of endorsement exemptions and temporary permits that were requested for the respective school year pursuant to this subsection (g) and the number of endorsement exemptions and temporary permits issued pursuant to this subsection (g).
(h)
1. (1) Notwithstanding any other law to the contrary, except as provided in subdivision (h)(3), a teacher holding the teacher's second or third teaching permit may apply to the department of education for a limited license to continue teaching the course or subject area taught pursuant to the teacher's current temporary permit. The department shall approve a teacher's application for a limited license to continue teaching the course or subject area taught pursuant to the teacher's temporary permit if the teacher:
  1. (A) Holds a valid temporary teaching permit;
  2. (B) Earned a level of overall effectiveness score of “above expectations” or “significantly above expectations” on the teacher's most recent evaluation pursuant to § 49-1-302;
  3. (C) Provides a recommendation from the director of schools or from the director of the public charter school at which the teacher taught pursuant to the teacher's temporary permit recommending that the teacher receive a limited license with the endorsement issued pursuant to the teacher's temporary permit; and
  4. (D) Agrees, in writing, to begin a pathway approved by the state board for transitioning educators from a limited license to a practitioner license.
2. (2) Limited licenses are valid for two (2) school years and are not renewable.
3. (3) A teacher who holds a temporary permit issued pursuant to this section shall not receive a limited license to teach:
  1. (A) A physical education class required under § 49-6-1021(e);
  2. (B) A course for which an end-of-course examination is required, in accordance with § 49-6-6006; or
  3. (C) A special education course.
4. (4) The state board of education shall promulgate rules to effectuate the purposes of this act in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, including rules to establish:
  1. (A) Requirements for limited licensure issuance in addition to the requirements of this section; and
  2. (B) A pathway for a teacher who possesses a limited license to obtain a practitioner license that includes rules to establish:
    1. (i) Minimum requirements for coursework provided by an educator preparation provider or a provider approved by both the department of education and the state board of education that is focused on foundational pedagogical skills, including foundational literacy skills in accordance with the Tennessee Literacy Success Act, compiled in chapter 1, part 9 of this title;
    2. (ii) Benchmarks for teachers who possess a limited license to show that the teacher has met the state board's expectations for adequate content knowledge in the subject area taught by the teacher;
    3. (iii) Requirements for teachers who possess a limited license to receive support from a highly effective clinical mentor; and
    4. (iv) Professional assessment requirements.
(i)
1. (1) After a director of schools or a director of a public charter school notifies the director's local board of education or the governing body of the director's public charter school, as applicable, that the LEA or public charter school is unable to secure a qualified occupational educator with a valid occupational teaching license for a course of study in which a vacancy exists, the director of schools or the director of the public charter school may certify the same to the commissioner of education.
2. (2) Upon the commissioner's receipt of the certification described in subdivision (i)(1), the commissioner may grant, on behalf of the state board of education, under conditions prescribed in the state board's rules, a temporary permit to teach in the unfilled position to a person recommended by the director of schools or the director of the public charter school, who:
  1. (A) Does not hold a bachelor's degree or an active industry license or credential, including those issued by another state, for the area of endorsement, as defined by the department of education, but who has a minimum of five (5) years of relevant work experience, completed within the last ten (10) years, or three (3) years of relevant work experience, completed within the last five (5) years, in the area of endorsement or equivalent educational attainment, as defined by the department of education; or
  2. (B) Is an honorably discharged veteran of the armed forces, who has a minimum of five (5) years of relevant work experience, completed within the last ten (10) years, or three (3) years of relevant work experience, completed within the last five (5) years, in the area of endorsement or equivalent educational attainment, as defined by the department of education. As used in this subdivision (i)(2)(B), “work experience” includes, but is not limited to, military service, training, and experience.
3. (3) A temporary permit issued pursuant to this subsection (i) is valid only until June 30 immediately following the date of the permit's issuance and is not renewable. An individual may only be issued one (1) temporary permit under this subsection (i).
(j) Notwithstanding § 49-6-1021(e)(3), upon the request of a director of schools or the director of a public charter school, the commissioner of education may issue an endorsement exemption to a teacher, in accordance with state board rules, to teach a physical education class required under § 49-6-1021(e) to elementary school students. A director of schools or the director of a public charter school who applies for an endorsement exemption to teach in accordance with this subsection (j) shall certify to the commissioner that the LEA or public charter school is unable to secure a qualified teacher for the physical education class. An endorsement exemption issued pursuant to this subsection (j) is valid only until June 30 following the date of the permit's issuance.

§ 49-5-107. Blind or visually limited teachers.

No person otherwise qualified shall be denied the right to enter training in any college or university or engage in practice teaching for the purpose of becoming a teacher on the ground the person is totally blind or visually limited; nor shall any local board of education refuse to employ a licensed teacher on those grounds; provided, that the blind or visually limited person is able to carry out the duties of the position for which the person applies.

§ 49-5-108. Jurisdiction of state board of education.

(a)
1. (1) Complete jurisdiction over the issuance and administration of licenses for supervisors, principals and public school teachers for kindergarten through grade twelve (K-12), including teachers in preschools operated under the authority of chapter 6, part 1 of this title, shall be vested in the state board of education.
2. (2) Notwithstanding subdivision (a)(1), the state board of education shall not deny instructional leader licensure based solely on the applicant completing a leadership preparation program located outside of this state.
(b) The licenses shall be uniform for all the school systems in the state.
(c) The state board of education is authorized, empowered and directed to set up rules and regulations governing the issuance of licenses for supervisors, principals and public school teachers. These rules and regulations shall prescribe standards controlling the issuance and renewal of all licenses and permits; provided, that:
1. (1) If a license is issued, it shall not be to an applicant who has less than four (4) years of general or technical and professional training beyond the twelfth grade;
2. (2) No increase in the minimum requirements for licenses shall become effective until at least one (1) year after promulgation of the increase by the state board of education;
3. (3) Active or retired military personnel who seek to serve as junior reserve officers' training corps (JROTC) instructors shall be licensed to teach JROTC and military science in grades nine through twelve (9-12) based on documented military JROTC certification issued upon successful completion of all JROTC preparation requirements specific to the person's branch of military service. JROTC instructors so licensed shall not be licensed to teach courses other than JROTC and military science, and LEAs shall not employ persons licensed only as JROTC instructors to teach courses other than JROTC or military science. Such restrictions to licensure, however, shall not impinge the granting of state-approved equivalency credits received through a JROTC or military science course;
  1 Backlink
  - 49-5-402(d)
4. (4) A supervisor's, principal's or teacher's license shall not be nonrenewed or revoked by the department of education based on student growth data as represented by the Tennessee value-added assessment system (TVAAS), developed pursuant to chapter 1, part 6 of this title, or some other comparable measure of student growth, if no such TVAAS data is available; and
5. (5) Notwithstanding any other law, a public school teacher shall not be required to take an assessment to advance or renew a license if:
  1. (A) At the time of application for an initial license, the public school teacher possessed an active professional license in a state that has a reciprocal agreement with the state board of education pursuant to § 49-5-109;
  2. (B) At the time of application for advancement or renewal of a license, the public school teacher is employed to serve or teach courses in the individual's area of endorsement in a public school in this state; and
  3. (C) The public school teacher earned an overall performance effectiveness level of “above expectations” or “significantly above expectations” as provided in the evaluation guidelines adopted by the state board of education pursuant to § 49-1-302 in each of the first two (2) years immediately following the issuance of the individual's initial license. If the public school teacher did not receive an overall performance effectiveness level during one (1) or both of the two (2) years immediately following the issuance of the individual's initial license, then the individual may choose to use the individual's most recent overall performance effectiveness level that is available to demonstrate an overall performance effectiveness level of “above expectations” or “significantly above expectations” for purposes of this subdivision (c)(5)(C), or the public school teacher may request that the director of schools or the director of the public charter school submit a recommendation to the department of education on the public school teacher's effectiveness. If a director of schools or the director of a public charter school submits a recommendation to the department attesting to the effectiveness of a public school teacher, then the commissioner shall consider the requirements of this subdivision (c)(5)(C) met, and shall not require the public school teacher to take an assessment to advance or renew a license.
6. (6)
  1. (A) When issuing a license to teach in the public schools to an individual who possesses an active teaching license in another state, the state board of education shall issue a teaching license that is equivalent to the teaching license that the individual possesses in the other state, if that state has a reciprocal agreement with the state board of education pursuant to § 49-5-109.
  2. (B) If an individual applies for a supervisor's, assistant principal's, or principal's license, and the individual possesses an active supervisor's, assistant principal's, or principal's license in another state that has entered into a reciprocal agreement with the state board pursuant to § 49-5-109, then the department of education shall issue the individual a supervisor's, assistant principal's, or principal's license that is equivalent to the license that the individual possesses in the other state; provided, that the individual served as a supervisor, assistant principal, or principal in the other state for no less than one (1) school year.
  3. (C) When issuing a supervisor's, assistant principal's, principal's, or public school teacher's license to an individual who is a military spouse and who possesses an active supervisor's, assistant principal's, principal's, or public school teacher's license in another state, the department of education shall issue a supervisor's, assistant principal's, principal's, or public school teacher's license that is equivalent to the license that the individual possesses in the other state upon the department's receipt of documentation from the individual evidencing the individual's active military dependent status.
  4. (D) The department of education shall submit a report on the effectiveness of supervisors, assistant principals, principals, and public school teachers who obtained a Tennessee educator license through an out-of-state pathway compared with the effectiveness of other supervisors, assistant principals, principals, and public school teachers licensed in this state to the education committee of the senate and the education instruction committee of the house of representatives by July 31, 2022, and by July 31 each year thereafter. The annual report required under this subdivision (c)(6)(D) must be posted on the department's website.
7. (7) Notwithstanding any other law, a public school teacher is not required to take an assessment to reactivate a license from this state that has expired if at the time of application to reactivate the license, the public school teacher possesses an active professional license in a state that has a reciprocal agreement with the state board of education pursuant to § 49-5-109.
(d) The state board of education has the authority to promulgate rules and regulations prescribing minimum standards for licenses and certificates differing from the requirements prescribed in this chapter.
(e) Institutions with authorized teacher training programs shall ensure that persons seeking licensure in this state receive appropriate instruction in the teaching of reading.
(f)
1. (1) The state board of education, with the assistance of the department of education and the Tennessee higher education commission, shall develop a report card or assessment on the effectiveness of teacher training programs. The state board of education shall annually evaluate performance of each institution of higher education providing an approved program of teacher training and other state board approved teacher training programs. The assessment shall focus on the performance of each institution's graduates and shall include, but not be limited to, the following areas:
  1. (A) Placement and retention rates;
  2. (B) Performance on PRAXIS examinations or other tests used to identify teacher preparedness; and
  3. (C) Teacher effect data created pursuant to § 49-1-606.
2. (2) Each teacher training institution and each LEA shall report all data as requested by the state board of education that the board needs to make the evaluation. The report card or assessment shall be issued no later than February 15 of each year.
(g) Each teacher training program shall provide instruction on effective strategies for virtual instruction to candidates seeking a license to teach or a license to serve as an instructional leader. The department of education shall review teacher training programs to ensure compliance with this subsection (g) during the course of the regularly scheduled review cycle established in the state board of education's rules.

3 Backlinks

§ 49-5-109. Reciprocity.

The state board of education may enter into reciprocal agreements with the certifying or licensing authorities of other states whereby holders of certificates or licenses in other states may be issued licenses in this state.

6 Backlinks

§ 49-5-110. Eligibility requirements for practitioner occupational teaching license.

(a) To be eligible to receive a practitioner occupational teaching license, a person must:
1. (1) Have a minimum of five (5) years of relevant work experience, completed within the last ten (10) years, or three (3) years of relevant work experience, completed within the last five (5) years, in the area of endorsement or equivalent educational attainment, as defined by the department of education;
2. (2) Hold an active industry license or credential, including those issued by any state, for the area of endorsement, as defined by the department of education;
3. (3) Meet the requirements established by rule by the state board of education; and
4. (4)
  1. (A) Be enrolled in a state board-approved educator preparation program with a job-embedded clinical practice;
  2. (B) Have completed a state board-approved educator preparation program; or
  3. (C) Provide proof of pairing with a highly effective mentor teacher and completion of coursework in classroom management, pedagogy, serving students with disabilities and English learners, and the teacher code of ethics as set forth in § 49-5-5615, from a state board-approved educator preparation program.
(b) An educator who is issued a practitioner occupational teaching license pursuant to this section shall meet all requirements for license advancement and renewal established by state board of education rules.

§ 49-5-111. Educational assistants.

(a) Educational assistants shall have, at a minimum, a high school diploma or high school equivalency credential approved by the state board of education, and shall show demonstrable proficiency in reading and writing skills.
(b) If a licensed teacher to whom an educational assistant has been assigned is required to be absent from the classroom, the educational assistant may assume responsibility for the classroom in lieu of a substitute teacher. However, no educational assistant shall assume responsibility for the classroom for more than three (3) consecutive school days.
(c) This section shall not apply to educational assistants hired on or before July 1, 2006.

§ 49-5-112. Licensure to teach in grades nine through twelve for person who has taught at eligible postsecondary institution.

(a) Notwithstanding any law to the contrary, the department shall issue a license to teach in grades nine through twelve (9-12) to any person who has taught at an eligible postsecondary institution as defined in § 49-4-902 and who meets the qualifications listed in this section. The license shall bear an endorsement to teach only in the subject area in which the person taught at the eligible postsecondary institution.
(b) Any applicant seeking teacher licensure pursuant to this section shall:
1. (1)
  1. (A) Have been a full-time college professor or instructor for at least two (2) of the last five (5) years at an eligible postsecondary institution that is accredited by a regional accrediting association, as defined by § 49-4-902; or
  2. (B) Have been a part-time college professor or instructor, teaching at least one (1) course per semester, for at least three (3) of the last five (5) years at an eligible postsecondary institution that is accredited by a regional accrediting association, as defined by § 49-4-902;
2. (2) Submit for review by the department or a partnering institution of higher education at least three (3) years of documented teaching evaluations that rate the applicant for licensure as proficient or better in the subject area in which the applicant is seeking licensure. The teaching evaluations required by this subdivision (b)(2) shall have been administered by the institution at which the applicant taught. The department is authorized to promulgate rules and regulations to define proficiency in evaluations; and
3. (3) Successfully complete all exams required for licensure for the subject area in which the applicant is seeking licensure.

§ 49-5-113. Petition for waiver of requirement for renewal of teacher's license.

A teacher who, on each of the teacher's last three (3) evaluations conducted pursuant to § 49-1-302(d), received an evaluation demonstrating an overall performance effectiveness level of “significantly above expectations” may petition the commissioner of education for a waiver of any requirement for renewal of the teacher's license. If the commissioner grants the waiver, the teacher need not meet the requirement that was waived to receive a renewal of the teacher's license.

§ 49-5-114. Temporary teaching permits — Eligibility for temporary permits — Examination for issuance of permit — Clinical requirements.

(a) The commissioner of education may grant, on behalf of the state board of education, under the conditions prescribed by the state board's rules, an individual pursuing clinical experience in an educator preparation program (EPP) who meets the requirements of subsection (b) a temporary permit to teach in a teaching position in which an LEA or public charter school is unable to secure a qualified teacher with a valid license for the type and kind of school in which a vacancy exists.
(b) To be eligible to receive a temporary permit pursuant to subsection (a):
1. (1) An individual must:
  1. (A) Be enrolled in an EPP and have completed all of the coursework in the program except for the clinical experience required pursuant to § 49-5-5604; and
  2. (B) Submit with the individual's application for a temporary permit a letter of recommendation from the EPP in which the individual is enrolled; and
2. (2) A director of schools or a director of a public charter school must submit a conditional offer of employment made by the respective director of schools or the director of the public charter school for the individual to fill a position for which the LEA or public charter school is unable to secure a qualified teacher with a valid license for the type and kind of school in which a vacancy exists. The conditional offer of employment must include a certification by the director of schools or the director of the public charter school that the director has notified the commissioner of the LEA's or public charter school's inability to fill the vacancy and its intent to employ the individual pursuant to a temporary permit issued pursuant to this section.
(c) The commissioner may grant an individual a temporary permit pursuant to this section authorizing the individual to teach a course requiring an end-of-course examination to satisfy the graduation requirements established by the state board if the individual demonstrates sufficient content knowledge in the course material by taking and passing, at the teacher's own expense, a standardized or criterion-referenced test for the content area in accordance with § 49-6-6006.
(d) Notwithstanding subsection (a), the commissioner shall not grant an individual a temporary permit to teach a physical education class required under § 49-6-1021(e) or a special education course.
(e) A temporary permit issued pursuant to this section is valid only until June 30 following the date of the permit's issuance and shall not be renewed.
(f) A director of schools or a director of a public charter school who learns of the conviction of a teacher holding a temporary permit who is employed by the LEA or public charter school, respectively, for any offense listed in § 49-5-417(a) shall report the conviction to the state board. The state board shall set the time frame within which a director of schools or a director of a public charter school must report a conviction of a teacher holding a temporary permit. The state board may specify other offenses for which a director of schools or a director of a public charter school is required to report to the state board upon learning of a conviction of a teacher holding a temporary permit for any such offense.
(g) A director of schools or a director of a public charter school shall report to the state board teachers holding a temporary permit who are employed by the LEA or public charter school, respectively, who have been suspended or dismissed, or who have resigned, following allegations of conduct, including sexual misconduct, which, if substantiated, would warrant consideration for disciplinary action under state board rules. As used in this subsection (g), “sexual misconduct” has the same meaning as defined in § 49-5-417(c)(5).
(h) An individual who teaches under a temporary permit issued pursuant to this section satisfies the clinical experience required pursuant to § 49-5-5604 if:
1. (1) The individual is assigned to, and receives guidance, evaluations, and instructions from, an educator for an amount of time that is at least equal to the amount of time required for candidates of the EPP in which the individual is enrolled to meet the EPP's clinical experience requirements;
2. (2) The educator assigned to the individual evaluates the individual as having adequately met the same requirements that candidates of the EPP in which the individual is enrolled must meet in order to satisfy the clinical experience requirements of § 49-5-5604; and
3. (3) The individual teaches under a temporary permit for an amount of time that is at least equal to the amount of time required for candidates of the EPP in which the individual is enrolled to complete the clinical experience requirements of § 49-5-5604.
(i) The state board of education shall promulgate rules to effectuate the purposes of this section. The rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

§ 49-5-115. Requirements for provision of technical or industry instruction — Instructor subject to investigation.

(a) Notwithstanding another law to the contrary, if a person holds an active industry license or credential relevant to a career and technical education course, as determined by the department of education, then the person may provide instruction to students in the career and technical education course; provided, that the instruction provided by the person is supervised at all times in the classroom by a licensed teacher who serves as the teacher of record for the course.
(b) A person providing instruction to students in a career and technical education course pursuant to subsection (a) is subject to investigation pursuant to § 49-5-413.

Part 2 Teachers' Rights and Duties Generally

§ 49-5-201. Duties of teachers.

(a) It is the duty of the teacher to:
1. (1) Open and close the school each day at the time fixed by the board of education;
2. (2) Give instruction to the pupils only in the subjects covered by the license that the teacher holds;
3. (3) Supervise educational assistants when they are working with pupils;
4. (4) Keep the register at the school and record accurately the number of pupils present and the number absent each day before leaving the school building;
5. (5) Give instruction in physical education as provided by law and official regulations;
6. (6) Teach the constitutions of the United States and of Tennessee for the purpose of instructing all the children as to their privileges and duties under the constitutions and for the promotion of good citizenship;
7. (7) Follow the state course of study and the rules and regulations for the promotion of pupils furnished by the commissioner of education;
8. (8) Serve as custodian of the school property during the public school term, report in writing to the director of schools any misuse of school property or repairs needed on school property and, at the close of the term, furnish the director an inventory of equipment and supplies on hand and a list of supplies and equipment that will be needed for the opening of the succeeding term;
9. (9) Furnish the director of schools at the end of each week a complete list of pupils within the province of the teacher's school who were absent during the week;
10. (10) Make a report promptly at the close of the term on all items included in the abstract in the teacher's register and certify its correctness by affidavit; and
11. (11) Observe any other rules and regulations relative to the service of teachers that may be made by the county board of education.
(b) It is unlawful for any teacher to keep the doors or windows of the school building locked while the pupils are assembled in the school or to permit any screens to be fastened in windows of the building that would prevent the egress of pupils in case of fire or other emergency.

1 Backlink

49-5-403(c)

§ 49-5-202. Advocacy of revolution.

(a) No person who advocates the overthrow of the American form of government or who is a member of a political party subscribing to a political faith that advocates the overthrow of the American form of government shall be employed on either a temporary or permanent basis in any school in this state financed in whole or in part with public funds.
(b) Any person who violates this section commits a Class C misdemeanor and shall also forfeit office.

1 Backlink

49-6-2607(e)(3)

§ 49-5-203. Change in school organization — Teacher's rights preserved.

(a) The change in the governmental structure of a school system or institution through the process of annexation, unification, consolidation, abolition, reorganization, transfer of the control and operation of a school system or institution to a different type governmental structure, organization or administration, or creation of a city school system shall not impair, interrupt or diminish the rights and privileges of a then existing teacher; and such rights and privileges shall continue without impairment, interruption or diminution.
(b) If the teacher becomes the employee of another school system or institution as a result of a change in the governmental structure, then the rights and privileges of the teacher shall continue without impairment, interruption or diminution as obligations of the new government, organization or administration.
(c) “Rights and privileges,” as used in this section, includes, but is not limited to, salary, pension or retirement benefits, sick leave accumulation, tenure status and contract rights, whether granted by statute, private act or governmental charter.
(d) Prior to the change in any governmental structure or organization becoming effective, the commissioner of education shall determine that the rights and privileges protected by this section are not impaired, interrupted or diminished. In addition to the remedies available to a teacher aggrieved by a change in the governmental structure, organization or administration of a school system or institution, the commissioner is authorized to withhold state funds in the enforcement of this section.

3 Backlinks

§ 49-5-204. Tuition reimbursement for licensing renewal courses.

(a) Any educator required to complete one (1) academic course or one (1) professional education course focusing on methodology or teaching skills as part of the license renewal process shall be eligible for tuition reimbursement for course work taken at a state-supported or a private college or university at a rate not to exceed the maximum rate that would be charged for that course work, or similar course work, at a state-supported college or university, upon successful completion of the course work and submission of a transcript to the department of education.
(b) For purposes of this section, “educator” means any teacher, principal, supervisor or other individual required by law to hold a valid license of qualification for employment in the public schools of this state.
1 Backlink
- 8-33-109(b)

1 Backlink

8-50-802(a)(4)(B)(i)

§ 49-5-205. Professional leave to serve on boards or commissions.

(a) A teacher shall be allowed to use up to two (2) days of the professional leave provided for by § 49-5-711 in each year of employment to serve on boards and commissions that meet during daytime hours and to which a teacher has been appointed by a mayor, city council, county mayor or county commission. The days shall be taken at the discretion of the teacher, and the local board of education may require verification of a teacher's attendance at the meetings in all cases deemed proper by the local board.
(b) A teacher shall be granted leave to serve on any board or commission of the state, the appointment to which is by the governor or the general assembly, without forfeiture of accumulated leave credits of any type, tenure status or other benefit.

§ 49-5-206. Service on state boards without loss of compensation or benefits.

(a) If any statute creating a state board, commission or committee specifies or authorizes a teacher or other certificated employee of an LEA to serve as a member, then any teacher or other certificated employee shall be eligible to serve on the state board, commission or committee without the loss of compensation, personal or professional leave, sick leave, compensatory time or any other benefit accorded to the teacher or employee as part of the teacher's or employee's employment as a teacher by the respective LEA.
(b) This section applies to, but is not limited to, §§ 8-27-301, 8-34-302, 49-1-301, and 49-6-2201.
(c) Any additional costs incurred by LEAs as a result of the implementation of subsection (a) shall be reimbursed from the funds apportioned as state-shared taxes to county and municipal governments, as set out in § 9-4-5301.

§ 49-5-207. Loans to teachers for master or doctoral level degrees.

(a) Each LEA may offer interest-free loans to a teacher for the purpose of obtaining a master's or doctoral level degree at any state college or university in the subject area or field of study in which the person teaches or plans to teach in the public elementary or secondary schools of this state.
(b) If the LEA elects to offer interest-free loans as provided in subsection (a), the LEA shall establish an education loan revolving fund from revenues received from gifts, grants and state and local government appropriations made for this purpose and provide the loans from such fund. The legislative body of any county or municipality may appropriate funds for the purpose of establishing such funds for its LEA. No state funds appropriated for education shall be obligated or expended to offer the interest-free loans.
(c) The loans shall be available to any person who has taught in a public elementary or secondary school in this state for at least two (2) years prior to requesting a loan authorized by subsection (a).
(d) The loans shall not be due and payable until the person obtains the degree being sought. Repayment shall be made by applying two-thirds (⅔) of any annual salary increase the person receives from the LEA for obtaining the advanced degree. The LEA is authorized to withhold such amounts from the teacher's pay to be applied to the loan repayment until the loan is paid. All funds received for the loan repayment shall be deposited in the education loan revolving fund established pursuant to subsection (b).
(e) If the person obtains a loan under this section and does not continue to teach in the public elementary or secondary schools of this state, the LEA has the option of requiring the loan be paid in full at the time the person is no longer teaching as required in this section or allowing repayment of the loan in an amount that would equal two-thirds (⅔) of any annual salary the person would have received from the LEA for obtaining the advanced degree had the person remained in teaching plus any interest that may be due. If the LEA retains the loan, the loan shall begin to accrue interest annually at the formula rate established in § 47-14-102(6) at the time the person is no longer employed as a teacher.
(f) If the person continues to teach in the public elementary or secondary schools of this state but in a different LEA from the LEA that advanced the loan, the appropriate LEAs are authorized to enter into an agreement to withhold the amount established in subsection (d) from the person's salary to be forwarded to the LEA that advanced the loan, to be applied to the loan payment in accordance with subsection (d). In the absence of such agreement, the LEA that authorized the loan is authorized to proceed with collecting the remaining balance due in accordance with the previously established repayment schedule and shall have the authority to enforce the payment of the loan and collect the balance due in the same manner as provided by law for the collection of debts.
(g) The interest free loan program authorized by this section shall be subject to the prior approval of the local school board and the applicable county or municipal legislative body. Nothing in this section shall require the approval of individual loans.

§ 49-5-208. Reporting inaccuracies, errors, or potentially inflammatory material in textbooks and instructional materials.

No teacher or other educator shall be discouraged or disciplined by any supervisor, including a principal, the director of schools, or the local board of education, for reporting inaccuracies, errors, or potentially inflammatory material in textbooks and instructional materials or content to a supervisor, an elected official, or a parent or guardian of a student. No teacher or other educator shall be asked or required to waive the right to report inaccuracies, errors, or potentially inflammatory material in textbooks and instructional materials or content to a supervisor, an elected official, or a parent or guardian of a student as a condition of employment or continuing employment.

§ 49-5-209. Educator's Bill of Rights.

(a) This section is known and may be cited as the “Educator's Bill of Rights.”
(b) For purposes of this section, “educator” means any teacher, principal, supervisor, or other individual required by law to hold a valid license of qualification for employment in the public schools of this state.
(c) An educator has the right to:
1. (1) Be treated with civility and respect;
2. (2) Have his or her professional judgment and discretion respected;
3. (3) Report any errant, offensive, or abusive content or behavior of students to school officials or appropriate agencies;
4. (4) Provide students with a classroom and school in which the educators, students, the property of the educator and students, and peers will be safe;
5. (5) Defend themselves and their students from physical violence or physical harm pursuant to § 49-6-2802;
6. (6) Share information regarding a student's educational experience, health, or safety with the student's parent or legal guardian unless otherwise prohibited by state law or the federal Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g);
7. (7) Review all instructional material or curriculum prior to those materials being utilized for instruction of students;
8. (8) Not be required to use their personal money to appropriately equip a classroom;
9. (9) Report students who commit offenses of assault and battery or vandalism on school property endangering the life, health, or safety of others pursuant to § 49-6-4301; and
10. (10) Receive benefits in accordance with § 49-5-714 if the educator is a teacher who is absent from the teacher's assigned duties as a result of personal injury caused by a physical assault or other violent criminal act committed against the teacher in the course of the teacher's employment activities.

Part 3 Rights and Duties of Other Personnel Generally

§ 49-5-301. Nonteachers eligible for public office.

Notwithstanding any law except §§ 8-23-201 and 49-2-203 to the contrary, noninstructional personnel employed by any public school in this state shall be eligible to run for public office.

§ 49-5-302. School counselors and school teachers.

(a) A school counselor or school teacher is responsible solely for providing counseling and guidance to students at the school or schools at which the counselor is employed. If a counselor is employed as such on a less than full-time basis, those hours devoted to guidance and counseling shall be specified and adhered to closely. A school counselor is not responsible for general school administration or reports, except such reports as may be connected with the school's guidance program.
(b) Counseling and guidance include, but are not limited to:
1. (1) Counseling on academic problems or decisions;
2. (2) Counseling on social or peer-group pressure problems;
3. (3) Career counseling and guidance;
4. (4) Guidance on socialization and group interaction;
5. (5) Motivational guidance;
6. (6) Behavioral guidance; and
7. (7) Counseling on personal problems.

§ 49-5-303. LEA employees — Service on state boards without loss of compensation or benefits.

(a) If any statute creating a state board, commission or committee specifies or authorizes an employee of an LEA to serve as a member, then the employee shall be eligible to serve on the state board, commission or committee without the loss of compensation, annual leave, sick leave, compensatory time or any other benefit accorded to the teacher or employee as part of the teacher's or employee's employment by the respective LEA.
(b) This section applies to, but is not limited to, §§ 8-27-301, 8-34-302, 49-1-301, and 49-6-2201.
(c) Any additional costs incurred by LEAs as a result of the implementation of subsection (a) shall be reimbursed from funds apportioned as state-shared taxes to county and municipal governments, as set out in § 9-4-5301.

Part 4 Employment and Assignment of Personnel

§ 49-5-401. Employment and assignment generally.

(a) All educators and other school personnel to be employed for the following school year shall be assigned to the several schools by June 15 next preceding the school year for which those persons are employed.
(b) If a sufficient number of educators and other personnel are not available for employment by May 15, the director of schools shall employ and assign to the several schools such educators and other personnel as are necessary to meet the needs and programs authorized by the board of education.

§ 49-5-402. Salary ratings.

(a) After the election of teachers, the director of schools shall establish the salary rating of each person employed as teacher or principal-teacher, and also the director of schools and other school personnel employed on a system-wide basis in the public schools, using for this purpose the established training and experience of the school personnel and the respective state salary schedule for the school year, as prescribed by the commissioner of education and approved by the state board of education.
(b) The salary rating and other information as called for on forms prescribed by the commissioner shall be filed with the commissioner on or before February 1 of the school year for which the personnel are elected.
(c) Notwithstanding any provision of this section to the contrary, any principal-teacher, teacher, director of schools, or other school personnel employed on a system-wide basis who completes additional academic training after the beginning of a school year but prior to January 1 of that school year, that would qualify the employee for a higher salary rating, shall be eligible to have the employee's salary rating redetermined as of January 1 of the school year. To receive the adjustment in salary rating, the employee shall give notice in writing of the employee's intention to complete academic training that may qualify the employee for a higher salary rating after the beginning of the school year immediately subsequent to the date of the notice and prior to January 1 of such school year. The written notice shall be given to the director of schools and to the chair of the local board of education prior to submission of the LEA's budget to the local legislative body pursuant to § 49-2-203(a)(9). After completing the academic training, the employee shall provide, by February 1 of the school year, all documentation, as required by the LEA and the commissioner, necessary to establish the completion of the training. The increased salary rating and other information, as called for on forms prescribed by the commissioner, shall be filed with the commissioner by February 15 of the school year.
(d) Military personnel who have served as junior reserve officers' training corps (JROTC) instructors in accordance with § 49-5-108(c)(3) for not less than two (2) years and who currently teach in subject areas other than JROTC or military science, for which they are properly licensed, shall be credited with their years of experience in teaching JROTC or military science for the purpose of determining salary ratings.

§ 49-5-403. Teachers — Licenses required.

(a) No person shall be employed to teach in any public elementary or high school or receive pay for teaching out of the public funds of any school system until the person has received a license from the commissioner or state board of education.
(b) As used in parts 2, 4 and 7 of this chapter, “employ,” and all derivatives of “employ,” means to put to work in a position compensated from public funds, and shall not be construed to preclude election by the local board of education of a teacher prior to that teacher's having received a license, in accordance with the rules and regulations of the state board of education.
(c) This section does not apply to a student teacher. As used in this section, “student teacher” means a student enrolled in an institution of higher learning approved by the state board of education for teacher training, who is jointly assigned by the institution of higher learning and the local board of education to perform practice teaching under the direction of a regularly employed and licensed teacher. A student teacher, while serving a nonsalaried internship under the supervision of a licensed teacher, shall be accorded the same protection of the laws as that accorded a licensed teacher, and shall, while acting as a student teacher, comply with all rules and regulations of the state and applicable local board of education and observe all duties of teachers as set forth in § 49-5-201. A student teacher who has been jointly assigned to a before-and-after school care program and who performs in a nonsalaried internship under the direction of a regularly employed teacher shall, while serving in this position, be accorded the same protection of the laws as is accorded a licensed teacher, specifically including protections under the Tennessee Governmental Tort Liability Act, compiled in title 29, chapter 20.
(d) Since preschool and early childhood special education require very specialized curriculum and practicum experience, the state board of education shall establish licensing requirements and procedures for preschool and early childhood special education teachers. Such licensing requirements and procedures shall be submitted to the education committee of the senate and the education administration committee of the house of representatives for review prior to their implementation.

§ 49-5-404. Teachers — Physical examination.

No person who has any contagious or communicable disease in a form that might endanger the health of school children shall teach in any school, and any teacher must submit to a physical examination by competent physicians when so required by the local board of education.

§ 49-5-405. Teachers — Loyalty oaths.

(a) All persons now teaching or who may hereafter be employed as teachers in any school supported in whole or in part by public funds of the state, county or municipality shall be required to take and subscribe to an oath to support the constitutions of the United States and Tennessee.
(b) Any person who is an applicant for a position as a teacher in the schools referred to in subsection (a) who refuses to take the oath shall not be employed, and those who are now employed and who refuse to take the oath referred to in subsection (a) shall be immediately dismissed from the service.

§ 49-5-406. Employment application, offer and acceptance.

(a)
1. (1) Each local board of education or director of schools, as appropriate, shall require all persons applying for a position as a teacher as defined in § 49-5-501, or for any other position requiring proximity to school children, to file, in writing, in advance of employment, on forms supplied by the commissioner of education or on forms provided by the local board of education or director of schools, as appropriate, an application stating whether the applicant:
  1. (A) Has been convicted of a misdemeanor or a felony in this state or in any other state;
    1 Backlink
    
    49-5-413(a)(1)
  2. (B) Has been dismissed for any of the causes enumerated in § 49-2-203 or § 49-5-511; and
  3. (C) Has or will provide a copy of a written resignation to the most recent local board where the person was employed at least thirty (30) days prior to the beginning date of the person's employment with the board to which application is being made; provided, that the thirty-day notice may be waived by the local board or director of schools, as appropriate, from which the person is resigning employment. The employing local board or director of schools, as appropriate, may rely upon the information submitted in writing by the applicant relative to the applicant's contractual or resignation status as being valid and accurate to meet the requirements of this section.
2. (2)
  1. (A) Knowingly falsifying information required by subdivision (a)(1) shall be sufficient grounds for termination of employment and shall also constitute a Class A misdemeanor that must be reported to the district attorney general for prosecution.
  2. (B) The provisions of subdivision (a)(2)(A) shall be conspicuously displayed on forms supplied for implementation of subdivision (a)(1).
  3. (C) Language conspicuously displayed on such forms shall also advise applicants that the accuracy of the information may be verified by fingerprint and criminal history records check conducted by the Tennessee bureau of investigation pursuant to § 49-5-413(a).
3. (3) Subdivision (a)(1) shall not be construed or implemented to compel disclosure of a parking or moving traffic violation if the maximum sanction provided by law for the violation does not include a period of confinement.
(b)
1. (1) Upon the initial employment of a teacher, the local board of education or the director of schools, as appropriate, shall notify the person, in writing, of the person's employment and the conditions of employment.
2. (2) Upon receipt of the employment notification, the person must accept or reject, in writing, the offer of employment:
  1. (A) Within fourteen (14) calendar days, if the offer was made between April 1 and June 1, including offers of employment made on April 1, but excluding offers of employment made on June 1; or
  2. (B) Within five (5) business days, if the offer was made between June 1 and April 1, including offers of employment made on June 1, but excluding offers of employment made on April 1.
3. (3) From the date of the written acceptance, the person is considered to be under employment with the local board of education or the director of schools, as appropriate, and is subject to all rights, privileges, and duties of this title.
4. (4) As used in this subsection (b), “business day” means a day other than a Saturday, Sunday, or legal holiday. For purposes of computing the time within which a person must respond to an employment notification under subdivision (b)(2)(B), the five-business-day period begins with the first business day after the date on which the person received the employment notification.
(c) Each local board of education or director of schools, as appropriate, shall provide a copy of subsections (a) and (b) to each teacher upon the person's initial employment or return from leave.
(d) Any person seeking employment in a state educational institution as a director of schools, principal, professor, teacher, tutor, instructor or any other person having in any way the custody and care of students of the public educational institutions of this state is required to make a full disclosure of any prior criminal record and any prior dismissals from employment for cause. A person who violates this subsection (d) commits a Class A misdemeanor. The person shall not be employed and, if employed despite a violation of this subsection (d), shall forfeit office.

1 Backlink

49-5-413(a)

§ 49-5-407. [Repealed]

§ 49-5-408. Teachers — Contracts.

All teachers shall make a written contract with the director of schools or board of education at a fixed salary per month before entering upon the teachers' duties.

§ 49-5-409. Continuation of service unless notice of dismissal or failure of reelection sent.

(a) Teachers in service and under the control of the public elementary or high schools of this state may continue in such service unless written notice is sent to the teacher from the teacher's board of education or director of schools, as appropriate, of the teacher's dismissal or failure of reelection.
(b)
1. (1) The notice must be sent within five (5) business days following the last instructional day for the school year to be applicable to the next succeeding school year; provided, that the director of schools may transfer any teacher from one (1) position to another at the director's option. Nothing contained in this section shall affect any rights that may have accrued, or may hereafter accrue, on behalf of any teachers or principals in any local school system under any law providing a tenure of office for the teachers and principals.
2. (2) If a teacher's dismissal or failure of reelection is due only to a loss of funding for the position, then the local board of education or director of schools, as appropriate, shall state in the notice required under this section that the only reason for dismissing the teacher or not reelecting the teacher's contract for the next succeeding school year is a loss of funding for the position.
(c) Nothing in this section shall prohibit a board from abolishing a position after June 15, for sufficient, just and nondiscriminatory reasons; provided, that the person holding the position is notified immediately in writing stating the reasons for abolishing the position and the person is entitled to the next position that the person is qualified to hold and that opens within the school system during the remainder of the school year. The determination of whether a teacher is qualified for an open position shall be made by the director of schools, and the teacher's most recent evaluations may be a factor in such determination.
(d) Written notice sent by a board of education or director of schools in accordance with this section must be sent by certified mail or overnight carrier to the teacher's physical mailing address on record with the LEA, or transmitted via electronic mail to the email address used by the LEA to communicate with the teacher.
(e) As used in this section, “last instructional day” means the last day of the school year on which students are required to report to school.

2 Backlinks

§ 49-5-410. Teachers — Moonlighting.

(a) A teacher employed full time by any institution of public education, including higher education, may be employed and paid by the same or another institution for additional part-time work outside the teacher's regular hours, not to exceed fifteen (15) clock hours beyond the teacher's regular employment per week and not to exceed four hundred (400) clock hours out of any nine-month period.
(b) If the additional part-time work is or includes teaching in an institution of higher education, the teacher shall be limited to teaching no more than two (2) courses per quarter or semester.
(c) The employment must be approved by the governing board of each institution of public education.

§ 49-5-411. Teachers — Resignations — Breach of contract.

(a) The conditions under which it is permissible to break a contract with a local board of education are as follows:
1. (1) The incapacity on the part of the teacher to perform the contract as evidenced by the certified statement of a physician approved by the local board of education;
2. (2) The drafting of a teacher into military service by a selective service board; and
3. (3) The release, by written mutual consent, by the local board of education of the teacher from the contract that the teacher has entered into with the local board of education.
(b) A teacher shall give the director of schools written notice of resignation at least thirty (30) days in advance of the effective date of the resignation. A teacher who breaks a contract with a local board of education without a justifiable reason as listed in this section shall be subject to the following penalty:
1. (1) The local board of education, upon a motion recorded in its minutes, may file a complaint with the state board of education and request a suspension of the teacher's license;
2. (2) The request shall be supported by facts documenting the charge that the teacher broke the contract contrary to this section;
3. (3) The teacher shall receive a copy of the charges and facts at the same time they are filed with the state board of education;
4. (4) If the state board of education finds that a teacher has broken the teacher's contract, then the state board may suspend the teacher's license for no less than thirty (30) days and no more than three hundred sixty-five (365) days;
5. (5) The suspension of a license according to this section shall occur only after the state board of education has provided the teacher an opportunity for defense, in person or by counsel, against the charges during a full and complete hearing within thirty (30) days following the filing of the complaint; and
6. (6) A license that has been suspended because of breach of contract shall have recorded on it the date the suspension was in effect and the cause for the suspension.

§ 49-5-412. Schools required to have principal.

Each school having nine (9) or more teachers shall have at least one (1) full-time supervising principal.

§ 49-5-413. Investigation of applicants for teaching or child care positions.

(a) Except as provided by subsection (f), and in addition to the requirements of § 49-5-406, a local board of education, charter school, or any child care program as defined in § 49-1-1102, shall require that prior to employment, and at least every five (5) years thereafter, any person applying for or holding a position as a teacher or any other position requiring proximity to school children or to children in a child care program to:
1. (1) Agree to the release of all investigative records to the board or child care program for examination for the purpose of verifying the accuracy of criminal violation information as required by § 49-5-406(a)(1)(A); and
2. (2) Supply a fingerprint sample and submit to a criminal history records check to be conducted by the Tennessee bureau of investigation and the federal bureau of investigation.
1 Backlink
- 49-5-406(a)(2)(C)
(b) Any retired teacher applying for a position as a teacher in accordance with title 8, chapter 36, part 8 shall not be required to comply with this section if the application is being made to the local board of education from which the teacher retired.
(c) Any reasonable costs incurred by the Tennessee bureau of investigation in conducting the investigation of an applicant shall be paid by the applicant the first time the applicant applies for a position with a local board of education or a child care program. The applicant shall be provided a copy of all criminal history records check documentation provided to the local board of education or child care program to which the applicant first applies. In lieu of additional criminal history records checks for subsequent applications, the applicant may submit copies of the applicant's initial criminal history records check documentation and shall not be required to pay any additional costs. Any local board of education or child care program may reimburse the applicant for the costs of the investigation if the applicant accepts a position as a teacher or any other position requiring proximity to school children or children in a child care program. Any local board of education or child care program may establish a policy authorizing payments for investigations of an applicant who provides school maintenance, clean up, food service and other such functions other than administrative or teaching functions or duties. A local board of education or child care program may pay for an investigation of the applicant regardless of whether the applicant accepts an offer for employment with the board of education or child care program.
(d)
1. (1)
  1. (A) Any person, corporation or other entity that enters into or renews a contract, or contracts with any person, corporation, or other entity that enters into or renews a contract, with a school, local board of education or child care program as defined in § 49-1-1102, on or after May 30, 2008, shall be required to comply with this subsection (d) if the contract requires:
    1. (i) The person or an employee of the person, corporation or other entity to have direct contact with school children or to children in a child care program; or
    2. (ii) The person or employee to have access to the grounds of a school or child care center when children are present.
  2. (B) Any person, corporation or other entity that, on or after September 1, 2007, but prior to May 30, 2008, entered into or renewed an applicable contract or contracts with a school, local board of education or child care program as defined in § 49-1-1102, and the contract remains in effect on May 30, 2008, shall be governed by this subsection (d) as it existed prior to May 30, 2008. However, all parties to any such contract may agree to come within this subsection (d), even if the contracts were entered into or renewed prior to May 30, 2008.
2. (2)
  1. (A) It is the duty of the person, corporation or other entity that employs a person described in subdivision (d)(1) to require the applicant to supply a fingerprint sample and submit to a criminal history records check to be conducted by the Tennessee bureau of investigation and the federal bureau of investigation prior to permitting the person to have contact with the children or enter school grounds.
  2. (B) If the person, corporation or other entity is an out-of-state employer, the requirements of subdivision (d)(2)(A) are satisfied if the employer presents proof that a criminal history records check that is comparable to that required by subdivision (d)(2)(A) has been conducted on the employee described in subdivision (d)(1). To qualify as a comparable criminal history records check, it must include a fingerprint-based criminal history records check that is conducted by the federal bureau of investigation.
  3. (C) Notwithstanding subdivision (d)(2)(A), a person, corporation or entity that, for one (1) employee, satisfies the requirements of this subsection (d) for one (1) school, one (1) local board of education or one (1) child care program shall be deemed to have satisfied the requirements for any other school, board of education or child care program, as long as the employee remains in the continuous employment of the same person, corporation or entity.
  4. (D) Notwithstanding subdivision (d)(2)(A), a person, corporation or other entity that, for one (1) contract, satisfies the requirements of this subsection (d) shall be deemed to have satisfied the requirements of this subsection (d) for any subsequent contract, as long as the employee servicing or working on that contract remains in the continuous employment of the same person, corporation or entity.
3. (3)
  1. (A) No employer, or employee of the employer to whom this subsection (d) applies, shall come in direct contact with school children or with children in a child care program or enter the grounds of a school or child care center when children are present until the criminal history records check has been conducted on the person.
  2. (B)
    1. (i) No employer, or employee of the employer to whom this subsection (d) applies, shall come in direct contact with school children or with children in a child care program or enter the grounds of a school or child care center when children are present if the criminal history records check indicates that the employer or employee has ever been convicted of any of the following offenses, or the same or similar offense in any jurisdiction, including convictions for the solicitation of, attempt to commit, conspiracy, or acting as an accessory to:
      1. (a) A sexual offense or a violent sexual offense as defined in § 40-39-202;
      2. (b) Any offense in title 39, chapter 13;
      3. (c) Sections 39-14-301 and 39-14-302;
      4. (d) Sections 39-13-1001 — 39-13-1004;
      5. (e) Sections 39-15-401 and 39-15-402;
      6. (f) Section 39-17-417;
      7. (g) Section 39-17-1320; or
      8. (h) Any other offense in title 39, chapter 17, part 13.
    2. (ii) Notwithstanding subdivision (d)(3)(B)(i), an employer or employee of the employer to whom this subsection (d) applies, may come in direct contact with school children or with children in a child care program or enter the grounds of a school or child care center when children are present if the criminal history records check indicates that:
      1. (a) The person was convicted of a misdemeanor offense;
      2. (b) The misdemeanor conviction occurred more than ten (10) years preceding the date of application for employment; and
      3. (c) The misdemeanor offense for which the person was convicted did not involve a minor.
  3. (C)
    1. (i) If an employee is convicted of any of the offenses in subdivision (d)(3)(B)(i) after the employer has conducted a criminal history records check on the employee, the employee shall notify the employer of the conviction within seven (7) days from the date of conviction.
    2. (ii) An employee commits a Class A misdemeanor, punishable by fine only, who knowingly fails to disclose to the employer within seven (7) days as required under subdivision (d)(3)(C)(i) that the employee has been convicted of an offense specified in subdivision (d)(3)(B)(i).
4. (4) This subsection (d) shall only apply if the employer or employee of the employer comes in direct contact with school children, children in a child care program or enters the grounds of a school or child care center when children are present during the ordinary course of performing a function required or permitted by the terms of the contract. Any action involving direct contact or entry by an employee that is outside the ordinary course of performing a function required or permitted by the terms of the contract shall not in any way be deemed to be authorized or approved by the employer and the employer shall not in any way be deemed to be liable for the contact or entry, vicariously or otherwise. However, nothing in this subsection (d) shall authorize contact or entry by an employer or employee of the employer if contact or entry is prohibited by any other law; provided, that, with respect to the contact or entry, the person, corporation or other entity that employs a person described in subdivision (d)(1) shall not in any way be deemed to be liable, vicariously or otherwise, for any actions taken by the employee, unless the employer has actual knowledge that the other law prohibits contact or entry by an employee.
5. (5)
  1. (A) This subsection (d) shall not apply to:
    1. (i) Government personnel engaged in law enforcement, medical or emergency health services;
    2. (ii) Utility personnel, where utility means any entity created or authorized by law to provide electricity, gas, water, wastewater services or telecommunications services or any combination of these services;
    3. (iii) Delivery or pick-up service providers where those services involve only scheduled visits under the supervision of school personnel; or
    4. (iv) A person whose contract is for the performance of a service at a school-sponsored activity, assembly, or event at which school officials or employees are present when the service is performed and where the activity, assembly, or event is conducted under the supervision of school officials or employees; provided, however, that this exception shall not apply to persons engaged or contracted to referee or officiate an interscholastic athletic event unless said person has undergone a satisfactory background check as a condition of registration for work as an official for interscholastic athletic contests.
  2. (B) Nothing in this subsection (d) shall be construed to prevent any person, corporation or other entity that employs a person described in subdivision (d)(1) from directly receiving, upon payment of the appropriate fee, information indicating whether the employee meets or does not meet the criteria set out in this subsection (d).
(e)
1. (1) The department of education, the state board of education, local boards of education, public charter schools, and LEAs shall not hire or retain, and the state board of education shall not grant a license, reactivate an expired license, restore a revoked license, or grant a temporary teaching permit to, an individual found by the department of children's services to have committed child abuse, severe child abuse, child sexual abuse, or child neglect pursuant to title 37. The department of children's services shall not report an individual or employee as a perpetrator unless the department of children's services has first determined that the due process rights of the individual or employee were either offered but not accepted or fully exhausted or concluded, pursuant to the department of children's services rules and pursuant to state and federal law.
2. (2) Any individual who is currently employed with, or has been conditionally offered employment with, the department of education, the state board of education, any local board of education, public charter school, or any LEA, and has ever been found by the department of children's services to have committed child abuse, severe child abuse, child sexual abuse, or child neglect, shall be offered due process rights. Once the due process rights of the individual or employee have either been offered but not accepted, or have been fully concluded and the finding upheld, the department of children's services shall disclose such finding to the department of education, the state board of education, local board of education, public charter school, or LEA.
3. (3) If an individual is currently employed with, or has been conditionally offered employment with, the department of education, the state board of education, any local board of education, public charter school, or any LEA, and the department of children's services has ever found the individual to have committed child abuse, severe child abuse, child sexual abuse, or child neglect, but the due process rights of the individual or employee have not yet been offered or are still pending, the department of children's services shall conduct an emergency file review to determine if the individual poses an immediate threat to the health, safety, or welfare of children. If the emergency file review results in a finding that the individual poses an immediate threat to the health, safety or welfare of children, the department of children's services shall disclose the threat to the department of education, the state board of education, local board of education, public charter school, or LEA.
4. (4) If an individual is currently employed with, or has been conditionally offered employment with, the department of education, the state board of education, any local board of education, public charter school, or any LEA, and the department of children's services has commenced an investigation of the individual that has not yet been concluded, the department of children's services shall conduct an emergency file review to determine if the individual poses an immediate threat to the health, safety, or welfare of children. If the emergency file review results in a finding that the individual poses an immediate threat to the health, safety or welfare of children, the department of children's services shall disclose the threat to the department of education, the state board of education, local board of education, public charter school, or LEA.
5. (5) If due process proceedings have been stayed due to a pending criminal charge against an individual who is currently employed or has been conditionally offered employment by the department of education, any local board of education, public charter school, or any LEA, the department of children's services shall notify the department of education, the state board of education, local board of education, public charter school, or LEA of the pending criminal charge.
6. (6) The department of education, the state board of education and the department of children's services, in consultation, shall develop a procedure whereby local boards of education, public charter schools, or LEAs may submit to the department of children's services the names of current employees and individuals who have been conditionally offered employment with the local board of education, public charter schools, or LEA, to determine if the employee or individual has been found by the department of children's services to have committed child abuse, severe child abuse, child sexual abuse, or child neglect, or to pose an immediate threat to the health, safety, or welfare of children. Upon submission by the local board of education, public charter schools, or LEA of the names of current employees and individuals who have been conditionally offered employment, the department of children's services shall timely provide the local board of education, public charter schools, or LEA with the information in subdivisions (e)(2)-(5).
7. (7) The department of education, the state board of education, local boards of education, public charter schools, and LEAs shall not hire or retain, and the state board of education shall not grant a license, reactivate an expired license, restore a revoked license, or grant a temporary teaching permit to, an individual whose name has been placed on the state's vulnerable person's registry, the state's sex offender registry, or on registry similar to this state's vulnerable person's registry or this state's sex offender registry in another jurisdiction.
8. (8) The department of children's services shall have authority to promulgate as emergency rules the procedures described in subdivisions (e)(2)-(5) and shall promulgate such rules within sixty (60) days of May 14, 2013.
(f) Upon Tennessee's acceptance into the federal bureau of investigation rap back program, local boards of education, charter schools, and any child care programs, as defined in § 49-1-1102, shall conduct state and national criminal history record checks on the personnel identified in subsection (a) and shall participate in the rap back program to determine suitability or fitness for employment. Local boards of education, charter schools, and child care programs shall notify applicants and employees who are subject to a criminal history record check pursuant to this section that the Tennessee bureau of investigation may charge a reasonable fee for the criminal history record checks performed and that applicant and employee fingerprints will be retained by the Tennessee bureau of investigation and the federal bureau of investigation for all purposes and uses authorized for fingerprint submissions. The criminal history record check shall include the submission of fingerprints to:
1. (1) The federal bureau of investigation for a national criminal history record check; and
2. (2) The Tennessee bureau of investigation for a state criminal history record check that shall include nonconviction data.
(g) Each local board of education and each governing body of a charter school shall adopt a policy governing background check procedures for contract workers and volunteers. Upon Tennessee's acceptance into the federal bureau of investigation rap back program, local boards of education, charter schools, and any child care program, as defined in § 49-1-1102, may require state and national criminal history record checks to be conducted on contract workers and school volunteers, and may participate in the rap back program, for the purpose of determining suitability or fitness for contract workers and volunteers to work with children or to be on school grounds when children are present.

7 Backlinks

§ 49-5-414. Emergency first-aid personnel — Employee volunteers — Training.

Every public elementary and secondary school in this state is encouraged to have in its employ, or as a volunteer, at least one (1), preferably more, persons who are currently certified by the American Red Cross or another qualified certifying agency approved by the department of education, as qualified to administer emergency first aid and cardiopulmonary resuscitation (CPR). The local board of education is authorized to allocate up to six and one-half (6½) hours a year of in-service days established pursuant to § 49-6-3004 to conduct training programs for teachers and other personnel who have expressed an interest in becoming qualified to administer emergency first aid and CPR.

§ 49-5-415. Subpoena power of state board of education.

The chair of the state board of education or the chair's designee may issue subpoenas for the appearance of persons or the production of items, including, but not limited to, documents, videos, and audio recordings, that the chair or the chair's designee considers material or relevant to an investigation being conducted by the state board, within or outside of this state, pursuant to the state board's authority to revoke, suspend, refuse to issue, or renew a license or formally reprimand a licensed educator.

§ 49-5-416. Agricultural education programs on twelve-month basis.

(a) Any person employed in a public high school as an agriculture education teacher may be employed on a twelve-month contract, or as recommended by the local agricultural education craft advisory committee. These contracts shall be subject to approval by the local board of education.
(b) All high school agricultural education programs that were twelve-month programs for the 1992-1993 fiscal year, or any fiscal year thereafter, shall be maintained as twelve-month programs by the local board of education, so long as a quality agricultural education program, as determined by criteria established by the career and technical education division, agriculture education program, of the department of education, is maintained.

§ 49-5-417. Automatic revocation of licensure for certain criminal offenses.

(a) The state board of education shall automatically revoke the active license of a licensed educator without the right to a hearing upon:
1. (1) Receiving verification of the identity of the educator together with a certified copy of a criminal record showing that the educator has been convicted of:
  1. (A) Communicating a threat concerning a school employee, as described in § 39-13-114;
  2. (B) Statutory rape by an authority figure, as described in § 39-13-532;
  3. (C) Arson or aggravated arson, as described in §§ 39-14-301 and 39-14-302;
  4. (D) A burglary offense, as described in §§ 39-13-1001 — 39-13-1004;
  5. (E) Child abuse, child neglect, or child endangerment, as described in § 39-15-401;
  6. (F) Aggravated child abuse, aggravated child neglect, or aggravated child endangerment, as described in § 39-15-402;
  7. (G) Providing handguns to juveniles, as described in § 39-17-1320;
  8. (H) A sexual offense or a violent sexual offense as described in § 40-39-202;
  9. (I) A felony offense in title 39, chapter 13;
  10. (J) A felony offense in title 39, chapter 17, part 13; or
  11. (K) Any offense listed in § 39-17-417 or § 40-35-501(i)(2);
2. (2) Being identified by the department of children's services or a similar agency in another jurisdiction, after having exhausted or waived all due process rights available to the licensed educator, as having committed child abuse, severe child abuse, child sexual abuse, or child neglect;
3. (3) The educator's name being placed on the state's vulnerable person's registry, the state's sex offender registry, or similar registries in another jurisdiction; or
4. (4) Receiving verification of the identity of the educator together with a certified copy of a court order, settlement agreement, or plea agreement in a criminal, civil, or administrative action requiring the educator to surrender the educator's Tennessee license. Unless otherwise stated in the court order, settlement agreement, or plea agreement, the educator's license must be revoked for a period of no less than five (5) years after which the educator may apply for restoration of the educator's license in accordance with state law and state board rules.
2 Backlinks
- 49-5-106(e)
- 49-5-114(f)
(b) The state board shall send notice to educators whose licenses are subject to automatic revocation at least thirty (30) days prior to the board meeting at which the revocation shall occur.
(c)
1. (1) A director of schools, director of a public charter school, or director of a nonpublic school who learns of the conviction of a licensed educator employed by the LEA, charter school, or nonpublic school, respectively, for any offense listed in subsection (a) must report the conviction to the state board. The state board shall set the time frame within which the director shall report a conviction of a licensed educator. The state board may specify other offenses that a director is required to report upon learning of a conviction of a licensed educator for such offense.
2. (2) A director of schools, director of a public charter school, or director of a nonpublic school shall report to the state board licensed educators employed by the LEA, charter school, or nonpublic school, respectively, who have been suspended or dismissed, or who have resigned, following allegations of conduct, including sexual misconduct, which, if substantiated, would warrant consideration for license reprimand, suspension, or revocation under state board of education rule.
3. (3)
  1. (A) The state board shall develop forms to be used by directors of schools, directors of charter schools, and directors of nonpublic schools for reporting offenses and shall develop instructions and procedures for filling out and filing the forms. The state board shall provide the forms, instructions, and procedures to directors at least annually at the beginning of each school year. The state board may provide the forms, instructions, and procedures electronically.
  2. (B) The forms and instructions shall state when the directors have a duty to report under this subsection (c) and the time frame in which the required report is to be filed pursuant to state board rule.
4. (4) The state board may issue a public reprimand if a director, who does not hold an active educator license, fails to make a report as required by this section or by the state board. The state board shall send a copy of the reprimand to the director and to the local board of education, charter school governing body, or nonpublic school governing body, as applicable. If a director holds an active educator license, then the director's failure to make a report as required by this section or by the state board may subject the director to formal reprimand or suspension under state board rule. If the state board issues a formal reprimand or suspends a director's educator license for the director's failure to make a required report, then the state board shall send notice of the license action to the local board of education, charter school governing body, or nonpublic school governing body, as applicable.
5. (5) As used in this section, “sexual misconduct” means any sexually related behavior with a child or student, regardless of the age of the child or student, whether verbal, nonverbal, written, physical, or electronic that is designed to establish a sexual relationship with the child or student, including, but not limited to, behaviors such as:
  1. (A) Making sexual jokes, sexual remarks, or sexually suggestive comments;
  2. (B) Engaging in sexual kidding, sexual teasing, sexual innuendo, or sexualized dialog;
  3. (C) Dating or soliciting dates or sexual favors;
  4. (D) Engaging in inappropriate physical contact or touching, groping, grabbing, or kissing; or
  5. (E) Committing an offense under title 39, chapter 13, part 5, against a child or student.
  2 Backlinks
  - 49-5-106(f)
  - 49-5-114(g)
(d) The state board shall prohibit an individual whose educator license has expired from applying to reactivate the expired license if the state board receives verification of the identity of the individual who would qualify for automatic revocation under this section if the individual possessed an active educator license. The state board shall send notice to the individual at least thirty (30) days prior to the board meeting at which the vote to prohibit the individual from applying to reactivate the expired license will occur. The state board shall also send notice of an action taken pursuant to this subsection (d) to the national clearinghouse administered by the National Association of State Directors of Teacher Education and Certification (NASDTEC).

§ 49-5-418. Grant of release-time to professional employees to hold office as a representative of a local professional employees' organization.

(a) An LEA may grant release-time to a professional employee to hold office as a representative of a local professional employees' organization as defined in § 49-5-602. Release-time may be granted if the local board approves the request or if release-time is agreed to as part of a memorandum of understanding under the Professional Educators Collaborative Conferencing Act of 2011, compiled in part 6 of this chapter. Release-time may be granted for a portion of the year or for an entire year. If the release is granted for an entire year, the release-time shall be granted from a date certain to a date certain.
(b) If an LEA grants release-time, the professional employees' organization shall:
1. (1) Reimburse the LEA the full per diem salary of the professional employees' organization representative for each day of service the employee is released from duty, or the LEA shall deduct the day from the employee's accumulated personal leave, if the release is granted for less than the entire school year; or
2. (2) Reimburse the LEA the full cost of the employee's salary and benefits, if the release is granted for an entire school year.
(c) If release-time is granted to a professional employee for more than ninety (90) days, the LEA shall maintain the employee's position without advancement on the salary scale.
(d) An LEA may allow a teacher representative of a professional employees' organization whose presence has been requested by another teacher participating in a grievance procedural meeting or a disciplinary or employment rights meeting to attend the meeting. The teacher representative's attendance shall be considered as engaging in school duties.
(e) This section does not apply if an agreement is made between a professional employees' organization and the LEA granting release-time of less than one (1) full day per week to perform organizational duties.

§ 49-5-419. Assessment of costs.

(a) When a final order is issued following a contested case hearing in which a teacher or administrator is issued a formal reprimand or the teacher's or administrator's license is denied, nonrenewed, suspended, or revoked based on the teacher's or administrator's misconduct, the state board of education may assess costs directly related to the hearing against the teacher or administrator.
(b) The state board must determine the appropriate amount of any costs to be assessed against a teacher or administrator pursuant to this section, and any costs assessed must be reasonable.
(c) The state board shall promulgate rules to govern the assessment of costs against a teacher or administrator under this section pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 2.

Part 5 Teachers' Tenure

§ 49-5-501. Part definitions.

As used in this part, unless the context otherwise requires:
1. (1) “Abolition of position” means a regular bona fide elimination of a position for sufficient, just and nondiscriminatory reasons;
2. (2) “Board” means the local board of education holding jurisdiction in its respective territory. In the event that a school system operates without a board of education, the authority that performs the functions usually performed by a board shall be indicated by the word “board”;
3. (3) “Conduct unbecoming to a member of the teaching profession” may consist of, but not be limited to, one (1) or more of the following:
  1. (A) Immorality;
  2. (B) Conviction of a felony or a crime involving moral turpitude;
  3. (C) Dishonesty, unreliability, continued willful failure or refusal to pay one's just and honest debts;
  4. (D) Disregard of the teacher code of ethics in part 10 of this chapter, in such manner as to make one obnoxious as a member of the profession; or
  5. (E) Improper use of narcotics or intoxicants;
4. (4) “Director of schools” refers to the local director of schools, or to any other officer performing the functions of a director of schools;
5. (5) “Incompetence” means being incapable, lacking adequate power, capacity or ability to carry out the duties and responsibilities of the position. This may apply to physical, mental, educational, emotional or other personal conditions. It may include lack of training or experience, evident unfitness for service, a physical, mental or emotional condition making the teacher unfit to instruct or associate with children or the inability to command respect from subordinates or to secure cooperation of those with whom the teacher must work;
6. (6) “Inefficiency” means being below the standards of efficiency maintained by others currently employed by the board for similar work, or habitually tardy, inaccurate or wanting in effective performance of duties. The definition of inefficiency includes, but is not limited to, having evaluations demonstrating an overall performance effectiveness level that is “below expectations” or “significantly below expectations” as provided in the evaluation guidelines adopted by the state board of education pursuant to § 49-1-302;
7. (7) “Insubordination” may consist of:
  1. (A) Refusal or continued failure to obey the school laws of this state, to comply with the rules and regulations of the board or to carry out specific assignments made by the board, the director of schools or the principal, each acting within its own jurisdiction, when the rules, regulations and assignments are reasonable and not discriminatory;
  2. (B) Failure to participate in an in-service training program as set up by the local board of education and approved by the state board of education;
  3. (C) Treason, or any effort to sabotage or overthrow the government of the United States; or
  4. (D) Refusal by the teacher to disclose to the board whether or not the teacher is, or has been, a member of the communist or any other party that advocates the overthrow of the government;
8. (8) “Neglect of duty” means gross or repeated failure to perform duties and responsibilities that reasonably can be expected of one in such capacity or continued unexcused or unnecessary absence from duty;
9. (9) “Probation” is a condition and period of trial during which a teacher is under observation to determine the teacher's fitness for tenure status;
10. (10) “Teacher” includes teachers, supervisors, principals, director of schools and all other certificated personnel employed by any local board of education, for service in public, elementary and secondary schools in this state, supported in whole or in part by state or federal funds;
11. (11)
  1. (A) “Tenure” is the employment status other than probation that a teacher may be under while teaching in the public schools;
  2. (B)
    1. (i) A teacher has no property right in the teacher's tenure status and must sustain a specified performance effectiveness level on evaluations, as provided in this part, to achieve and maintain tenure status. If a teacher acquires tenure, the teacher shall remain under that status until such time as the teacher resigns, retires, is dismissed or the teacher is returned to probationary status by the director of schools under this part;
    2. (ii) No teacher who acquired tenure status prior to July 1, 2011, shall be returned to probationary status;
  3. (C) No teacher, including administrative and supervisory personnel, who has acquired tenure status is entitled to any specific position; and
12. (12) “Transfer” means removal from one (1) position to another position under jurisdiction of the same board.

4 Backlinks

§ 49-5-502. Construction with other statutes.

(a) The teachers' continuing contract law, compiled in § 49-5-409, shall not be construed to be affected by this part, except that the continuing contract law shall not apply to teachers who have acquired tenure under this part.
(b)
1. (1) This part shall not affect the operation of local or private tenure acts in operation on March 1, 1951, applying to counties, municipalities or special school districts.
2. (2) This part shall not be operative in any such county, municipality or special school district so long as the local or private act remains in effect.
3. (3) This part shall become operative in any system where there is, on March 1, 1951, a local tenure law in effect, if and when the local law becomes inoperative.

§ 49-5-503. Tenure.

Any teacher who meets all of the following requirements is eligible for “tenure”:
1. (1) Has a degree from an approved four-year college or any career and technical teacher who has the equivalent amount of training established and licensed by the state board of education;
2. (2) Holds a valid teacher license, issued by the state board of education, based on training covering the subjects or grades taught;
3. (3) Has completed a probationary period of five (5) school years or not less than forty-five (45) months within the last seven-year period, the last two (2) years being employed in a regular teaching position rather than an interim teaching position;
4. (4) Has received evaluations demonstrating a level of overall effectiveness of “above expectations” or “significantly above expectations” as provided in the evaluation guidelines and rules adopted by the state board of education pursuant to § 49-1-302, during the last two (2) years of the probationary period; provided, however, that a teacher who has met all other requirements for tenure eligibility but has not acquired an official evaluation score during the last one (1) or two (2) years of the probationary period due to an approved extended leave; transfer to another school or position within the school district; unavailable data due to the cancellation of Tennessee comprehensive assessment program (TCAP) tests as a result of the COVID-19 pandemic; or invalidated data due to a successful local level evaluation grievance pursuant to § 49-1-302(d)(2)(A) may utilize the most recent two (2) years of available evaluation scores achieved during the probationary period to meet this subdivision (4); and
5. (5) Is reemployed by the director of schools for service after the probationary period.

1 Backlink

49-5-508(b)

§ 49-5-504. Probation.

(a) Any teacher, otherwise qualified for tenure status, shall meet the following requirements prior to becoming eligible for tenure status:
1. (1) Served five (5) school years or not less than forty-five (45) months within a seven-year period as a probationary teacher; and
2. (2) Received evaluations demonstrating an overall performance effectiveness level of “above expectations” or “significantly above expectations” provided by the evaluation guidelines adopted by the state board of education pursuant to § 49-1-302, during the last two (2) years of their probationary period; provided, however, that a teacher who has met all other requirements for tenure eligibility but has not acquired an official evaluation score during the last one (1) or two (2) years of the probationary period due to an approved extended leave; transfer to another school or position within the school district; or invalidated data due to a successful local level evaluation grievance pursuant to § 49-1-302(d)(2)(A) may utilize the most recent two (2) years of available evaluation scores achieved during the probationary period to meet this subdivision (a)(2).
(b) Notwithstanding any other law to the contrary, once a teacher is eligible for tenure, the teacher shall be either recommended by the director of schools for tenure or nonrenewed; provided, however, that the teacher cannot be continued in employment if tenure is not granted by the board of education.
(c) Time spent on leave of absence, except sick leave as provided in § 49-5-710, shall not be counted as a part of the probationary period.
(d) A teacher who has attained tenure status in a school system and later resigns from the system shall serve a two-year probationary period upon reemployment by the system, unless the probationary period is waived by the board of education upon request of the director of schools. Upon completion of the two-year probationary period, the teacher shall be eligible for tenure and shall be either recommended by the director of schools for tenure or nonrenewed; provided, however, that the teacher cannot be continued in employment if tenure is not granted by the board of education.
(e) Any teacher who, after acquiring tenure status, receives two (2) consecutive years of evaluations demonstrating an overall performance effectiveness level of “below expectations” or “significantly below expectations,” as provided by the evaluation guidelines adopted by the state board of education pursuant to § 49-1-302, shall be returned to probationary status by the director of schools until the teacher has received two (2) consecutive years of evaluations demonstrating an overall performance effectiveness level of “above expectations” or “significantly above expectations.” When a teacher who has returned to probationary status has received two (2) consecutive years of evaluations demonstrating an overall performance effectiveness level of “above expectations” or “significantly above expectations,” the teacher is again eligible for tenure and shall be either recommended by the director of schools for tenure or nonrenewed; provided, however, that the teacher cannot be continued in employment if tenure is not granted by the board of education.
(f) Subsection (e) does not apply to teachers who acquired tenure prior to July 1, 2011.

2 Backlinks

§ 49-5-505. [Reserved]

§ 49-5-506. Local standards may apply.

The local board of education has the authority to set standards of employment or to maintain educational requirements of the personnel in service over and above those required by the state board of education whenever the board is in position to support the superior program; provided, that the requirements are general in their application.

§ 49-5-507. [Reserved]

§ 49-5-508. Breach of contract — Effect on tenure.

(a) A teacher shall give the director of schools notice of resignation at least thirty (30) days in advance of the effective date of the resignation. A teacher who fails to give such notice, in the absence of justifiable mitigating circumstances, shall forfeit all tenure status under this part; provided, that the board may waive the thirty (30) days' notice requirement and permit a teacher to resign in good standing.
(b) Any teacher who breaks a contract with a board of education without a justifiable reason as listed in subsection (c) shall not be given permanent tenure status in any other school system in this state, until such teacher has met all of the requirements in such system for attaining permanent status plus the serving of five (5) continuous years in lieu of the three (3) continuous years required in § 49-5-503; provided, that the local board of education against which the teacher has broken a contract informs the commissioner of education of the breach of contract and requests the commissioner to so notify all local boards of education in this state. The local board of education may later inform the commissioner that it is no longer holding the breach of contract against the teacher, in which event the local board of education shall request the commissioner to so notify all local boards of education in this state. If and when the local board of education informs the commissioner that it is no longer holding the breach of contract against the teacher, the penalty in this subsection (b) against the teacher shall immediately become ineffective, null and void.
(c) The conditions under which it is permissible to break a contract with a local board of education are as follows:
1. (1) The incapacity on the part of the teacher to perform the contract as evidenced by the certified statement of a physician approved by the local board of education;
2. (2) The drafting of the teacher into military service by a selective service board; or
3. (3) The release by the local board of education of the teacher from the contract that the teacher has entered into with the local board of education.

1 Backlink

49-5-710(a)(5)

§ 49-5-509. Teacher transferred to another system.

(a) If a teacher transfers from one LEA in this state to another LEA, the LEA from which the teacher transfers shall send to the LEA to which the teacher transfers the results of the teacher's last five (5) evaluations or the results of all evaluations, if fewer than five (5) are available.
(b) A transferring teacher who is tenured or a transferring teacher who is nontenured and has five (5) or more years of prior service shall serve the regular probationary period in the new LEA, unless the local board of education, upon the recommendation of the director of schools, waives the probationary period requirement and grants tenure status or shortens the probationary period.
(c) If a nontenured teacher who does not have five (5) years of prior service transfers to an LEA, then tenure shall not be granted until the teacher has served at least five (5) years when service in both LEAs is counted.
(d) All tenure decisions made under this section are subject to the requirements of § 49-5-504 concerning overall performance effectiveness levels.

§ 49-5-510. Transfers within system.

The director of schools, when necessary to the efficient operation of the school system, may transfer a teacher from one location to another within the school system, or from one type of work to another for which the teacher is qualified and licensed; provided, that transfers shall be acted upon in accordance with board policy.

1 Backlink

49-2-303(a)(1)

§ 49-5-511. Dismissal or suspension of teachers — Causes for dismissal — Position reduction — Written notice — Preferred list for employment — Convictions — License revocation.

(a)
1. (1) No teacher shall be dismissed or suspended except as provided in this part.
2. (2) The causes for which a teacher may be dismissed or suspended are: incompetence, inefficiency, neglect of duty, unprofessional conduct, and insubordination, as defined in § 49-5-501.
3. (3) A director of schools may suspend a teacher at any time that may seem necessary, pending investigation or final disposition of a case before the board or an appeal. If the matter under investigation is not the subject of an ongoing criminal investigation or a department of children's services investigation, and if no charges have been made pursuant to subdivision (a)(4), a suspension pending investigation shall not exceed ninety (90) days in duration. If vindicated or reinstated, the teacher shall be paid the full salary for the period during which the teacher was suspended.
4. (4) When charges are made to the board of education against a teacher, charging the teacher with offenses that would justify dismissal of the teacher under the terms of this part, the charges shall be made in writing, specifically stating the offenses that are charged, and shall be signed by the party or parties making the charges.
5. (5) If, in the opinion of the board, charges are of such a nature as to warrant the dismissal of the teacher, the director of schools shall give the teacher a written notice of this decision, together with a copy of the charges and a copy of a form, which shall be provided by the commissioner of education, advising the teacher as to the teacher's legal duties, rights, and recourse under the terms of this part.
(b)
1. (1) When it becomes necessary to reduce the number of teaching positions or nonlicensed positions in the system because of a decrease in enrollment or for other good reasons, the board shall be empowered to dismiss such teachers or nonlicensed employees based on their level of effectiveness determined by the evaluation pursuant to § 49-1-302 for licensed employees and an evaluation of work performance for nonlicensed employees.
2. (2) The board shall give the teacher or nonlicensed employee written notice of dismissal explaining fully the circumstances or conditions making the dismissal necessary.
3. (3) A teacher rated in the three (3) highest categories based on evaluations pursuant to § 49-1-302 who has been dismissed because of abolition of a position shall be placed on a list for reemployment. Nothing in this subsection (b) shall be construed to deprive the director of schools of the power to determine the filling of such vacancy on the basis of the director of schools' evaluation of the teacher's competence, compatibility, and suitability to properly discharge the duties required for the vacant position considered in the light of the best interest of the students in the school where the vacancy exists. A principal may refuse to accept the placement or transfer of a teacher by the director of schools to the principal's school. The teacher's most recent evaluations shall be a factor in such determination.
4. (4) The right to remain on the preferred list for employment shall remain in effect until:
  1. (A) The teacher accepts a bona fide offer of reemployment for a comparable position within the LEA; or
  2. (B) The teacher rejects four (4) bona fide offers of reemployment for comparable positions within the LEA.
(c)
1. (1) Notwithstanding subsection (a), but subject to the appeal and review provisions of §§ 49-5-512 and 49-5-513, any teacher convicted of a felony listed in § 40-35-501(i)(2) or convicted of an offense listed in § 39-17-417 shall be immediately suspended, and dismissed subject to subdivision (c)(2).
2. (2) If the dismissal of the teacher is upheld in the board and court reviews provided for in §§ 49-5-512 and 49-5-513, the director shall notify in writing the commissioner of education who shall begin licensure revocation proceedings under applicable rules of the state board of education.

3 Backlinks

§ 49-5-512. Dismissal or suspension — Hearing — Appeal.

(a) A tenured teacher who receives notification of charges pursuant to § 49-5-511 may, within thirty (30) days after receipt of the notice, demand a full and complete hearing on the charges before an impartial hearing officer selected by the board, as follows:
1. (1) The teacher shall give written notice to the director of schools of the teacher's request for a hearing;
2. (2) The director of schools shall, within five (5) days after receipt of the request, name an impartial hearing officer who shall be responsible for notifying the parties of the hearing officer's assignment. The hearing officer shall direct the parties or the attorneys for the parties, or both, to appear before the hearing officer for simplification of issues and the scheduling of the hearing, which in no event shall be set later than thirty (30) days following receipt of notice demanding a hearing. In the discretion of the hearing officer, all or part of any prehearing conference may be conducted by telephone if each participant has an opportunity to participate, to be heard and to address proof and evidentiary concerns. The hearing officer is empowered to issue appropriate orders and to regulate the conduct of the proceedings;
3. (3) For the purposes of this part, “impartial” means that the selected hearing officer shall have no history of employment with the board or director of schools, no relationship with any board member and no relationship with the teacher or representatives of the teacher;
4. (4) All parties shall have the right to be represented by counsel, the opportunity to call and subpoena witnesses, the opportunity to examine all witnesses, the right to require that all testimony be given under oath and the right to have evidence deemed relevant by the submitting party included in the record of the hearing, even if objected to by the opposing party;
5. (5) All witnesses shall be entitled to the witness fees and mileage provided by law, which fees and mileage shall be paid by the party issuing a subpoena or calling the witnesses to testify;
6. (6) The impartial hearing officer shall administer oaths to witnesses, who testify under oath;
7. (7) A record of the hearing, either by transcript, recording or as is otherwise agreed by the parties shall be prepared if the decision of the hearing officer is appealed, and all decisions of the hearing officer shall be reduced to writing and included in the record, together with all evidence otherwise submitted;
8. (8) On request of either party to the hearing, witnesses may be barred from the hearing except as they are called to testify. The hearing may be private at the request of the teacher or in the discretion of the hearing officer; and
9. (9) At appropriate stages of the hearing, the hearing officer may give the parties the full opportunity to file briefs, proposed findings of fact and conclusions of law and proposed initial or final orders. The hearing officer shall, within ten (10) days of closing the hearing, decide what disposition to make of the case and shall immediately thereafter give the board and the teacher written findings of fact, conclusions of law and a concise and explicit statement of the outcome of the decision.
(b) The director of schools or other school officials shall not be held liable, personally or officially, when performing their duties in prosecuting charges against any teacher or teachers under this part.
(c)
1. (1) If the affected teacher desires to appeal from a decision rendered in whole or in part in favor of the school system, the teacher shall first exhaust the administrative remedy of appealing the decision to the board of education within ten (10) working days of the hearing officer's delivery of the written findings of fact, conclusions and decision to the affected employee.
2. (2) Upon written notice of appeal, the director of schools shall prepare a copy of the proceedings, transcript, documentary and other evidence presented and transmit the copy to the board within twenty (20) working days of receipt of notice of appeal.
3. (3) The board shall hear the appeal on the record and no new evidence shall be introduced. The affected employee may appear in person or by counsel and argue why the decision should be modified or reversed. The board may sustain the decision, send the record back if additional evidence is necessary, revise the penalty or reverse the decision. Before any findings and decision are sustained or punishment inflicted, a majority of the membership of the board shall concur in sustaining the charges and decision. The board shall render its decision on the appeal within ten (10) working days after the conclusion of the hearing.
  1 Backlink
  - 49-5-513(a)
4. (4) Any party dissatisfied with the decision rendered by the board shall have the right to appeal to the chancery court in the county where the school system is located within thirty (30) days after receipt of the dated notice of the decision of the board. It shall be the duty of the board to cause the entire record and other evidence in the case to be transmitted to the court. The review of the court shall be de novo on the record of the hearing held by the hearing officer and reviewed by the board.
5. (5) The director of schools shall also have the right to appeal any adverse ruling by the hearing officer to the board under the same conditions as set out in this subsection (c).
(d) Subsections (a) and (c) shall not apply to a disciplinary suspension of a teacher by the director of schools that is for a period of three (3) days or less and that is not made in anticipation of dismissal. For such suspensions of three (3) days or less, the following shall apply:
1. (1) The director of schools shall provide written notice of suspension and the reasons for the suspension to the teacher, along with an explanation of the evidence supporting the decision to suspend and copies of any documents relied upon by the director in reaching that decision;
2. (2) Upon request made in writing within five (5) days from the date of the suspension letter or the date it was received, whichever is later, the director shall provide a conference with the director at which the teacher may offer rebuttal to the charges or any information the teacher wishes the director to consider. Both the LEA and the teacher may be represented by an attorney or other representative;
3. (3) The meeting shall be recorded by the director of schools, and a copy shall be provided to the teacher upon request;
4. (4) The director shall issue a written decision within ten (10) days from the date of the conference. The director may not impose any additional punishment beyond that described in the notice of suspension; and
  1 Backlink
  - 49-5-513(a)
5. (5) The teacher, if dissatisfied with the decision of the director, may pursue appeal of the director's decision pursuant to § 49-5-513.

3 Backlinks

§ 49-5-513. Judicial review.

(a) A tenured teacher who is dismissed or suspended by action of the board pursuant to § 49-5-512(c)(3), or suspended by action of the director pursuant to § 49-5-512(d)(4), may petition for a writ of certiorari from the chancery court of the county where the teacher is employed.
(b) The petition shall be filed within thirty (30) days from the receipt by the teacher of notice of the decision of the board. The petition shall state briefly the issues involved in the cause, the substance of the order of the board, or the respects in which the petitioner claims the order of the board is erroneous, and praying for an accordant review. The petition shall be addressed to the presiding chancellor and shall name as defendants the members of the board and such other parties of record, if such, as were involved in the hearing before the board.
(c) The petitioner shall give bond for costs as in other chancery suits or oaths of paupers in lieu.
(d) Upon the filing of the petition, the clerk and master shall immediately send, by registered return receipt mail, to the chair of the board, a notice of the filing of the petition and a certified copy of the petition. The clerk shall also send a similar notice to the last known post office address of each other party named as defendant. In lieu of notice by registered mail, subpoena to answer may be served personally on each defendant, as in other chancery cases.
(e) The filing of the petition shall suspend the order of the board pending a decision by the chancellor, but the teacher shall not be permitted to return to teaching pending final disposition of the appeal.
(f) All defendants named in the petition desiring to make defense shall do so by answer, in which grounds of demurrer shall be incorporated, to the petition within thirty (30) days from the date of the filing of the petition, unless the time be extended by the court. Any other person who may be affected by the decision to be made by the court may, upon proper leave given, intervene and file an answer in the cause. Amendments may be granted as in other chancery procedures.
(g) The cause shall stand for trial and shall be heard and determined at the earliest practical date, as one having precedence over other litigation, except suits involving state, county or municipal revenue. The review of the court shall be limited to the written record of the hearing before the board and any evidence or exhibits submitted at the hearing. Additional evidence or testimony shall not be admitted except as to establish arbitrary or capricious action or violation of statutory or constitutional rights by the board.
(h) The chancellor shall reduce the chancellor's findings of fact and conclusions of law to writing and make them parts of the record.
(i) Any party dissatisfied with the decree of the court may appeal as provided by the Tennessee rules of appellate procedure, where the cause shall be heard on the transcript of the record from the chancery court.

4 Backlinks

§ 49-5-514. Merger of local with state tenure system.

(a)
1. (1) Should it be desired to incorporate any local teacher tenure system into the state system, the board having jurisdiction over the teachers under the local system shall publish in some newspaper of general circulation in the town or county in which the local tenure system is located a notice of its intent to apply for admission to the state teacher tenure system, and, in the notice, shall fix the date for a hearing thereon, which date shall not be less than ten (10) days after the first publication of the notice.
2. (2) Upon the day fixed by the notice for the hearing, which hearing may be adjourned from time to time if deemed necessary, the board shall hear interested parties who shall have the right to appear in person or by counsel upon the advisability of the entry or merger into the state system.
3. (3) After the local board of education concludes its hearing, the board shall conduct a referendum of the teachers within the local teacher tenure system, and if a majority of the teachers vote in favor of merging with the state system, then the board shall request the merger and shall forward a certified copy of the result of the referendum to the commissioner of education for consideration.
4. (4) If the commissioner approves the merger, then the commissioner shall give proper notice of the merger and, at the end of ten (10) days from the giving of the public notice of acceptance, the local tenure system shall be merged with and become a part of the state teacher tenure system, and the members of the local tenure system shall thereupon be entitled to all the benefits of the state tenure system to the same extent as though they had been members of the state tenure system from its inception.
(b) As used in this section:
1. (1) “Board” means any county board of education in a county operating under a local teacher tenure act or any municipal board of education in a city operating under such act; and
2. (2) “Local teacher tenure systems” means any teacher tenure system applicable only to a county or to a city or town and authorized by special act of the general assembly.

§ 49-5-515. Establishment of system for teachers not previously covered.

(a) The state board of education is authorized and directed to establish a system of tenure for teachers in schools and institutions under its jurisdiction.
(b) The board shall promulgate and publish reasonable rules and regulations for the establishment of a tenure system for such teachers, and has the power to promulgate and publish the rules and regulations as are deemed reasonably necessary for the establishment of the tenure system, which shall include, but not be limited to, standards and requirements concerning:
1. (1) The minimum qualifications of teachers eligible for tenure;
2. (2) The types of tenure;
3. (3) Leaves of absence;
4. (4) Time of termination of tenure;
5. (5) Transfers within the system;
6. (6) Credit for time served in other school systems within the state;
7. (7) Grounds and procedures concerning suspensions and dismissals;
8. (8) Investigations;
9. (9) Suspensions pending investigations; and
10. (10) Other subjects deemed by the board to be reasonably related to teacher's tenure.
(c) The rules and regulations shall be adopted by a formal resolution by a majority of the membership, and the resolution shall be signed by a majority of the members of the state board of education as certified by the chair and attested by the executive secretary of the board, and otherwise they shall be approved and filed in the manner required by the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(d) After giving written notice of charges against any teacher, the board shall hold a hearing in the same manner and shall have the same powers as provided in § 49-5-512; provided, that where § 49-5-512 refers to the director of schools, for the purpose of this part, reference shall be made to the chair of the state board of education.
(e) A teacher shall be entitled to a judicial review of the action of the board for the same purposes and in the same manner provided by § 49-5-513.
(f) As used in this section, “teacher” means any person employed by the state board of education in a full-time position as an administrative officer or teacher in a school or other educational institution except a college or university; provided, that “teacher,” does not apply to the principal or chief administrative officer of the school or institution.
(g) No teacher under this section shall be guaranteed continuity of employment in a particular assignment or position.

Part 6 Professional Educators Collaborative Conferencing Act of 2011

§ 49-5-601. Short title — Statement of purpose.

(a) This part shall be known and may be cited as the “Professional Educators Collaborative Conferencing Act of 2011.”
(b)
1. (1) Local boards of education and their professional employees have an obligation to the public to exert their full and continuing efforts to achieve the highest possible education standards in the institutions that they serve. This requires establishment and maintenance of an educational climate and working environment that will attract and retain a highly qualified professional staff and foster open, collaborative relationships between boards of education and their professional employees based upon mutual respect, in order to stimulate optimum performance by the staff and encourage each and every professional employee to contribute the employee's best to the enhancement of public schools. In order to best achieve these ends, it is the purpose of this part to set forth and recognize the legitimate rights and obligations of boards of education and their professional employees, to establish procedures governing their respective roles and the important relationships between them, and to promote a professional climate based upon mutual interest in order to focus efforts on teaching and learning for all students of the public schools.
2. (2) Experience has shown that boards of education and their professional employees can best reach the objectives described in subdivision (b)(1), if each considers the ability, experience and judgment of the other in formulating policies and making decisions that involve the operations of this state's public schools through a collaborative effort of mutual interest and mutual gain. It also has been shown that professional employees can perform at their best when goals and expectations as to the terms and conditions of professional service are set forth with clarity, reliability and fairness to all in a manner demonstrating concern and respect for the interests of the individual employee.
3. (3) It is the purpose and policy of this part to recognize the interests of individual employees in their relations with boards of education and to recognize certain rights, but not obligations, of professional employees to form, join and assist professional employees' organizations, such rights and responsibilities to include meeting, consulting and conferencing with boards of education in order to discuss matters relating to specific terms and conditions of professional service. Furthermore, in order to foster trust and mutual respect among the parties, and to provide an open and collaborative problem-solving approach to such conferencing, it is the purpose and policy of this part to recognize and adopt the principles and techniques known as interest-based collaborative problem-solving for use in conferences conducted pursuant to this part.
(c) A training program in the principles and techniques of interest-based collaborative problem-solving for use in collaborative conferencing pursuant to this part shall be developed by the Tennessee Organization of School Superintendents in conjunction with representative organizations of school leaders and administrators and professional employees' organizations by January 1, 2012, at which time a summary report of the training program and related materials, if any, shall be presented to the education committees of the senate and the house of representatives. Such training program shall be implemented, as appropriate, within each local education agency no later than July 1, 2012.
(d) Any and all bargaining being conducted pursuant to the [former] Education Professional Negotiations Act on June 1, 2011, shall be suspended indefinitely.
(e) No collaborative conferencing pursuant to this part shall be conducted by a local board of education until the training developed under this part has been implemented within the local education agency.

§ 49-5-602. Part definitions.

As used in this part, unless the context otherwise requires:
1. (1) “Board of education” or “local board of education” has the same meaning as the term is defined in § 49-1-103;
2. (2) “Collaborative conferencing” means the process by which the chair of a board of education and the board's professional employees, or such representatives as either party or parties may designate, meet at reasonable times to confer, consult and discuss and to exchange information, opinions and proposals on matters relating to the terms and conditions of professional employee service, using the principles and techniques of interest-based collaborative problem-solving;
3. (3) “Management personnel” means those professional employees certified by the local board of education to represent the board in the collaborative conferencing process;
4. (4) “Management team” means employees who devote a majority of their time to the system-wide area or areas of professional personnel management, fiscal affairs or general management and shall specifically include principals, assistant principals, supervisors and others whose principal responsibilities are administration rather than teaching;
5. (5) “Memorandum of understanding” means the written document that memorializes and records the understanding reached by the board of education and its professional employees, or their respective representatives, if so designated, as to the terms and conditions of professional services set forth in this part. The memorandum shall be presented in its entirety to the board of education, to all professional employees covered by the memorandum and to the public, upon request;
6. (6) “Person” means one (1) or more individuals, organizations, associations, or their representatives;
7. (7) “Political activity” includes, but is not limited to:
  1. (A) Lobbying as defined in § 3-6-301;
  2. (B) Making contributions to any entity which engages in any form of political communication, including communications which mention the name of a political candidate;
  3. (C) Engaging in or paying for public opinion polling;
  4. (D) Engaging in or paying for any form of political communication, including communications which mention the name of a political candidate;
  5. (E) Engaging in or paying for any type of political advertising in any medium;
  6. (F) Telephone communication for any political purpose;
  7. (G) Distributing political literature of any type; or
  8. (H) Providing any type of in-kind help or support to or for a political candidate;
8. (8) “Professional employee” means any person employed by any local board of education in a position that requires a license issued by the department of education for service in public elementary and secondary schools of this state, supported, in whole or in part, by local, state or federal funds, but shall not include any member of the management team, as defined in this part, or a retired teacher who is employed as a teacher in accordance with title 8, chapter 36, part 8;
9. (9) “Professional employees' organization” means any organization with membership open to professional employees, as defined in subdivision (8), in which the professional employees participate and that exists for the purpose of promoting the professional status and growth of educators and the welfare of students;
10. (10) “Representative” includes any person, or group of persons, organization or association that is designated and authorized by professional employees or local board of education to act for the professional employees or the local board, respectively, under this part;
11. (11) “Strike” means the failure with others to report for duty, the willful absence from one's position, the stoppage of work or the abstinence in whole or in part from the full, faithful and proper performance of the duties of employment, and without the lawful approval of one's superior; or in any manner interfering with the operation of the public school system, for the purpose of inducing or coercing the recognition of any employee organization or a change in the conditions or compensation or the rights, privileges or obligations of employment;
12. (12) “Supervisor” means any professional employee of a local board of education whose full-time job responsibilities consist of oversight of other professional employees or curriculum development or both; and
13. (13) “Working conditions of professional employees” or “terms and conditions of professional service” means those fundamental matters that affect a professional employee financially or the employee's employment relationship with the board of education and that are specifically designated as such under this part. The term “working conditions” or “terms and conditions of professional service” is intended to be narrowly defined and does not include any matters not specifically designated under this part.

2 Backlinks

§ 49-5-603. Rights of professional employees.

Professional employees have the right to self-organization, to form, join or be assisted by organizations, to participate in collaborative conferencing with local boards of education through representatives of their own choosing and to engage in other concerted activities for the purpose of other mutual aid and benefit; provided, that professional employees also have the right to refrain from any or all such activities.

1 Backlink

49-5-606(a)(2)

§ 49-5-604. Rights preserved.

(a) Those rights and responsibilities of boards of education, directors of schools and professional employees as contained in this title are not statutorily modified or repealed by this part.
(b) This part shall not operate so as to annul or modify any recognition heretofore entered into between a board of education and a professional employees' organization until the termination of an existing agreement between a local board of education and a professional employees' organization. Upon the termination of any existing agreement, subsequent professional employee relationships between the respective board of education and its professional employees shall be governed by this part.

§ 49-5-605. Representatives.

(a) Experience has shown that efforts to confer, consult, discuss, and to exchange information, opinions, and proposals on terms and conditions of professional service are most efficient and effective when conducted by participants who are selected and authorized to represent individual professional employees or groups of employees. It is the policy and purpose of this part to ensure the rights of professional employees to participate in collaborative conferencing with boards of education through representatives of their own choosing. No professional employee, group of professional employees, or professional employee organization shall be denied the opportunity to represent themselves or groups of professional employees in discussions authorized under this part.
(b)
1. (1) Upon the submission by fifteen percent (15%) or more of the professional employees in an LEA of a written request to conduct collaborative conferencing with a board of education between October 1 and November 1 of any year, the board of education shall appoint an equal number of its professional employees and board members to serve on a special question committee for the purpose of conducting a confidential poll of all eligible professional employees as provided in subdivision (b)(2).
2. (2)
  1. (A) The confidential poll shall be by secret ballot and shall require the employee to respond to two (2) questions. The first question shall request the employee to respond “YES” or “NO” to the question:
    1. Shall the professional employees of this LEA undertake collaborative conferencing with the board of education?
  2. (B) If the employee responds “YES” to the first question, then the second question shall request that the employee indicate which organization the employee prefers to represent the employee in collaborative conferencing by checking the box related to one (1) of the professional employees' organizations having a presence in the LEA. The second question shall also include a box for the response of “unaffiliated”, if an employee does not have a preference as to a professional employees' organization. If the employee responds “NO” to the first question, then the second question shall request the employee to express a preference for one (1) of the professional employees' organizations. The second question shall also provide for a response of “unaffiliated”, if an employee does not have a preference of a professional employees' organization, or a response of “none of the above”, if the employee does not want to be represented in collaborative conferencing, if such conferencing should occur.
3. (3) No board of education shall have a duty or obligation to engage in collaborative conferencing with its professional employees pursuant to this part unless a majority of those eligible to vote in the poll under subdivision (b)(2) respond “YES” to the first question.
4. (4) Upon receiving the results of the poll in which the majority of those eligible to vote respond “YES” to the first question, the board of education shall appoint at least seven (7), but no more than eleven (11) persons, to serve as management personnel. The professional employees shall be entitled to the same number of representatives as the number of management personnel selected by the board of education. The professional employee representatives shall be selected according to each organization's proportional share of the responses to the second question; provided, however, that only those professional employees' organizations receiving fifteen percent (15%) or more of the responses to the second question shall be entitled to representation. The category of “unaffiliated” as a response to the second question, but not the category of “none of the above”, shall be considered a professional employees' organization for the purposes of this subdivision (b)(4).
5. (5) If fifteen percent (15%) or more of the professional employees polled indicate a preference for an unaffiliated representative, then the special question committee shall select and appoint a person or persons to serve as an unaffiliated representative or representatives according to the proportional share of responses to the second question in the category “unaffiliated”.
6. (6)
  1. (A) The term of the members of the panel constituted as the result of a poll in which the majority of those eligible to vote respond “YES” to the first question shall be three (3) years. If a vacancy occurs on the panel, then the appointing body which appointed the member to the position that became vacant shall appoint a replacement for the remainder of the term. Prior to expiration of the terms of the members of the panel, a new poll shall be conducted under this subsection (b) to determine whether the professional employees want to continue to engage in collaborative conferencing.
  2. (B) Notwithstanding subdivision (b)(6)(A) to the contrary, a memorandum of understanding may provide for polls after a poll in which the majority of those eligible to vote responded “YES” to the first question to occur more frequently than once every three (3) years. The term of the members selected for the panel after such poll shall be the length of time specified by the memorandum of understanding between two (2) polls.
(c) Each professional employees' organization receiving fifteen percent (15%) or more of the responses shall select and appoint the appropriate number of persons to serve as representatives of the professional employees preferring that organization. The board of education shall select and appoint its representatives. Representatives shall be appointed no later than December 1.
(d) If a majority vote to conduct collaborative conferencing is not secured, then during any subsequent year, the professional employees may again seek to engage in collaborative conferencing pursuant to subsection (b).
(e) The results of the confidential poll and the names and positions of the appointed representatives shall be transmitted to the board, professional employees and professional employee organizations prior to January 1 next.
(f) Those persons or organizations initiating the poll shall be assessed the reasonable costs necessitated in conducting the poll by the chair of the special question committee.

§ 49-5-606. Unlawful acts.

(a) It is unlawful for a board of education or its management personnel to:
1. (1) Impose or threaten to impose reprisals on professional employees or discriminate against professional employees by reason of their exercise of rights guaranteed by this part;
2. (2) Interfere with, restrain or coerce employees in the exercise of the rights guaranteed in § 49-5-603;
3. (3) Refuse or fail to participate in collaborative conferencing under this part;
4. (4) Refuse to permit any professional employees' organization to have access at reasonable times before or after the instructional day to areas in which professional employees work, to use institutional bulletin boards, mail boxes or other communication media or to use institutional facilities as permitted by a local board's policy or procedure for community use at reasonable times for the purpose of holding a meeting concerned with the exercise of the rights guaranteed by this part;
5. (5) Encourage or discourage membership in any organization by discrimination in hiring, granting of tenure or other terms or conditions of employment. The board of education or management personnel may express any views or opinions on the subject of employer-employee relations; provided, however, that such expression shall contain no threat of reprimand, discharge or promise of benefits;
6. (6) Discharge or discriminate against an employee because the employee has filed an affidavit, petition, or complaint or given any information or testimony under this part; or
7. (7) Dominate, interfere or assist in the administration of any professional employee organization.
(b) It is unlawful for a professional employees' organization or its representatives to:
1. (1) Cause or attempt to cause a board of education to engage in conduct violative of this part; provided, that this subdivision (b)(1) shall not be construed to impair the right of professional employees' organizations to prescribe their own rules with respect to operation involving the acquisition or retention of membership;
2. (2) Refuse or fail to participate in collaborative conferencing under this part with a board of education;
3. (3) Interfere with, restrain or coerce professional employees or a board of education in the exercise of rights granted in this part;
4. (4) Engage in a strike;
5. (5) Urge, coerce or encourage others to engage in unlawful acts as defined in this part;
6. (6) Enter onto the school grounds for the purpose of contacting professional employees in such a manner and at such times as will interfere with the normal operations of the school; or
7. (7) Coerce or attempt to intimidate professional employees who choose not to join a professional employee organization.
(c)
1. (1) A complaint of an unlawful act shall be filed with, or initiated by the board of education. If no reasonable resolution is reached between the parties, a complaint may be filed in the chancery court of the county where the local education agency is located.
2. (2) No complaint shall issue based upon any unlawful act occurring more than three (3) months prior to the filing of the complaint.
3. (3) The court is empowered to prevent any board of education or its agents, or organizations, associations, professional employees, or their agents, from engaging in any unlawful act.
4. (4) If, upon the preponderance of the evidence taken, the court is of the opinion that a party named in the complaint has engaged in or is engaging in any such unlawful act, then the court shall state its findings of fact, issue an order requiring the party to cease and desist from the unlawful act, and take affirmative action including resumption of collaborative conferencing or reinstatement of employees. The order may further require the party to make reports from time-to-time showing the extent to which it has complied with the order.
5. (5) If, upon the preponderance of the testimony taken, the court is not of the opinion that a party named in the complaint has engaged in or is engaging in any such unlawful act, then the court shall state its findings of fact and shall issue an order dismissing the complaint.

§ 49-5-607. Strikes — Remedies.

(a)
1. (1) If a strike occurs, the board of education may apply to the chancery court in the county to enjoin the strike. The application shall set forth the facts constituting the strike.
2. (2) If the court finds, after a hearing, that a strike has occurred, the court shall enjoin the employees from participating in the strike.
(b) When local boards of education have determined which employees have engaged in or participated in a strike, the employees may be subject to dismissal and, further, shall forfeit their claim to tenure status, if they have attained tenure, and shall revert to probationary status for the next five-year period. Any professional employee who engaged in, or participated in, a strike and who is not a tenured teacher may also be subject to dismissal.
(c) No penalty, forfeiture of rights or privileges or other sanction or fine imposed on a professional employees' organization, its officers or members, as the result of a strike, shall be subject to collaborative conferencing by the organization and a board at any time.

§ 49-5-608. Scope of conferencing.

(a) A local board of education shall be required to participate in collaborative conferencing with professional employees, or their designated representatives, if any, with respect to only those terms and conditions of employment that are specified in this section. Such terms and conditions include and are limited to the following:
1. (1) Salaries or wages;
2. (2) Grievance procedures;
3. (3) Insurance;
4. (4) Fringe benefits, but not to include pensions or retirement programs of the Tennessee consolidated retirement system or locally authorized early retirement incentives;
5. (5) Working conditions; except those working conditions which are prescribed by federal law, state law, private act, municipal charter or rules and regulations of the state board of education, the department of education or any other department or agency of state or local government;
6. (6) Leave; and
7. (7) Payroll deductions; except as provided in subsection (b).
(b) No other terms or conditions of employment shall be the subject of collaborative conferencing between the board of education and the professional employees or their representatives and no collaborative conferencing shall be conducted on the following subjects:
1. (1) Differentiated pay plans and other incentive compensation programs including stipends and associated benefits that are based on professional employee performance that exceeds expectations, or that aid in hiring and retaining highly qualified teachers for hard-to-staff schools and subject areas;
2. (2) Expenditure of grants or awards from federal, state or local governments and foundations or other private organizations that are expressly designated for specific purposes;
3. (3) Evaluation of professional employees pursuant to federal or state law or state board of education policy;
4. (4) Staffing decisions and state board of education or local board of education policies relating to innovative educational programs under § 49-1-207; innovative high school programs under chapter 15 of this title; virtual education programs under chapter 16 of this title; and other programs for innovative schools or school districts that may be enacted by the general assembly;
5. (5) All personnel decisions concerning assignment of professional employees, including, but not limited to, filling of vacancies, assignments to specific schools, positions, professional duties, transfers within the system, layoffs, reductions in force, and recall. No agreement shall include provisions that require personnel decisions to be determined on the basis of tenure, seniority or length of service; and
6. (6) Payroll deductions for political activities.
(c) The director of schools shall be permitted to communicate with professional employees employed by the local board of education concerning any subject relevant to the operation of the school system, including the terms and conditions of professional service that are subject to collaborative conferencing, through any means, medium or format the director chooses.

§ 49-5-609. Memorandum of understanding.

(a) The scope of a memorandum shall extend to those matters of mutual agreement between the board of education and the professional employees; provided, that its scope shall not include proposals contrary to:
1. (1) Federal or state law or applicable municipal charter;
2. (2) Professional employee rights defined in this part; or
3. (3) Board of education rights contained in this title.
(b) If agreement is reached by the management personnel of the board of education and the representatives of its professional employees, they shall jointly prepare a proposed memorandum of understanding. The board of education may enter into the memorandum for a period not to exceed three (3) years. Any items included within the memorandum that require funding shall not be considered effective until such time as the body empowered to appropriate the funds has approved a budget that includes sufficient funding. If the amount of funds appropriated is less than the amount required to address the matters of collaborative conferencing, then the parties may continue to confer to reach agreement within the amount of funds appropriated.
(c) A memorandum of understanding shall be binding on the parties from the date of its approval by the board of education as an item on the agenda of a regular or special called board meeting or at a later effective date that is explicitly stated in the memorandum of understanding.
(d) Nothing in this part shall be construed to require collaborative conferencing, agreement on any terms and conditions of employment, or, if agreement has not been reached between the board of education and the representatives of the professional employees, a memorandum of understanding. Absent an agreement and memorandum of understanding on terms and conditions specified for collaborative conferencing in this part, the board of education shall have the authority to address such terms and conditions through board policy.

Part 7 State Leave Plan

§ 49-5-701. State board of education — Rules and regulations.

(a) The state board of education shall adopt rules and regulations setting up sick leave and personal and professional leave for the teachers in the public schools of this state, and for payment of substitute teachers. Every LEA shall participate in the state leave plan as established in this part.
(b) The state board of education shall prescribe forms and procedures to be followed by the local boards of education participating in the state leave plan. The commissioner of education may withhold state leave funds from any participating system that fails to comply with this section or the implementing rules and regulations of the state board of education.

3 Backlinks

§ 49-5-702. Application for leave.

(a) Any person holding a position that requires a teacher's license shall be granted leave for military service, legislative service, maternity, adoption, recuperation of health or visitation of a spouse, child or parent deployed for military duty out of the country who has been granted rest and recuperation leave and may be granted leave for educational improvements or other sufficient reason without forfeiture of accumulated leave credits, tenure status or other fringe benefits. Local boards of education may compensate teachers the difference between their regular pay and their military pay while engaged in military service. Nothing in this subsection (a) shall be construed to affect any rights granted public employees under title 8, chapter 33.
(b) All leaves shall be requested in writing at least thirty (30) days in advance on forms adopted by the local board of education and uniformly used throughout the school system. The thirty-day notice may be waived or reduced by the director of schools or upon a certified statement of a physician approved by the director of schools.
(c) The teacher's application for leave forms shall require, but not be limited to:
1. (1) A description of the type of leave requested;
2. (2) The requested dates for beginning and ending the leave; and
3. (3) A statement of intent to return to the position from which leave is granted.

1 Backlink

49-2-203(a)(1)(A)

§ 49-5-703. Director's action on application.

Each request for leave must be acted upon in accordance with board policy, any negotiated contract or applicable state or federal law by the director of schools within fifteen (15) days. Each applicant shall be notified in writing of the action of the director of schools, and the beginning and ending dates of the leave that is granted.

§ 49-5-704. Term and extension of leave.

All leaves, except military leave, shall be from a date certain to a date certain; however, any leave may be extended to a later specified date upon written request from the teacher. The procedure for extending a leave and the conditions under which a leave may be extended are the same as those used when originally requesting and granting the leave. Military leave and leave to hold legislative office shall be granted for whatever period may be required. Leave to visit a spouse, child or parent deployed for military duty out of the country who has been granted rest and recuperation leave shall be granted for no longer than ten (10) days.

1 Backlink

49-5-715(a)

§ 49-5-705. Teacher's reinstatement after leave.

Positions vacated for less than twelve (12) months by teachers on leave shall be filled with an interim teacher for such time as the teacher is on leave. Upon return of the teacher within the twelve (12) months, the interim teacher shall relinquish the position, and the teacher shall return to the position. If the leave exceeds twelve (12) months, the teacher shall be placed in the same or a comparable position upon return from leave.

§ 49-5-706. Teacher not returning after leave.

Any teacher on leave shall, at least thirty (30) days prior to the date of return, notify the director of schools in writing if the teacher does not intend to return to the position from which the teacher is on leave. Failure to render such notice may be considered breach of contract.

§ 49-5-707. Pay while on leave.

The regularly employed teacher who is on leave authorized by § 49-5-701, § 49-5-710 or § 49-5-711 shall receive the pay prescribed by the teacher's contract during such absence, but the right to receive such pay shall be subject to all the conditions set forth in §§ 49-5-701, 49-5-710 and 49-5-711.

1 Backlink

8-50-803(c)

§ 49-5-708. Effect of leave on teacher's rights.

Any teacher on leave shall retain any accumulated tenure, salary or fringe benefit credits; and the leave shall not be construed to work a forfeiture of any accumulated tenure, salary or fringe benefit credits.

1 Backlink

49-5-715(c)

§ 49-5-709. Substitute teachers.

Substitute teachers are those teachers used to replace teachers on leave authorized by § 49-5-701, § 49-5-710 or § 49-5-711, or to fill temporary vacancies as defined by the state board of education and granted under written local school board policies. Substitute teachers may be employed and paid directly by a local education agency or by a third party public or private employer through an agreement between such third party employer and the local education agency. Substitute teachers employed by third party entities shall be subject to the same unemployment benefit eligibility conditions as substitute teachers employed directly by local education agencies.

§ 49-5-710. Sick leave — Accumulation and use.

(a)
1. (1) The time allowed for sick leave within the meaning of this section for any teacher shall be one (1) day for each month employed plus any personal and professional leave transferred to sick leave. Sick leave shall be cumulative for all earned or transferred days not used.
2. (2) Any teacher who goes on maternity or paternity leave may use sick leave and annual leave, as described by § 8-50-801, for maternity or paternity leave for a period not to exceed the teacher's accumulated sick leave and annual leave balance, or twelve (12) weeks, whichever is less. To be eligible to use sick leave as maternity or paternity leave, the teacher must submit a written request that includes a statement from the attending physician indicating the expected date of confinement, no later than the end of the fifth month of pregnancy. Upon verification by a written statement from an adoption agency or other entity handling an adoption, a teacher may be allowed to use up to thirty (30) days of accumulated sick leave for the adoption of a child. If both adoptive parents are teachers, only one (1) parent is entitled to use leave under this subsection (a).
3. (3) When first employed in a system, a teacher shall be allowed an initial allotment of up to five (5) days of sick leave, but not exceeding the number the teacher could earn during the school year in which the teacher is first employed. If a teacher uses a part or all of this initial allotment, these days shall be charged to sick leave later accumulated by the same teacher.
  1 Backlink
  - 8-33-109(b)
4. (4) At the termination of the employment of any teacher, all unused sick leave accumulated by the teacher shall be terminated.
5. (5) However, a local board of education shall grant to any teacher, upon the teacher's employment or reemployment, the accumulated sick leave that the teacher lost by previous termination of employment in a public school system of this state; except that a teacher terminated for cause, as defined in § 49-5-501, shall not be granted, upon further employment, the sick leave days lost; and except that a teacher who breaks a contract with the board of education without a justifiable reason and without giving at least thirty (30) days' advance notice shall be granted previously accumulated, unused leave only if the board whose employ the teacher left permits the teacher to resign in good standing under the terms of § 49-5-508. This grant of previously accumulated, unused sick leave days shall be made only upon application of the teacher and only upon written verification notarized by the director of schools of the system in which the accumulated sick leave was held. The grant of previously accumulated, unused sick leave days provided for under this subdivision (a)(5) shall be available to any teacher and state employee.
6. (6) Every local board of education shall keep a record of the accumulated sick leave for each eligible teacher in its employ and shall provide a verified copy to the teacher or other board of education for purposes of implementing this section.
7. (7) The local board of education may require that a physician's certificate be furnished by the teacher in all cases deemed proper by the local board.
8. (8) In case of doubt, the local board of education shall have final authority as to who is entitled to leave under this section and the time for which the leave may be allowed.
9. (9) A teacher in need of sick leave shall be allowed to use unearned sick leave up to the amount of days that the teacher may accumulate during the remainder of the school year in which the teacher is employed. Such advance use of sick leave shall be charged to sick leave accumulated in the same school year. Upon termination of the employment of the teacher before the days are earned or at the end of the school year, there shall be deducted from the final salary of the teacher an amount based on the teacher's daily rate of pay sufficient to cover the excess sick leave days used by the teacher, and if the final salary is insufficient for this purpose, the teacher shall be liable for reimbursement of any amount in excess of the teacher's final salary.
(b) Any person employed by any agency, office, department or institution of the state or any state college or university, and who participates in the sick leave program provided in title 8, chapter 50, part 8, who leaves such employment and within two (2) years becomes a teacher employed by any local board of education, shall be allowed to convert all accumulated state sick leave into sick leave under this section. Any person may waive such conversion by notice to the authority responsible for the person's appointment. The previous employer shall certify to the new employer that the sick leave for which credit is being sought actually is accrued and due and is substantiated by records of the agency compiled during the course of such employment and not from records compiled solely for purposes of establishing leave credit. The conversion of sick leave under this subsection (b) shall be available to any employee who has transferred employment from any state agency named in this subsection (b) to any local school system.

9 Backlinks

§ 49-5-711. Personal and professional leave — Accumulation and use.

(a) Under policies adopted by the local board of education, a teacher shall be allowed personal and professional leave earned at the rate of one (1) day for each one-half (½) year employed. A teacher may take not more than two (2) days of personal or professional leave prior to having earned it, but it shall be charged against the teacher's year's allowance. Any personal and professional leave remaining unused at the end of a year shall be credited to that teacher as sick leave.
(b) If, at the termination of a teacher's services, the teacher has been absent for more days than the teacher had accumulated or earned leave, there shall be deducted from the final salary warrant of the teacher an amount sufficient to cover the excess days used by the teacher.
(c)
1. (1) Personal leave is intended to be used for personal reasons. Subject to the following conditions, it can be taken at the discretion of a teacher, who shall not be required to give reasons for the use of any personal leave. The approval of the director of schools or the director's designee shall be required under the following conditions:
  1. (A) If more than ten percent (10%) of the teachers in any given school request its use on the same day; provided, that on making this calculation, any major fraction shall be considered as one (1); and in schools of five (5) teachers or less, one (1) teacher may take personal leave at the teacher's discretion;
  2. (B) If personal leave is requested during any prior established student examination period;
  3. (C) If personal leave is requested on the day immediately preceding or following a holiday or vacation period;
  4. (D) If personal leave is requested for days scheduled for professional development or in-service training, according to a school calendar adopted by the local board of education prior to the commencement of the school year; or
  5. (E) If personal leave is requested for days scheduled for parent-teacher conferences, according to a school calendar adopted by the local board of education prior to the commencement of the school year.
2. (2) Except in an emergency, a teacher shall give at least one (1) day's advance notice of intent to take personal leave.

3 Backlinks

§ 49-5-712. Part-time leaves.

Part-time leaves may be granted upon written request with the conditions prevailing as recorded in the minutes of the board of education.

§ 49-5-713. Legislative service leave.

Leave to hold legislative office shall not be granted for more than any portion of four (4) calendar years without the consent of the local board of education. Nothing contained in this section shall be construed to require the board or school system to pay the teacher during the leave of absence.

§ 49-5-714. Injuries in course of employment by violent criminal act.

(a)
1. (1) If a teacher is absent from assigned duties as a result of personal injury caused by a physical assault or other violent criminal act committed against the teacher in the course of the teacher's employment activities, then the LEA shall continue to pay the teacher's full salary and full benefits including, but not limited to, health insurance benefits, until the teacher is released by the teacher's physician to return to work or is determined by the teacher's physician to be permanently and totally disabled from returning to work, whichever occurs first.
2. (2) If, at the time of the personal injury, the teacher is eligible for workers' compensation or other similar type benefits, then the teacher must file a claim for those benefits. Notwithstanding subdivision (a)(1), if a teacher receives benefits under a workers' compensation or similar type benefit during the time the teacher is on leave, then the LEA must pay the difference between the teacher's full salary and the workers' compensation or similar type benefits received.
3. (3) A teacher on leave shall not receive more than their full salary and full benefits the teacher is eligible to receive under subdivision (a)(1).
4. (4) A leave of absence for personal injury resulting from an assault or other violent criminal act shall not be charged to the teacher's sick leave, personal leave, or professional leave accumulated or granted pursuant to this part.
5. (5) As used in this subsection (a), “full benefits” means the benefits the teacher was receiving from the LEA when the teacher was placed on leave due to the teacher's personal injury.
(b) An LEA is not required to pay the teacher's full salary or full benefits, or the difference between the teacher's full salary and the workers' compensation or similar type benefits received, if any, under this section for more than one (1) year.
(c) This section does not discourage, diminish, invalidate, or supersede a policy, benefits package, or contract that provides greater benefits or leave for teachers injured in the course of the teacher's employment activities.

1 Backlink

49-5-209(c)(10)

§ 49-5-715. Leave to hold statewide office of a professional employees' association.

(a) Leave to hold statewide office as an officer, director, trustee or agent of a professional employees' association may be granted if the local board approves the leave after the person requesting the leave provides the director of schools with proof of election and proof of the term of office. Acceptable proof of election shall include, but not be limited to, certification by the professional employees' association of the date of the election and the results of the election. Leave shall be granted from a date certain to a date certain pursuant to § 49-5-704.
(b) For purposes of this section only, “professional employees' association” or “association” means any organization or association granting membership to professional employees of LEAs and professionals employed by the state department of education; provided, however, that membership in the organization or association statewide exceeds one thousand (1,000) dues-paying members.
(c) Any person on leave under this section shall retain all rights enumerated in § 49-5-708.
(d) Association service leave shall be leave without pay. The person on leave is entitled to maintain benefits only if the full cost of the benefits is paid by either the person on leave or the association for which the person is serving as an officer, director, trustee or agent. During the leave period, the person's position with the LEA shall be maintained without advancement on the salary scale and with no accrual of sick leave or personal and professional leave. At the end of leave taken pursuant to this section, the person taking the leave shall be returned to the person's former position or a comparable position. Leave shall only be granted with the understanding that the recipient, immediately following the leave of absence, will return to the LEA for a period at least equal to the period of the leave. Prior to the person being allowed to return to a position in the LEA, the person or the association shall reimburse the LEA for any additional expenses incurred in staffing the position while the person was on leave.
(e) Any president of a professional employees' association who was granted leave from an LEA to hold the office prior to April 25, 2013, may continue to hold the office of president with leave from the LEA until the end of the leave and termination of the agreement that covers the leave; provided, however, that the agreement shall not be modified or extended after April 25, 2013. If a person who was president of an association before April 25, 2013, is reelected after April 25, 2013, then any new agreement between an LEA and a person who is reelected shall be entered in accordance with subsections (a)-(d).

§ 49-5-716. Leave not charged when school closed for unexpected events — Exception for virtual instruction.

(a) A teacher, including a teacher on preapproved leave or other type of leave, shall not be charged with a day of leave for any day on which the teacher's school or the school district is closed due to natural disaster, inclement weather, serious outbreak of contagious illness, or other unexpected event.
(b) For purposes of this section, a teacher's school or school district is not closed when teachers are required to work remotely and provide virtual instruction to students.

Part 8 Tennessee Teachers' Sick Leave Bank Act

§ 49-5-801. Short title.

This part shall be known and may be cited as the “Tennessee Teachers' Sick Leave Bank Act.”

§ 49-5-802. Part definitions.

As used in this part, unless the context otherwise requires:
1. (1) “Employee organization” means any organization with membership open to teachers in which the teachers participate and that exists for the purpose, in whole or in part, of representing teachers' interest to boards of education of local public school systems;
2. (2) “Local school system” or “system” means any local public school system, as defined in § 49-1-103;
3. (3) “Member” or “participant” means any teacher who has joined the bank by making the initial donation of the minimum number of days necessary and has donated the subsequently assessed days;
4. (4) “Sick leave” means a designated amount of compensation leave accumulated pursuant to § 49-5-710 that is to be granted to a member who, through personal illness, injury, disability or quarantine, is unable to perform the duties of the teaching position. Sick leave may not be granted for the period of disability when moneys are paid to the member under the Workers' Compensation Law under title 50, chapter 6, part 2;
5. (5) “Sick leave bank” or “bank” means a local system accounting of voluntarily pooled and irrevocably donated accumulated personal sick leave that is collected for the purpose of providing sick leave to members of the program who have suffered an unplanned personal illness, injury, disability or quarantine and whose personal sick leave is exhausted;
6. (6) “Sick leave bank trustees” or “trustees” means those persons appointed to administer a local school system sick leave bank; and
7. (7) “Teacher” means all persons entitled to sick leave under § 49-5-710.

§ 49-5-803. Establishment.

(a) Notwithstanding any other provision to the contrary, a sick leave bank may be established in any local school system.
(b) Sick leave accumulated under § 49-5-710 may be donated to the bank.
(c) Only one (1) bank shall be allowed per system.
(d) To form a sick leave bank in a local school system, a minimum of twenty (20) teachers from that system must petition the local board of education for permission to establish a sick leave bank in accordance with this part. If the local board of education grants permission to establish a sick leave bank, then the local board shall adopt operating guidelines for the sick leave bank consistent with this title. Effective August 1 following the local board's adoption of operating guidelines, the sick leave bank may begin operating within the system.
(e) To form a sick leave bank in a local school system in any county having a population of not less than forty-four thousand five hundred (44,500) nor more than forty-five thousand (45,000) or not less than six thousand seven hundred (6,700) nor more than six thousand nine hundred fifty (6,950), according to the 1990 federal census or any subsequent federal census, a minimum of ten (10) teachers from that system must petition the local board of education for permission to establish a sick leave bank in accordance with this part. If the local board of education grants permission to establish a sick leave bank, then the local board shall adopt operating guidelines for the sick leave bank consistent with this title. Effective August 1 following the local board's adoption of operating guidelines, the sick leave bank may begin operating within the system.

1 Backlink

49-5-805(b)

§ 49-5-804. Trustees.

When permission to establish a sick leave bank in a local school system has been granted, the sick leave bank trustees shall be established as follows:
1. (1) No later than thirty (30) days following the adoption of operating guidelines, the local board of education and the employee organization shall each appoint from their membership two (2) persons to serve as trustees. The fifth trustee must be the director of schools who serves as chair;
2. (2) In the event any member is unable to be present at any meeting of the sick leave bank trustees, the member may appoint a representative to serve during a particular meeting if authorization is given in writing by the absent trustee;
3. (3) In the event the professional employees are recognized for the purpose of negotiating, such recognized professional employees' organization shall appoint two (2) persons to serve. In the event there is no recognized professional employees' organization for the purpose of negotiating or the previously recognized organization subsequently loses recognition, the organization that documents the largest number of paid professional employees as members on June 30 past shall be the organization to initially appoint or subsequently reappoint or replace the trustees at the end of a term;
4. (4) All appointments shall be for three-year staggered terms and can be replaced only because of death, retirement, resignation or discontinuation of employment with the board of education or at the expiration of a term;
5. (5) Any vacancy shall be filled for the remainder of the term by the appointing authority in the same manner as the original appointments were made;
6. (6) Trustees are eligible to succeed themselves; and
7. (7) The four (4) trustees originally appointed by the board of education and the employee organization shall draw lots for two (2) positions for three (3) years, and two (2) positions for two (2) years, to become effective August 1 next. Thereafter all terms begin on August 1.

§ 49-5-805. Rules and regulations.

(a) The trustees shall provide for rules and regulations not inconsistent with this part.
(b) These rules and regulations shall be filed with the local school system within sixty (60) days of authorized establishment of the bank pursuant to § 49-5-803 and shall be available for public inspection during regular office hours.

§ 49-5-806. Participation.

(a) All persons employed in the school system who are entitled to sick leave under § 49-5-710 are eligible to participate in the sick leave bank of that school system.
(b) Upon the establishment of a sick leave bank and the selection of the trustees for the sick leave bank, the trustees shall notify all teachers in the system that they are eligible to participate in the sick leave bank. Following such notice, any teacher in the school system may indicate on forms prepared and approved by the trustees a desire to participate in the bank by submitting the forms to the office that handles records for sick leave for the school system.
(c) Teachers electing to participate shall do so during the months of August, September or October of any year.
(d) By written notice to the trustees, a member may withdraw from bank participation on any June 30. Membership withdrawal results in forfeiture of all days contributed.

1 Backlink

49-5-811

§ 49-5-807. Leave contributions.

(a) Any teacher who elects to participate in the bank shall initially have a maximum of three (3) days of sick leave deducted from such teacher's personal accumulation and donated to the sick leave bank.
(b) Donations of sick leave to the bank are nonrefundable and nontransferable.
(c) At any time the number of days in the sick leave bank is less than twenty (20), or one (1) per member if there are more than twenty (20) members, or at any time deemed advisable, the trustees shall assess each member one (1) or more days of accumulated sick leave. If a member has no accumulated sick leave at the time of assessment, the first earned days shall be donated as they are accrued by the teacher.

1 Backlink

49-5-811

§ 49-5-808. Use of bank.

(a) The sick leave bank trustees shall administer the sick leave bank and approve or reject each request for additional sick leave. All actions of the trustees will require three (3) affirmative votes.
(b) The form and manner of application for use of leave from the bank shall be prescribed by the trustees.
(c) The trustees shall act either affirmatively or negatively on all applications within ten (10) calendar days of the application.
(d) Members of the sick leave bank shall be eligible to make application to the bank for sick leave only after having been a member of the bank for thirty (30) calendar days.
(e) A participant shall not receive any sick leave from the bank until after having exhausted all accumulated sick and personal leave, including all paid board extensions.
(f) The trustees may establish regulations restricting the number of days that may be withdrawn from the bank by one (1) member on account of one (1) illness, particularly any known illness existing at the time the teacher elected to participate in the bank.
(g) Grants of sick leave from the bank shall not be made to any member on account of any elective surgery or illness of a member of the participant's family except as provided in subsection (m), or during any period the member is receiving disability benefits from social security or the state or local teachers' retirement plan.
(h) Leave grants from the bank, approved by the trustees, shall not be more than twenty (20) consecutive days for which the individual applicant would have otherwise lost pay. Applicants may submit requests for extensions of such leave grants before or after their prior grants expire. The maximum number of days any participant may receive in any fiscal year is sixty (60). The maximum number of days any participant may receive as a result of any one (1) illness, recurring diagnosed illness or accident is ninety (90).
(i) In the event a member is physically or mentally unable to make a request to the sick leave bank for use of sick leave days, a family member or agent may file the request.
(j) If the trustees determine it necessary, they may require a physician's certificate of condition from any member requesting additional leave. Refusal to comply will result in denial of the pending request for use of sick leave days from the bank.
(k) Sick leave granted a member from the bank need not be repaid by the individual except as all members are uniformly assessed.
(l) All records of the sick leave bank shall be kept in or by the office of the school system that handles regular sick leave records. The trustees shall inform this office of all applications they approve and the amount of additional leave granted the member.
(m) Sick leave may be granted to a member on account of an illness of the member's minor child.

1 Backlink

49-5-811

§ 49-5-809. Loss of benefits.

A member shall lose the right to obtain the benefits of the sick leave bank by:
1. (1) Resignation or termination of employment with the local school system;
2. (2) Cancellation of participation that is effective only on June 30 next;
3. (3) Refusal to honor such assessment as may be required from time to time by the trustees to maintain an adequate number of reserve days in the bank;
4. (4) Being on approved leave of absence with the exception of personal illness or disability leave; or
5. (5) Retirement.

1 Backlink

49-5-811

§ 49-5-810. Dissolution of bank.

In the event the sick leave bank is dissolved, the total days on deposit shall be returned to the then participating members and credited to their personal sick leave accumulation in proportion to the number of days each has contributed individually. Days returned under this section and credited to the individual participant's accumulation shall be rounded to the nearest one-half (½) day.

§ 49-5-811. Participation of nonteacher employees of LEA in teachers' sick leave bank.

Notwithstanding any provision of this part to the contrary, if an LEA has established a teachers' sick leave bank, then the LEA may permit any employee of the LEA who is not a teacher to participate in either the teachers' sick leave bank or a classified employee sick bank; provided, that the employee is eligible to accrue sick leave under the employee's contract of employment. The requirements for teachers' participation in the sick leave bank in §§ 49-5-806, 49-5-807, 49-5-808 and 49-5-809 shall apply to an employee who is not a teacher and who is seeking to participate in the sick leave bank. Nothing in this section shall be construed to interfere with existing LEA policies relative to the sick leave bank that are in effect on May 1, 2014.

Part 9 Teachers' Local Retirement Systems

§ 49-5-901. Establishment of fund.

(a) The board of education or school board of any town, city, county or district shall have the power to establish what shall be known as a “public school teachers' retirement fund.”
(b) Where the school board of any city, town, county or district determines to establish the fund, it shall be put into operation and be authorized by ordinance or resolution of the school board, and adopted by the city or town governing authorities in cases of towns and cities, and by the county legislative body in cases of county and district schools.

§ 49-5-902. Rules and regulations.

(a) The school boards shall adopt the necessary rules and regulations, fix the basis or amounts of the annuities and the contributions made and prescribe all other necessary provisions to put this part into operation.
(b) Any rule or regulation that affects either the collections or expenditures of the fund shall be approved by the municipal governing authorities in case of city or town schools, and by the county court in case of county or district schools.

§ 49-5-903. “Teacher” defined.

As used in this part, “teacher” means and includes any director of schools, assistant director of schools, principal, assistant principal, supervisor, assistant supervisor, persons in charge of any special department of instruction, and any teacher or instructor regularly employed as such by the school board of such city or county, town or district.

§ 49-5-904. Maximum annuity — Contribution rates.

(a) No pension or annuity shall be provided exceeding three-fourths (¾) of the salary paid the teacher at the time of retirement, and in no event shall it exceed the sum of six hundred dollars ($600) per annum.
(b) The maximum assessment on any teacher coming under the operation of this part shall not exceed two and one-half percent (2.5%) per annum of the salary agreed to be paid the teacher, and a minimum of one percent (1%) per annum.

1 Backlink

49-5-906

§ 49-5-905. Deficiencies in contributions.

Any teacher who has not contributed to the minimum amount may make up the deficiency by a cash payment in full with principal and interest or by having it deducted in equal amounts from the annuity installments.

§ 49-5-906. Eligibility for benefits.

Every teacher who has annually contributed to the fund in accordance with this part for at least five (5) years and has taught in the public schools not less than twenty-five (25) years, fifteen (15) years of which have been in the public schools of a city, town, county or district, may be retired by the board of education, and shall have the right to voluntarily retire from such service and become the beneficiary of this part. Every such teacher so retiring or retired shall be entitled to an annuity for the remainder of the teacher's life, to be paid out of the fund, an amount as provided by § 49-5-904.

§ 49-5-907. Retirement because of incapacity.

Every teacher in the public schools of a city, town, county or district who has taught in the schools not less than ten (10) years, has contributed for not less than five (5) years annually to the fund, as may be provided under this part, and has become, without the fault of the teacher, mentally or physically incapacitated from such service, may be retired by the school board and become a beneficiary of the fund in the same manner as provided in this part, but such annuity shall cease when the incapacity ceases; however, such incapacity does not include temporary illness.

§ 49-5-908. Insufficiency of fund to pay annuities.

In case the fund is insufficient to pay the annuity provided for in this part, there shall be a ratable distribution among such beneficiaries who may be entitled to the annuity, and there shall be no claim for any deficiency.

§ 49-5-909. Exemption of benefits from process — Nonassignability.

All annuities granted and payable out of the teachers' retirement fund shall be and are exempt from seizure or levy upon attachment, execution, supplemental process and all other process, whether mesne or final. The annuities or any payment of the annuities shall not be subject to sale, assignment or transfer by any beneficiary, and such transfer shall be absolutely void.

§ 49-5-910. Board of trustees.

(a) There shall be a board of trustees for each city, town, county or district established, which shall be known as the public school teachers' retirement fund board, and shall be composed of nine (9) members who shall serve without compensation.
(b) The board shall consist of five (5) teachers, who shall be elected by the teachers of the city, town, county or district, as the case may be, the director of schools of the city, town, county or district and three (3) members of the school board of the city, town, county or district, elected by such board. The manner of election of the elective members shall be determined by the rules prescribed for the government of such bodies as heretofore provided.

§ 49-5-911. Rules of trustees — Quorum.

(a) The board of trustees is authorized to make rules and regulations for the government of the body, subject to the limitations of this part.
(b)
1. (1) Six (6) members of the board constitute a quorum, one (1) of whom shall be a member of the school board.
2. (2) No official act of the board can be performed except by at least five (5) votes.

§ 49-5-912. Delegation of duties by trustees.

The board of trustees shall have authority to elect one (1) or more of its body whose duty it shall be to actually attend to the duties and obligations of the trust, and to make an adequate solvent bond for the faithful performance of its duties and the safekeeping of the fund.

§ 49-5-913. Management and investment of fund.

(a) The board shall manage, lend, maintain, keep or deposit such funds for the benefit and uses of the public school teachers' retirement fund.
(b) The board shall receive all moneys from donations, legacies, gifts, bequests, and any surplus that may remain at the end of any fiscal year, from the sum or sums contributed and paid by both the teachers and by the school boards.
(c) The fund shall be invested in solvent and approved interest-bearing securities or well-secured mortgages or municipal bonds.

§ 49-5-914. Receipt and delivery of contributions.

(a) The city, town, or county treasurer or trustee shall receive and retain on deposit to the credit of the public school teachers' retirement fund each annual contribution made, as provided in this part, until the end of the fiscal year.
(b) At the end of the fiscal year the contributions shall be delivered to the board of trustees, who shall receipt the treasurer or county trustee for such delivery.

§ 49-5-915. Sinking fund — Purposes.

The public school teachers' retirement fund held in trust by the board of trustees shall be known as the sinking fund of the public school teachers' retirement fund, and is created and held for the purposes and uses of supplementing any deficiencies that may occur in the fund or account in the hands or under the control of the public treasurer.

§ 49-5-916. Deficiencies supplied from sinking fund.

At any time that the funds in the hands of the public treasury to the credit of the fund become insufficient, the board of trustees shall assign, as soon and so far as can practically be done, from the sinking fund under its control, to the city or town treasurer, or county trustee, so that the deficiency shall be supplied.

Part 10 Teacher Code of Ethics

§ 49-5-1001. Short title.

This part shall be known and may be cited as the “Teacher Code of Ethics.”

§ 49-5-1002. Legislative findings.

The general assembly finds and declares that:
1. (1) An educator, believing in the worth and dignity of each human being, recognizes the supreme importance of the pursuit of truth, devotion to excellence, and the nurture of democratic principles. Essential to these goals is the protection of freedom to learn and to teach and the guarantee of equal educational opportunity for all. An educator accepts the responsibility to adhere to the highest ethical standards; and
2. (2) An educator recognizes the magnitude of the responsibility inherent in the teaching process. The desire for the respect and confidence of one's colleagues, of students, of parents and of the members of the community provides the incentive to attain and maintain the highest possible degree of ethical conduct.

§ 49-5-1003. Educator's obligations to students.

(a) An educator shall strive to help each student realize the student's potential as a worthy and effective member of society. An educator therefore works to stimulate the spirit of inquiry, the acquisition of knowledge and understanding, and the thoughtful formulation of worthy goals.
(b) In fulfillment of this obligation to the student, an educator shall:
1. (1) Abide by all applicable federal and state laws;
2. (2) Not unreasonably restrain the student from independent action in the pursuit of learning;
3. (3) Provide the student with professional education services in a nondiscriminatory manner and in consonance with accepted best practices known to the educator;
4. (4) Respect the constitutional rights of the student;
5. (5) Not unreasonably deny the student access to varying points of view;
6. (6) Not deliberately suppress or distort subject matter relevant to the student's progress;
7. (7) Make reasonable effort to protect the student from conditions harmful to learning or to health and safety;
8. (8) Make reasonable effort to protect the emotional well-being of the student;
9. (9) Not intentionally expose the student to embarrassment or disparagement;
10. (10) Not on the basis of race; color; creed; disability; sex; national origin; marital status; political or religious beliefs; family, social, or cultural background; or sexual orientation, unfairly:
  1. (A) Exclude the student from participation in any program;
  2. (B) Deny benefits to the student; or
  3. (C) Grant any advantage to the student;
11. (11) Not use the educator's professional relationship with the student for private advantage;
12. (12) Not disclose information about the student obtained in the course of the educator's professional service, unless disclosure of the information is permitted, serves a compelling professional purpose, or is required by law;
13. (13) Not knowingly make false or malicious statements about students or colleagues;
14. (14) Ensure interactions with the student take place in transparent and appropriate settings;
15. (15) Not engage in any sexually related behavior with the student, whether verbal, written, physical, or electronic, with or without the student's consent. Sexually related behavior includes, but is not limited to, behaviors such as making sexual jokes or sexual remarks; engaging in sexual kidding, sexual teasing, or sexual innuendo; pressuring the student for dates or sexual favors; engaging in inappropriate physical touching, groping, or grabbing; kissing; rape; threatening physical harm; and committing sexual assault;
16. (16) Not furnish alcohol or illegal or unauthorized drugs to the student;
17. (17) Strive to prevent the use of alcohol or illegal or unauthorized drugs by the student when the student is under the educator's supervision on school or LEA premises, during school activities, or in any private setting;
18. (18) Refrain from the use of alcohol while on school or LEA premises or during a school activity at which students are present; and
19. (19) Maintain a professional approach with the student at all times.

1 Backlink

49-5-1006(a)

§ 49-5-1004. Educator's obligations to the education profession.

(a) The education profession is vested by the public with a trust and responsibility requiring the highest ideals of professional service. In the belief that the quality of the services of the education profession directly influences the nation and its citizens, the educator shall exert every effort to raise professional standards, to promote a climate that encourages the exercise of professional judgment, to achieve conditions which attract persons worthy of the trust to careers in education, and to assist in preventing the practice of the profession by unqualified persons.
(b) In fulfillment of this obligation to the profession, an educator shall not:
1. (1) Deliberately make a false statement or fail to disclose a material fact related to competency and qualifications in an application for a professional position;
2. (2) Misrepresent the educator's professional qualifications;
3. (3) Assist entry into the profession of a person known to be unqualified in respect to character, education, or other relevant attribute;
4. (4) Knowingly make a false statement concerning the qualifications of a candidate for a professional position;
5. (5) Assist a noneducator in the unauthorized practice of teaching;
6. (6) Disclose information about colleagues obtained in the course of professional service unless the disclosure serves a compelling professional purpose or is required by law;
7. (7) Knowingly make false or malicious statements about a colleague;
8. (8) Accept any gratuity, gift, or favor that might impair or appear to influence professional decisions or actions; and
9. (9) Use illegal or unauthorized drugs.
(c) In fulfillment of this obligation to the profession, educators shall:
1. (1) Administer state-mandated assessments fairly and ethically; and
2. (2) Conduct themselves in a manner that preserves the dignity and integrity of the education profession.

2 Backlinks

§ 49-5-1005. Public access to teacher code of ethics.

The state board of education shall post the teacher code of ethics on its website.

§ 49-5-1006. Report of breach of teacher code of ethics — Failure to report.

(a) An educator who has personal knowledge of a breach by another educator of the teacher code of ethics prescribed in §§ 49-5-1003 and 49-5-1004 shall report the breach to the educator's immediate supervisor, director of schools, or local board of education within thirty (30) days of discovering the breach.
(b) Failure to report a breach of the teacher code of ethics, or to file a report of any criminal activity or other misconduct that is required by federal or state law, is a breach of the teacher code of ethics.

§ 49-5-1007. Professional development training concerning teacher code of ethics.

LEAs must conduct annual professional development training concerning the teacher code of ethics and its requirements. The professional development training shall address what constitutes unethical conduct.

Part 11 LEA or Public Charter School

§ 49-5-1101. Prohibitions on mandatory implicit bias training — Section definitions.

(a) An LEA or public charter school shall not:
1. (1) Require an educator or other employee of the LEA or public charter school to complete or participate in implicit bias training; or
2. (2) Take an adverse employment action against an educator or other employee of the LEA or public charter school for the educator's or employee's failure or refusal to complete or participate in implicit bias training.
(b) The state board of education and the department of education shall not require an educator to complete or participate in implicit bias training as a requirement for educator licensure, professional development, program participation, or otherwise.
(c) As used in this section, “implicit bias training” means a training or other educational program designed to expose an individual to biases that the training's or educational program's developer or designer presumes the individual to unconsciously, subconsciously, or unintentionally possess that predispose the individual to be unfairly prejudiced in favor of or against a thing, person, or group to adjust the individual's patterns of thinking in order to eliminate the individual's unconscious bias or prejudice.

Part 56 Teacher Training

§ 49-5-5601. Legislative intent relative to teacher education.

The general assembly recognizes the vital position occupied by institutions of higher education in the training of teachers, the improvement in the quality of the education profession, and the impact on Tennessee students. In acting to support these functions in public institutions of higher education, the general assembly must maintain a proper balance between the academic freedom of higher education and the need to respond to the public's expectations of quality in the state's teacher training programs. Therefore, the general assembly does not seek to impose restrictions on the philosophy or course selection of teacher training programs. The general assembly does, however, reserve the authority to require of each teacher training institution reasonable admission standards, graduation standards, and outcomes for prospective teachers to ensure that teachers are effectively prepared to positively affect student achievement in accordance with this part.

§ 49-5-5602. Tests required for entrance to approved teacher training programs.

All students wishing to enter approved teacher training programs shall be required to submit a score on a secure standardized test or tests chosen by the state board of education. The board is authorized to promulgate rules and regulations listing the test or tests authorized for this purpose, minimum acceptable cutoff scores for the test or tests and any other relevant criteria necessary to meet the requirements of this part. The test or tests shall be used as part of the admission process to teacher training programs at approved teacher training institutions. The test or tests shall be made available through the regular administration offered by a national testing organization or shall be developed, validated and administered by the department of education.

§ 49-5-5603. Licenses to teach granted only to graduates of qualifying institutions.

(a) In order to assure the public that every teacher has been adequately trained, licenses to teach shall be issued only to those students who have been graduated from a Tennessee institution certified by the department of education or from an out-of-state institution certified by the state in which it is located.
(b) If the state in which an institution is located does not certify its institutions, then the department may do so consistent with standards applicable to Tennessee institutions.

§ 49-5-5604. Clinical experiences required — Assignment to educator.

In order to gain experience in a school and demonstrate readiness for teaching, educator preparation providers shall require clinical experiences, including field experiences and clinical practice, as defined by the state board of education. During the clinical practice, each candidate shall be assigned to an effective educator for guidance, evaluation, and instruction.

4 Backlinks

§ 49-5-5605. Proficiency tests.

(a) All students desiring a license to teach must pass both a test that measures professional knowledge and a standardized or criterion-referenced test for each desired area of endorsement. These tests shall be developed or acquired by the department of education, validated and administered by the department at each institution or made available through the regular administration offered by a national testing organization. These tests shall be secure. Before the tests are placed in use, the board shall submit the tests to the education committee of the senate and the education administration committee of the house of representatives for review and comment.
(b) The department shall allow an extra year for an applicant to be administered the state teachers certification test and shall make special accommodation in administration of the tests provided for by this section under the following circumstances:
1. (1) The applicant has been employed by an LEA for one (1) year or more;
2. (2) The applicant has favorable recommendations from the local board and local director of schools;
3. (3) The applicant has a handicapping condition, including dyslexia, that adversely affects the applicant's ability to successfully complete the test;
4. (4) The applicant has previously been unsuccessful in achieving a passing score on the test; and
5. (5) In previous testing, the applicant has demonstrated a probable likelihood of success in passing the test, given additional time, reading assistance, oral administration of or response to test questions or other reasonable measures that would not compromise validity of the test.

1 Backlink

49-5-5606

§ 49-5-5606. Passing scores on exams — Eligibility for license and employment.

Those students who achieve a passing score on the state teacher's examination required by § 49-5-5605 are eligible to be awarded a license by the state board of education and may apply for employment in the school system of their choice.

§ 49-5-5607. State board review of teacher training institutions — Probation — Revocation of state approval — Annual performance reports — Promulgation of rules.

(a) The state board of education shall review the scores on the state teachers examination from each public and private teacher training institution. Any institution that had thirty percent (30%) or more of its students fail the examination in the previous year shall be informed and placed on probationary status. Any institution that has thirty percent (30%) or more of its students fail in two (2) consecutive years shall have its state approval revoked by the state board of education.
(b)
1. (1) The department of education shall develop annual performance reports for all approved educator preparation providers.
2. (2) Each annual performance report must include the results of the department's review of the educator preparation provider's implementation of instruction aligned with the foundational literacy skills standards established pursuant to § 49-5-5619.
3. (3) The department shall require approved educator preparation providers to submit evidence to the department demonstrating that the instruction provided by the educator preparation provider to candidates seeking a license to teach in this state is aligned with all applicable foundational literacy skills standards, including, but not limited to, the foundational literacy skills standards established pursuant to § 49-5-5619.
4. (4) The state board of education shall publish the results of a review conducted by the department pursuant to subdivision (b)(2) in the state board of education's annual teacher preparation report card prepared pursuant to § 49-5-108.
5. (5) If the results of a review conducted pursuant to subdivision (b)(2) show that an educator preparation provider is not implementing instruction aligned with the foundational literacy skills standards, or is otherwise not meeting the state board's expectations for purposes of § 49-5-5619, then the state board shall require the educator preparation provider to create and implement a corrective action plan. If the educator preparation provider fails to implement the corrective action plan, then the state board may revoke the state board's approval of the program.
(c) The state board of education shall promulgate rules necessary to effectuate this section. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

§ 49-5-5608. Training for teaching children with behavioral or emotional disorders.

All teacher training institutions are encouraged to offer, and encourage all students to take, a course specifically designed for prevention and intervention strategies in behavioral/emotional disorders. This course should include information from the fields of psychology and education.

§ 49-5-5609. [Repealed]

§ 49-5-5610. Requirements for entering teacher training programs.

(a) All students wishing to enter approved teacher training programs shall be required to:
1. (1) Supply a fingerprint sample and submit to a criminal history records check to be conducted by the Tennessee bureau of investigation (TBI) and the federal bureau of investigation (FBI); and
2. (2) Agree that the TBI may send to the teacher training program information indicating the results of the criminal history records check. The results will indicate whether the applicant has a criminal conviction that would result in automatic revocation of a teacher's license pursuant to this chapter and under the rules of the state board of education.
(b) Any reasonable costs incurred by the TBI or FBI, or both, in conducting an investigation of an applicant shall be paid by the applicant. In lieu of additional criminal history records checks for subsequent applications to the selected teacher training program, the applicant may submit copies of the applicant's initial criminal history records check documentation and shall not be required to pay any additional costs.
(c) The criminal history records check performed pursuant to this section shall meet all requirements for criminal history records checks related to observations or teaching as part of the teacher training program.
(d) Any criminal history records check performed pursuant to this section shall not be submitted and used for the criminal history records check required under § 49-5-413 for employment by an LEA or child care program as defined in § 49-1-1102.

§ 49-5-5611. Allowing equal access for domestic professional educators' organizations.

(a) Public institutions of higher education that provide teacher training programs shall allow equal access to any domestic professional educators' organization.
(b) As used in this section:
1. (1) “Domestic professional educators' organization” means an organization that:
  1. (A) Is incorporated under title 48, chapter 52;
  2. (B) Solicits professional membership from all certificated employees of LEAs;
  3. (C) Grants the same rights and privileges of membership to all its professional members; and
  4. (D) Provides equal services to its professional members; and
2. (2) “Equal access” includes, but is not limited to, the following types of activities:
  1. (A) Distributing information on the campus of a public institution of higher education;
  2. (B) Recruiting and speaking on campus to groups of students who are in teacher training programs at a public institution of higher education;
  3. (C) Using meeting rooms of a public institution of higher education to meet with students in teacher training programs; and
  4. (D) Posting information, if permitted, on a public institution's campus bulletin boards.
(c) Use of campus facilities by a professional educators' organization shall be governed by the rules and regulations on access and use of campus property and facilities adopted by the governing body of the public institution of higher education.

§ 49-5-5612. Coursework on neurological and brain science research.

Teacher training programs at public institutions of higher education are authorized and encouraged to offer coursework on neurological or brain science research.

§ 49-5-5613. Religious content in curriculum.

Teacher training institutions shall provide candidates with instruction on what is constitutionally permissible when teaching religious content and strategies for dealing with religious content in curriculum that are educationally sound, fair, neutral, and objective.

§ 49-5-5614. Access to evaluation data from teacher training programs.

The department of education shall provide all state board of education approved teacher training programs access to annual evaluation data for teachers and principals graduating from the programs for a minimum of five (5) years following the completion of the program. Data made available to teacher training programs shall not be a public record and shall be used only for the purpose of making improvements to the program. Each program receiving the annual evaluation data shall execute a signed data-sharing agreement with the department of education that includes provisions safeguarding the privacy and security of the data.

1 Backlink

49-5-5619(b)(2)(A)

§ 49-5-5615. Training on teacher code of ethics required.

State-approved teacher preparation programs shall require all teacher candidates to complete training on the teacher code of ethics found in part 10 of this chapter as part of the program.

1 Backlink

49-5-110(a)(4)(C)

§ 49-5-5616. Report of state-board-of-education approved teacher preparation program.

(a) Each state-board-of-education approved teacher preparation program shall report for each school year:
1. (1) The number of its program completers who, in the completer's first year of service as a teacher of record, received a score of “below expectations” or “significantly below expectations” on the completer's overall evaluation. The report shall be filed with the Tennessee higher education commission, the state board of education, and the chairs of the education committees of the senate and house of representatives. The state board of education may include this information in its annual teacher preparation report card prepared pursuant to § 49-5-108; and
2. (2) The estimated cost to the institution of providing remediation to a teacher who completed its state-board-of-education approved teacher preparation program and who, in the teacher's first year of service as a teacher of record, received a score of “below expectations” or “significantly below expectations” on the teacher's overall evaluation and who has been recommended for remediation by the teacher's director of schools, or the director's designee. The report shall detail the estimated costs of providing remediation in person, remotely, or online.
(b) Notwithstanding subsection (a), if a state-board-of-education approved teacher preparation program reports, for any school year, no more than ten (10) program completers who, in the completer's first year of service as a teacher of record, receive a score of “below expectations” or “significantly below expectations” on the completer's overall evaluation, then that data shall not be made publicly available in order to safeguard the privacy of individual teacher data.
(c) The general assembly encourages each state-board-of-education approved teacher preparation program to collaborate with the program's primary partnership local education agencies to support its program completers who are in the completers' first year of service as a teacher of record in kindergarten through grade twelve (K-12) schools.

§ 49-5-5617. Requirements for teacher endorsement.

All courses taken toward meeting the requirement for a teacher endorsement shall be selected from those courses required for an academic major in the various fields of the arts and sciences or from colleges of business or engineering, if applicable. This requirement shall not apply to standard methods courses or other courses designed especially for training elementary teachers.

§ 49-5-5618. Teacher training faculty involvement in pre-kindergarten through grade twelve.

(a) All full-time educator preparation program faculty members, including academic deans or executive leaders of such educator preparation programs, who are involved in the preparation of teachers, shall further their professional development through direct personal involvement in the public school or local education agency setting of pre-kindergarten through grade twelve (pre-K-12) on an annual basis.
(b) The faculty involvement must include:
1. (1) Professional learning targeted to or led by pre-k through grade twelve (pre-K-12) educators;
2. (2) Professional learning focused on local education agency specific educational initiatives;
3. (3) Direct instruction to pre-k through grade twelve (pre-K-12) students;
4. (4) Curriculum development;
5. (5) District level strategic partnerships; or
6. (6) Direct observation of pre-k through grade twelve (pre-K-12) classrooms.
(c) In accordance with state board of education policy, all preparation providers shall establish state-recognized partnerships with each local education agency where enrolled candidates will complete any aspect of clinical practice.
(d) Primary partnership agreements must detail how the college of education faculty detailed in subsection (a) shall engage with at least one (1) local education agency and describe faculty involvement activities listed in subsection (b).
(e) After implementation, the state board of education shall meet at least annually for structured meetings to coordinate policy on educator preparation, including, but not limited to, collaboration between colleges of education, colleges of education faculty, and local education agencies. The Tennessee higher education commission, the state's educator preparation programs, and the Tennessee Independent Colleges and Universities Association shall be invited to participate.
(f) The state board of education may review educator preparation programs for noncompliance with this section.
(g) This section shall not apply to a solely online college or university.

§ 49-5-5619. Foundational literacy skills standards — Training on reading instruction — Reading instruction test — Report on first-time pass rate.

(a) By July 31, 2021:
1. (1) The department shall develop and submit to the state board for approval, foundational literacy skills standards for use by all educator preparation providers for the instruction of candidates seeking a license to teach students in kindergarten through grade three (K-3);
2. (2) The department shall develop and submit to the state board for approval, foundational literacy skills standards for use by educator preparation providers in instructional leadership specialty area programs for the instruction of candidates seeking an instructional leader license;
3. (3) The foundational literacy skills standards must include, at a minimum:
  1. (A) How to effectively teach the foundational literacy skills of phonemic awareness, phonics, fluency, vocabulary, and comprehension;
  2. (B) How to differentiate instruction for teaching students with advanced reading skills and students with significant reading deficiencies, as defined in § 49-1-903;
  3. (C) Dyslexia identification and providing effective instruction for teaching students with dyslexia using appropriate scientific research and brain-based multisensory intervention methods and strategies consistent with § 49-6-3004(c)(1)(A);
  4. (D) How to implement reading instruction using high-quality instructional materials;
  5. (E) Behavior management, trauma-informed principles and practices for the classroom, and other developmentally appropriate supports to ensure that students can effectively access reading instruction; and
  6. (F) How to administer universal reading screeners to students and use the resulting data to improve reading instruction for students.
(b)
1. (1) Beginning August 1, 2022, educator preparation providers must provide to candidates seeking licensure to teach students in kindergarten through grade three (K-3), as well as candidates seeking an instructional leader license, training on reading instruction focused primarily on the foundational literacy skills standards developed and approved in accordance with subsection (a).
2. (2)
  1. (A) By August 1, 2024, and by each August 1 thereafter, the department, in consultation with the state board, shall annually report to the education committees of the senate and house of representatives the number and percentage of persons licensed to teach students in kindergarten through grade three (K-3) who are employed in Tennessee schools; who are trained by a state board-approved educator preparation provider or another entity responsible for managing, operating, or coordinating programs for the preparation and licensure of teachers, school leaders, and other school personnel; and who earned, for the immediately preceding school year, an overall performance evaluation level of “significantly above expectations,” “above expectations,” “at expectations,” “below expectations,” and “significantly below expectations.” Notwithstanding § 49-5-5614, the department shall publish the report on the department's website.
  2. (B) The report required by subdivision (b)(2)(A) must include the following information in both a graphic and tabular format:
    1. (i) The numbers and percentages calculated pursuant to subdivision (b)(2)(A) for each of the three (3) most recent years of teacher overall performance evaluation level scores, aggregated by year and program;
    2. (ii) The annual percentage by which each program is expected to reduce the percentage of persons licensed to teach students in kindergarten through grade three (K-3) who are employed in Tennessee schools; trained under this section; and who earned, for the immediately preceding school year, an overall performance evaluation level score of “below expectations,” or “significantly below expectations,” as determined by the department;
    3. (iii) How the number and percentage of persons licensed to teach students in kindergarten through grade three (K-3) who are employed in a Tennessee school; trained by a state board-approved educator preparation provider or another entity responsible for managing, operating, or coordinating programs for the preparation and licensure of teachers, school leaders, and other school personnel; and who earned, for the immediately preceding school year, an overall performance evaluation level score of “below expectations” or “significantly below expectations” change over time, aggregated by year and program; and
    4. (iv) A comparison of the changes in percentages of overall performance evaluation level scores described in subdivision (b)(2)(B)(iii) with the expected reductions in the percentage of licensed teachers described in subdivision (b)(2)(B)(ii), with the programs evaluated on their success in reaching the expected reductions.
  3. (C) The state board of education may place on probationary status or revoke the approval of an educator program provider or any other Tennessee educator issuing entity if the program fails to meet the standards established by the state board of education.
  4. (D) The state board of education may promulgate rules as necessary to effectuate the requirements of subdivisions (b)(2)(A) and (B). The rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(c)
1. (1) Effective August 1, 2023, an applicable candidate must:
  1. (A) Provide a certificate documenting the candidate's passage of a Tennessee reading instruction test developed or identified by the department and approved by the state board that tests the candidate's knowledge of foundational literacy skills instruction, as defined in § 49-1-903; or
  2. (B) Provide evidence documenting the candidate's completion of a foundational literacy skills instruction course, as described in § 49-1-906, within the previous year.
2. (2) The department shall recommend to the state board for approval, the score that constitutes passage of the test described in subdivision (c)(1)(A).
3. (3) The department shall provide the test described in subdivision (c)(1)(A) at no cost to the candidate or educator preparation provider.
4. (4) As used in this subsection (c), “applicable candidate” means:
  1. (A) A candidate seeking an initial teaching license or endorsement, or renewing a teaching license, that authorizes the candidate to teach students in kindergarten through grade three (K-3);
  2. (B) A candidate seeking an initial instructional leader license, or renewing or advancing an instructional leader license;
  3. (C) A candidate enrolled in a state-board-approved, post-baccalaureate educator preparation program who holds an initial license authorizing the candidate to teach students in kindergarten through grade three (K-3); who has demonstrated content knowledge in accordance with the state board's rules and policies; and who is seeking renewal or advancement of the initial teaching license;
  4. (D) A candidate for an initial teaching license that authorizes the candidate to teach students in kindergarten through grade three (K-3) who possesses an active professional-level license in a state that has a reciprocal agreement with the state board pursuant to § 49-5-109, and who is seeking renewal or advancement of the initial teaching license;
  5. (E) A candidate for an initial instructional leader license who possesses an active professional-level license in a state that has a reciprocal agreement with the state board pursuant to § 49-5-109, and who is seeking renewal or advancement of the initial instructional leader license; or
  6. (F) A candidate seeking to renew a professional-level license that authorizes the candidate to teach students in kindergarten through grade three (K-3).
(d) The department shall report the first-time pass rate of applicable candidates on the test described in subdivision (c)(1)(A) to the state board. The state board shall include the first-time pass rate of applicable candidates on the test described in subdivision (c)(1)(A) from each approved educator preparation provider in the state board's annual teacher preparation report card prepared pursuant to § 49-5-108.

4 Backlinks

§ 49-5-5620. Annual meeting of educator preparation providers — Alignment of instruction provided to candidates with literacy standards.

(a) The department of education, in coordination with the Tennessee higher education commission, shall annually convene a meeting of all approved educator preparation providers responsible for managing, operating, or coordinating programs for the preparation and licensure of teachers, school leaders, and other school personnel. The department shall invite LEAs and public charter schools to participate.
(b) The purpose of the meeting is to ensure that the instruction provided to candidates enrolled in an approved educator preparation provider that is aligned with the foundational literacy skills standards established pursuant to § 49-5-5619 is implemented cohesively and in coordination with the foundational literacy skills instruction provided to students pursuant to chapter 1, part 9 of this title and with all other applicable literacy standards approved by the state board.
(c) During the meeting, participants shall review:
1. (1) High-quality instructional materials adopted by approved educator preparation providers; and
2. (2) Modules and any other products developed to support statewide implementation of foundational literacy skills standards and instruction.

Part 57 Principal-Administrator Academy

§ 49-5-5701. Principal-administrator academy created.

(a) There is created the Tennessee principal-administrator academy under the auspices of the department of education. The academy is not a single institution, but an organizational framework for a wide array of educational and training programs for school leaders, conducted at several sites in the three (3) grand divisions by the department.
(b) The academy shall be a program of the department and shall be under the management and control of the commissioner.

§ 49-5-5702. Purpose and duties of academy.

(a) Training opportunities for principals and appropriate supervisory and administrative staff shall be made available through the academy within the limits of the approved budget of the department of education. The purpose of the academy is to instill and reinforce instructional leadership for educational effectiveness. The academy will consist of, but not be limited to, seminars and symposia for provisional principals and supervisors, special topic workshops, skill-building programs, advanced leadership training, appropriate programs for central office personnel and such other programs as may be devised by the department.
(b) The academy shall also offer training to educators in evaluation techniques and procedures consistent with the evaluation processes provided for in parts 50 and 52-55 of this chapter [repealed].
(c) The commissioner shall approve all training activities of the academy, which will be provided by department staff, university-based experts, outstanding school practitioners, the professional associations and such others as determined by the commissioner.
(d) The academy will include summer institutes especially for school principals and administrators provided at several sites in the three (3) grand divisions.
(e) The academy shall also offer training to educators on the various needs of children with behavioral and emotional disorders as they relate to discipline policies and procedures.

§ 49-5-5703. Principals and administrators to attend academy.

(a) Each principal and administrator shall be required to attend the principal-administrator academy for instruction at least once every five (5) years; provided, that the commissioner may, at the commissioner's discretion, grant an extension not to exceed one (1) additional year to any principal or administrator who has not satisfied the attendance requirements of this subsection (a). The commissioner shall prescribe procedures to review and evaluate the various components of the academy to ensure a high level of instruction for the participants. The requirement for attendance at the principal-administrator academy shall be optional to any principal, supervisor, or other administrator who would otherwise be required to attend, however classified, with fifteen (15) or more years of experience as a principal, supervisor or other administrator unless the local board of education requires such attendance.
(b) In order to provide for orderly admission of principals and administrators within the requirements of subsection (a), the commissioner shall establish admission procedures for the academy.

§ 49-5-5704. Costs of academy attendance.

The institutes shall be provided without cost to those attending; however, participant travel, living and incidental costs may be at the expense of the participant; or if the LEA so determines, it may reimburse from school funds its participants for their reasonable expenses, not exceeding amounts authorized for state employees in the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.

Chapter 6 Elementary and Secondary Education

Part 1 Preschools

§ 49-6-101. Preschools generally — Special services.

(a) Any board of education operating public elementary or secondary systems of education under the laws of this state may provide for, establish and maintain schools for children under six (6) years of age under such rules and regulations as may be prescribed by the state board of education.
(b) The school boards shall be authorized to receive and accept any federal funds or state funds that hereafter may be specifically appropriated for preschool purposes, or gifts, donations or grants that may be received for such purposes, and to expend the funds in conformity with the provisions that may be set forth in the appropriations, grants, gifts or donations.
(c)
1. (1) Schools for preschool children organized as public schools or as public school classes under parts 1 and 2 of this chapter shall be maintained and supported from local taxes or from such local tax funds supplemented by any federal funds or state funds that hereafter may be appropriated specifically for preschool purposes, or from such gifts, donations or grants as may be received for preschool purposes.
2. (2) State funds appropriated for grades kindergarten through twelve (K-12) and any local funds that are required pursuant to the Tennessee investment in student achievement formula (TISA) shall not be used for preschool purposes.
3. (3) In the event that an appropriation is made by the state for preschool purposes, the average daily attendance of the preschool age pupils shall be reported to the department of education in such manner and on such forms as shall be prescribed by the commissioner.
(d) Except as otherwise provided in this part, the state board of education, through the commissioner, shall exercise general control over all schools or classes operated under parts 1 and 2 of this chapter, and the school board, having immediate control of such schools or classes, shall at all times have complete jurisdiction and control over such schools, including the employment of teachers, attendants and any other employees, and shall have complete control, subject to the supervision of the commissioner, of the expenditure of such funds in connection with the establishment and maintenance of such schools.
(e) This part and part 2 of this chapter shall not apply to any preschool age units now being operated by any incorporated city for the benefit of children of working mothers, without the approval of the city officials.
(f) [Deleted by 2022 amendment.]

§ 49-6-102. Short title for §§ 49-6-103 — 49-6-110.

Sections 49-6-103 — 49-6-110 shall be known and may be cited as the “Voluntary Pre-K for Tennessee Act of 2005.”

§ 49-6-103. Legislative intent — Construction — Implementation.

(a) It is the legislative intent that, based on the success of Tennessee's existing pilot pre-kindergarten programs, these programs be expanded on a voluntary basis by LEAs and the communities they serve to provide more opportunities for quality early childhood education and pre-kindergarten experiences while meeting standards for kindergarten readiness.
(b) Nothing in this section and §§ 49-6-104 — 49-6-110 shall be construed to make enrollment in these programs mandatory, nor shall anything in this section and §§ 49-6-104 — 49-6-110 be construed to be an entitlement to any service or program authorized by §§ 49-6-104 — 49-6-110.
(c) Implementation of these programs by LEAs shall be voluntary.

12 Backlinks

§ 49-6-104. Voluntary pre-kindergarten program that serves at-risk children — Enrollment — Requirements of programs.

(a) As used in this part, “at-risk children” means:
1. (1) Children who are:
  1. (A) Four (4) years of age on or before August 15; and
  2. (B) Members of families with incomes that meet the eligibility requirements for free or reduced-price lunch as determined pursuant to 42 U.S.C. § 1771; or
2. (2) Dependent children, as defined by § 49-7-102(c), who are four (4) years of age on or before August 15, whose parent was killed; died as a direct result of injuries received or has been officially reported as being either a prisoner of war or missing in action while serving honorably as a member of the United States armed forces during a qualifying period of armed conflict as defined by § 49-7-102(c); or was formerly a prisoner of war or missing in action under such circumstances, who can present:
  1. (A) Official certification from the United States government that the parent veteran was killed or died as a direct result of injuries received while serving honorably as a member of the United States armed forces during a qualifying period of armed conflict; or
  2. (B) Official certification from the United States government that the parent veteran has been officially reported as being a prisoner of war or missing in action while serving honorably as a member of the United States armed forces during a qualifying period of armed conflict or was formerly a prisoner of war or missing in action under such circumstances as appropriate within one hundred eighty (180) days prior to applying for services under this section.
2 Backlinks
- 49-6-1502(6)(A)(iii)
- 49-6-1502(6)(C)(iii)
(b) An LEA may establish a voluntary pre-kindergarten program that serves at-risk children residing in the geographic area served by the LEA in accordance with this section. A voluntary pre-kindergarten program must be designed to comprehensively address the educational needs of children who are not otherwise eligible for similar programs or who do not have access to a pre-kindergarten program that includes, but is not limited to, the cognitive, physical, social, and emotional needs of children participating in the program.
(c)
1. (1) The department shall establish an initial enrollment deadline that an LEA must use to determine if a voluntary pre-kindergarten classroom provided by the LEA has space available to enroll students in addition to at-risk children residing in the geographic area served by the LEA.
2. (2) If the number of at-risk children seeking to enroll in an LEA's voluntary pre-kindergarten program on the date of the initial enrollment deadline does not meet the maximum class size of the pre-kindergarten classroom provided by the LEA as part of the LEA's voluntary pre-kindergarten program, then the LEA may enroll children who are not at-risk children, but who reside within the geographic area served by the LEA and who are:
  1. (A) Four (4) years of age, with or without a disability, on or before August 15;
  2. (B) Three (3) years of age on or before August 15 and:
    1. (i) Who have been in the Tennessee Early Intervention System (TEIS); or
    2. (ii) Who are screened and identified as educationally at-risk, as determined pursuant to the Individuals with Disabilities Education Act (20 U.S.C. § 1400 et seq.); or
  3. (C) Three (3) years of age on or before August 15, who are members of families with incomes that meet the eligibility requirements for free or reduced-price lunch, as determined pursuant to 42 U.S.C. § 1771.
(d) A voluntary pre-kindergarten program established pursuant to this section must:
1. (1) Consist of a maximum class size of twenty (20);
2. (2) Have at least one (1) licensed teacher per classroom who is certified in early childhood education;
3. (3) Have at least one (1) educational assistant per classroom who holds a child development associate credential or associate degree in early childhood education, or who is actively working toward acquiring such credentials; provided, however, that if a person with such credentials is unavailable, then educational assistants who hold a high school diploma and who have relevant experience working with children in pre-kindergarten or other early childhood programs may be employed to satisfy this requirement;
4. (4) Provide a minimum of five and one-half (5.5) hours of quality instructional time per day;
5. (5) Use an educational, age-appropriate curriculum that is aligned with the early learning standards approved by the department of education and that includes, at a minimum, literacy, writing, math, and science skills;
6. (6) Have a developmental learning program that addresses the cognitive, physical, emotional, social, and communication areas of child development;
7. (7) Meet the criteria for a “high quality pre-kindergarten program,” as identified by the department of education; and
8. (8) Comply with the state board of education's rules and policies related to early childhood education and pre-kindergarten programs.
(e) Enrollment in a voluntary pre-kindergarten program is voluntary.

1 Backlink

49-6-103(b)

§ 49-6-105. Application for funding and approval — Collaborative agreements.

(a) LEAs may apply to the department of education for funding and approval of one (1) or more pre-kindergarten programs. LEAs may contract and enter into collaborative agreements for operation of these programs with nonschool system entities in the geographical area served by the LEA, including, but not limited to, nonprofit and for-profit child care providers and Head Start programs. LEAs shall not contract or collaborate with any child care provider licensed by the department of human services, unless that provider has attained the highest designation under the rated licensing system administered by the department of human services, pursuant to title 71, chapter 3, part 5.
(b) As part of the application process, the LEA shall include a statement that it has given consideration to how to serve all children four (4) years of age within the geographical area served by the LEA, in the event programs are later authorized for all children, regardless of at risk status. The long range plan shall include the proposed sources of local matching funds required under §§ 49-6-103 — 49-6-110. Where applicable, the LEA is encouraged to include a resolution of support from the local governing body indicating intent to appropriate the required local matching funds. Applications that target establishing programs for at-risk children not served by an existing program shall be given preference in the application process. Documentation of local financial support shall also be considered as a factor in the application process. LEAs are encouraged to collaborate with nonschool system entities where such collaboration provides an efficient means for expansion of pre-kindergarten classrooms authorized under §§ 49-6-103 — 49-6-110.
(c) The commissioner of education shall establish the system for submitting applications and, subject to available funding, programs shall be approved on a competitive basis.
(d) An LEA shall include as part of its application:
1. (1) A plan for ensuring coordination between voluntary pre-kindergarten classrooms and elementary schools within the LEA, with the goal of ensuring that elementary grade instruction builds upon pre-kindergarten classroom experiences;
2. (2) A plan for engaging parents and families of voluntary pre-kindergarten students throughout the school year; and
3. (3) A plan for delivering relevant and meaningful professional development to voluntary pre-kindergarten teachers, specific to ensuring a high quality pre-kindergarten experience.
(e) LEAs that receive pre-kindergarten program approval under §§ 49-6-103 — 49-6-110 shall utilize the pre-k/kindergarten growth portfolio model approved by the state board of education, or a comparable alternative measure of student growth approved by the state board of education and adopted by the LEA, in the evaluation of pre-kindergarten and kindergarten teachers pursuant to § 49-1-302.
2 Backlinks
- 49-1-302(d)(2)(B)(xi)
- 49-6-1508(d)
(f) Each LEA shall notify all teachers evaluated using a growth portfolio model of training and professional development opportunities available on growth portfolio models.
(g) Prior to the 2018-2019 school year, the department of education shall study the pre-k/kindergarten growth portfolio model, including the portfolio rubric, the method for the collection and submission of student work artifacts, and scoring. The study shall include feedback from pre-kindergarten and kindergarten teachers, as well as other teachers using other growth portfolio models.
(h)
1. (1) Notwithstanding subsection (e) or § 49-1-302(d)(2)(B)(ix), the state shall not require pre-kindergarten and kindergarten teachers employed in an LEA that receives pre-kindergarten program approval under §§ 49-6-103 — 49-6-110 to be evaluated using the pre-k/kindergarten growth portfolio model approved by the state board of education, or a comparable alternative measure of student growth approved by the state board of education and adopted by the LEA, for the 2019-2020 or 2020-2021 school year.
2. (2) This subsection (h) does not prohibit an LEA or public charter school from evaluating pre-kindergarten and kindergarten teachers using the pre-k/kindergarten growth portfolio model approved by the state board of education, or a comparable alternative measure of student growth approved by the state board of education and adopted by the LEA or public charter school, for the 2019-2020 or 2020-2021 school year. If an LEA or public charter school chooses to evaluate its pre-kindergarten and kindergarten teachers, for the 2020-2021 school year, using the pre-k/kindergarten growth portfolio model approved by the state board of education, or a comparable alternative measure of student growth approved by the state board of education and adopted by the LEA or public charter school, then the LEA or public charter school must notify the department by March 1, 2021.
3. (3) If an LEA or public charter school chooses to evaluate its pre-kindergarten and kindergarten teachers, for the 2019-2020 or 2020-2021 school year, using the pre-k/kindergarten growth portfolio model approved by the state board of education, or a comparable alternative measure of student growth approved by the state board of education and adopted by the LEA or public charter school, then data generated from the pre-k/kindergarten growth portfolio model, or the comparable alternative measure of student growth, shall not comprise the student growth portion of a teacher's evaluation, as described in § 49-1-302(d)(2)(B)(ii), unless such use results in a higher final evaluation score for the teacher.
4. (4) As used in this subsection (h), “final evaluation score” has the same meaning as defined in § 49-1-302(d)(8).
(i) Selection of voluntary pre-kindergarten program sites must take into consideration the areas of greatest need, which may be determined by, but not limited to:
1. (1) School service areas with high percentages of children from families with incomes that meet the eligibility requirements for free or reduced-price lunch, as determined pursuant to 42 U.S.C. § 1771; or
2. (2) Access to early childhood education and pre-kindergarten programs within the county.

§ 49-6-106. Community pre-K advisory council — Input on application by council.

(a) Each LEA applying for programs under §§ 49-6-103 — 49-6-110 shall create and appoint a community pre-K advisory council. The director of schools, or the director's designee, shall serve as chair and coordinate the activities of the council. The council shall include, but not be limited to, members representing the local school board, parents, teachers, nonprofit providers, for-profit providers, Head Start, the business community and local government funding bodies, where applicable. The council shall provide input to the local board of education in creating the board's application for programs, taking into consideration the number and type of existing programs currently serving children four (4) years of age within the geographical area served by the LEA.
(b) While the content of the final application for programs shall be within the sole authority of the local school board, no board shall submit an application without first allowing the council to provide input, either in writing or otherwise, and without first giving due consideration to the council's input and recommendations. The board's application shall include a description of the extent to which the council was afforded an opportunity to provide input in the application process.

§ 49-6-107. Programs subject to annual appropriations — Matching funds — Fees and tuition.

(a) Programs established under §§ 49-6-103 — 49-6-110 shall be subject to annual appropriations.
(b) The commissioner of education shall annually recommend a funding amount per classroom for those classrooms established under §§ 49-6-103 — 49-6-110. The commissioner shall take into account the necessary components required to operate such classrooms and, to the extent such components are also reflected in the Tennessee investment in student achievement formula (TISA), shall include the same costs per component in recommending the amount of funding per classroom.
(c) As a condition of receiving state funds for classrooms pursuant to §§ 49-6-103 — 49-6-110, the LEA shall provide a matching amount of funds based on the Tennessee investment in student achievement formula (TISA). In addition, other sources of funds, such as grants, federal funds and private funds may be used by the LEA to meet the matching funds requirement under this section. The LEA may also meet the matching funds requirement under this section through in-kind matches, including, but not limited to, the use of non-LEA owned physical facilities, instructional materials, equipment and supplies, food and nutrition services and transportation services. Funds used by the LEA to meet the matching requirements of this section, regardless of their source, shall not be used in calculating the maintenance of the local funding effort requirement, pursuant to § 49-3-314. Any local funding shall be subject to annual appropriations by the local governing body.
(d) No child shall be required to pay tuition or fees solely for the purpose of enrolling in or attending a pre-kindergarten program established under §§ 49-6-103 — 49-6-110. Nothing in this section prohibits charging fees for childcare that is provided outside the times of the instructional day provided in these programs.
(e) No state funds received for pre-kindergarten programs pursuant to §§ 49-6-103 — 49-6-110 shall be used to supplant any other state or local funds for pre-kindergarten programs.

§ 49-6-108. Office of early learning.

There is established within the department of education an office of early learning. The office shall:
1. (1) Administer the pre-kindergarten classroom application process;
2. (2) Provide oversight, monitoring, technical assistance, coordination and training for pre-kindergarten classroom providers;
3. (3) Serve as a clearinghouse for information and best practices related to pre-kindergarten programs;
4. (4) Coordinate activities and promote collaboration with other departments of state government in developing and supporting pre-kindergarten programs;
5. (5) Review existing regulations and standards, and recommend needed changes, to promote a consistent approval, assessment and monitoring process for providers of pre-kindergarten programs established under §§ 49-6-103 — 49-6-110; and
6. (6) Provide an annual report to the governor and the general assembly on the status of pre-kindergarten programs, which shall include, at a minimum, the number, location and types of providers of pre-kindergarten classrooms and the number of at-risk children served. The annual report shall be posted on the department of education, office of early learning website to provide public access to the report.

§ 49-6-109. Establishment of Tennessee preschool task force — Pilot programs — Rules promulgation.

(a) The department of education shall conduct a statewide needs analysis of preschool education in Tennessee. The analysis must include, but is not limited to, gaps between family demand for preschool services and the availability of high-quality preschool opportunities. The department shall report the results of the statewide needs analysis on the department's website no later than March 31, 2024.
(b)
1. (1) The department shall establish the Tennessee preschool task force to assist in developing a strategic plan for preschool education in this state and to provide recommendations on high-quality preschool programming.
2. (2) Membership on the task force must include, but is not limited to:
  1. (A) A representative from the department of education;
  2. (B) A representative from the department of human services;
  3. (C) A member of the education administration committee of the house of representatives;
  4. (D) A member of the education instruction committee of the house of representatives;
  5. (E) A member of the education committee of the senate;
  6. (F) A community member; and
  7. (G) A parent.
3. (3) By June 1, 2024, the Tennessee preschool task force, in conjunction with the department of education, shall develop a strategic plan for preschool education in this state with recommendations on how to expand preschool opportunities. The strategic plan and recommendations must be submitted to the education committees of the senate and house of representatives.
(c) Subject to available funding, the department of education shall implement a pilot program to award grant funds to five (5) LEAs to implement innovative and high-quality preschool programs in the 2023-2024 school year. The department shall assess the effects of the pilot program to inform the task force's recommendations.
(d) The state board of education, in consultation with the department of education, is authorized to promulgate rules, including emergency rules, to effectuate this section. The rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

§ 49-6-110. Lottery proceeds.

For the programs authorized by §§ 49-6-103 — 49-6-110, the appropriation from excess net education lottery proceeds available under title 4, chapter 51 and chapter 4, part 9 of this title shall not exceed twenty-five million dollars ($25,000,000) in any fiscal year.

13 Backlinks

Part 2 Kindergarten

§ 49-6-201. Minimum Kindergarten Program Law.

(a) This section shall be known and may be cited as the “Minimum Kindergarten Program Law.”
(b) The minimum standards for kindergarten programs in the public school system shall be as follows:
1. (1) The kindergarten program shall offer only the conventional five-day week and shall coincide as nearly as practical with the school term of the local school system;
2. (2) The length of the kindergarten day shall not be less than four (4) hours; however, if one (1) individual teaches kindergarten more than one (1) session per day, the total number of students shall not exceed the number otherwise permitted by § 49-1-104 for one (1) kindergarten class;
3. (3) Children entering kindergarten must be five (5) years of age on or before August 15 each school year;
4. (4) Teachers of kindergarten shall hold a valid Tennessee license in accordance with the rules and regulations of the state board of education; and
5. (5) The employment of adult aides or teacher's aides for kindergarten is within the discretion of the local board of education.
(c) Each LEA operating elementary schools under the laws of this state shall establish and maintain kindergarten programs in accordance with subsection (b) and rules and regulations promulgated by the state board of education.
(d) No child shall be eligible to enter first grade after July 1, 1993, without having attended an approved kindergarten program; provided, that a child meeting the requirements of the state board of education for transfer or admission, as determined by the commissioner, may be admitted by an LEA, notwithstanding any other provision or act to the contrary.

2 Backlinks

Part 3 Elementary, Middle and Secondary Schools Generally

§ 49-6-301. “Schools” defined.

(a) “Elementary schools” are schools serving any combination of kindergarten through grade six (K-6). For purposes of federal funding, “elementary schools” are schools serving any combination of pre-kindergarten through grade six (pre-K-6).
(b) “Middle schools” are schools designed to serve grades five through eight (5-8) only, or any combination of grades five through eight (5-8).
(c) “Elementary and secondary” and “elementary or secondary” include elementary, middle and high school grades.

2 Backlinks

§ 49-6-302. Attendance and length of term.

(a) There shall be established and maintained in each local school district as many elementary schools as necessary for the instruction of all the children in the school district. This shall not be construed as to invalidate §§ 49-2-501 — 49-2-503 or § 49-2-1001.
(b) It is the duty of the respective board of education to run all schools of the local school district as nearly as practicable the same length of time.
(c) A school shall not be established with fewer than ten (10) students in average daily attendance.
(d) Local school district boards of education shall designate the schools that pupils shall attend.
(e) The board of education shall have due regard to increasing the length of the school terms for the benefit of the school district by limiting the number of schools and by consolidation whenever practicable.
(f) Any county board of education may admit to the elementary schools pupils resident in another county, as provided in § 49-6-3104.

§ 49-6-303. School counselors.

(a)
1. (1) Each LEA shall employ or contract with school counselors for pre-kindergarten through grade twelve (pre-K-12).
2. (2) The school counseling program shall be established and operated under guidelines adopted by the state board of education.
3. (3) The state board of education shall report on the implementation and effectiveness of the program in its annual report to the general assembly.
(b) School counselors shall provide preventive and developmental counseling to school students in order to prepare them for their school responsibilities and their social and physical development. In providing these services, school counselors shall:
1. (1) Aid children in academic development through the use and interpretation of test scores, improved pupil self-concept and early identification and attention to problems that are deterrents to learning and development;
2. (2) Act in a consultative role to teachers relative to the use of test scores and improvement of the learning environment, use of out-of-school resources and agencies and development of a home-school liaison;
3. (3) Offer services related to the identification and placement of children with handicapping conditions;
4. (4) Serve in a consultative role to parents, in a liaison capacity, as a resource in understanding growth and development problems and as an aid in understanding how some nonschool factors affect learning and achievement of children;
5. (5) Serve as a resource in decreasing discipline problems through an understanding of peer relations, teacher-pupil relations, social awareness and drug awareness;
6. (6) Aid in improving school attendance and retention by implementing an early identification and prevention program for potential attendance and retention problems;
7. (7) Serve as a resource in decreasing the incidence of juvenile delinquency by early intervention through guidance and counseling services;
8. (8) Act as a resource and consultant to teachers in implementing a career development program that, at the elementary school level, includes self-awareness, job awareness and prevocational orientation;
9. (9) Provide an available source for youngsters needing someone to just listen to their problems or concerns; and
10. (10) Serve as a resource and consultant to teachers in implementing an intervention program that utilizes conflict resolution and decision-making strategies aimed at preventing occurrences of disruptive acts by students within the school and on school property.
(c) The minimum requirement to be employed as a school counselor shall be an appropriate license granted by the state board of education.
(d) The school counselor may refer or help facilitate a referral of a parent or legal guardian's student to a counselor or therapist for mental health assessments or services. If a school counselor refers a student to a counselor or other mental health provider, neither the LEA nor the school counselor shall bear the cost of such services provided to the student.

1 Backlink

49-50-1001(b)(1)

§ 49-6-304. Toll-free number for reports of child abuse — Posting in area visible to all students — Other signage requirements.

(a) Every elementary and secondary school shall post in a clearly visible location in a public area of the school that is readily accessible to students a sign that contains the toll-free telephone number operated by the department of children's services to receive reports of child abuse or neglect.
(b) The sign shall be written using a format and language that is clear, simple, and understandable to students. The sign shall additionally also instruct students to call 911 for emergencies and provide directions for accessing the department of children's services website for more information on reporting abuse, neglect, and exploitation.
(c) Schools shall post the sign at each school campus in at least one (1) high-traffic, highly and clearly visible public area that is readily accessible to and widely used by students. The sign shall be on paper of eight and one-half inches (8½″) by eleven inches (11″) or larger in large print and placed at eye level to the student for easy viewing. Additionally, the current toll-free department of children's services abuse telephone number shall be in bold print.

§ 49-6-305. Patriotic societies.

(a) As used in this section, “patriotic society” or “society” means a group or organization listed in title 36 of the United States Code that is a youth membership organization with an educational purpose that aligns with the curriculum standards and promotes civic involvement.
(b) Beginning with the 2016-2017 school year, the principal of each school shall allow representatives of a patriotic society the opportunity to speak with students during school hours to inform the students of how the patriotic society may further the student's educational interest and civic involvement to better their schools, communities, and themselves.
(c) The patriotic society shall be given only one (1) day at the beginning of each academic school year, as approved by the principal, for the society to speak to the students at the school for no more than ten (10) minutes.
(d) The patriotic society shall provide verbal or written notice to the principal of the society's intent to speak to the students. The principal shall provide verbal or written approval of the specific day and time for the society to address the students.

§ 49-6-306. Scholars Summer Guide.

(a) Each student in grades kindergarten through eight (K-8) shall be given a Scholars Summer Guide prior to the last day of the school year.
(b) The Scholars Summer Guide shall be created by teachers, as determined by the school, who are familiar with future academic challenges facing students and shall provide each student with information regarding:
1. (1) Curriculum covered during the previous year that requires continued retention and repetition for students;
2. (2) Curriculum for the upcoming school year of which students should be aware, and areas that might be a challenge for students, with suggestions on how students can prepare for the upcoming year; and
3. (3) Summer reading and assignments.
(c) The Scholars Summer Guide may be personalized for students by teachers who are familiar with the student's current academic standing and potential future academic challenges.

§ 49-6-307. Scholars prep guide.

(a) LEAs shall require schools to provide each high school student in grades nine through twelve (9-12) a scholars prep guide upon registering for a course.
(b) The scholars prep guide shall be created by teachers, as determined by the school, who teach that course or are familiar with the course content and shall provide each student with information regarding the curriculum for that particular course, of which the student should be aware, and areas that might be challenging for students, with suggestions on how the student can best prepare for the course.
(c) The scholars prep guide may be personalized for students by teachers who are familiar with the student's current academic standing and potential future academic challenges.

§ 49-6-308. Pilot program to improve parent-teacher engagement.

(a) The department of education shall establish in no less than two (2) public schools a three-year pilot program to improve parent-teacher engagement in any grade from kindergarten through grade two (K-2). Public schools interested in participating in the program shall apply with the department. The department shall strive to select public schools that satisfy the following criteria:
1. (1) One (1) school from each grand division;
2. (2) At least one (1) urban, one (1) rural, and one (1) suburban school;
3. (3) At least one (1) school that primarily serves a minority population; and
4. (4) At least one (1) school in which eighty percent (80%) or more of the school's student population is eligible for free or reduced price lunch.
(b) The program shall begin with the 2018-2019 school year. Each school selected by the department to participate in the program shall be trained using a best practices model in the summer before any school selected to participate in the program is scheduled to begin classes for the 2018-2019 school year. The department shall organize a meeting with administrators from each of the schools selected to participate in the program, at which time the schools shall agree on the criteria to be used for the program from the chosen best practices model.
(c) Teachers participating in the program shall not be required to use the teacher's individual planning time or duty-free lunch or planning periods provided by § 49-1-302(e) for any duties or activities associated with the program.
(d) The department is authorized and empowered to contract with one (1) or more entities to provide parent-teacher engagement training to the teachers and principals of each school selected by the department to participate in the program.
(e) Throughout the program, the department shall collect and analyze:
1. (1) The number and percentage of parents who participated in the program and how many steps of the best practices model criteria they completed;
2. (2) The number and percentage of students meeting any academic goals established by the student, parent, and teacher as part of an initial parent-teacher conference or meeting;
3. (3) The academic performance goals met by students in any grade from kindergarten through grade two (K-2) whose parents and teachers participated in the program compared with the academic performance goals met by students in any grade from kindergarten through grade two (K-2) whose parents and teachers did not participate in the program;
4. (4) Data collected from a parent survey designed to gauge parent satisfaction with the program and to obtain suggestions from parents for ways to improve the program or to improve parent-teacher engagement in any grade from kindergarten through grade two (K-2); and
5. (5) Data collected from a teacher and principal survey designed to gauge teacher and principal satisfaction with the program and to obtain suggestions from teachers and principals for ways to improve the program or to improve parent-teacher engagement in any grade from kindergarten through grade two (K-2).
(f) The department shall submit an annual report on the outcomes of the pilot program to the education committee of the senate and to the education administration committee of the house of representatives no later than July 31, 2019, for the first year of the pilot program, and no later than July 31 of each remaining year.

§ 49-6-309. Access and opportunity act.

(a) Each LEA and public charter school shall provide transfer students and home school students who enroll or re-enroll in the LEA or public charter school in good academic standing with equal access to all academic and arts programs, clubs, events, and opportunities offered by the LEA or public charter school as provided to non-transfer students enrolled in the LEA or public charter school.
(b) Transfer students and home school students who enroll or re-enroll in an LEA or public charter school in good academic standing are immediately eligible to participate in all academic and arts programs, clubs, events, and opportunities offered by the LEA or public charter school.
(c) An LEA or public charter school is not required to guarantee a transfer student or a home school student who enrolls or re-enrolls in the LEA or public charter school a place or position on any team, club, or organization. LEAs and public charter schools are only required to provide such students the same opportunity to try out or participate that is provided to non-transfer students.

§ 49-6-310. Student's gender for purposes of participation in interscholastic activity or event — Policies — Private cause of action.

(a) A student's gender for purposes of participation in a public middle school or high school interscholastic athletic activity or event must be determined by the student's sex at the time of the student's birth, as indicated on the student's original birth certificate. If a birth certificate provided by a student pursuant to this subsection (a) does not appear to be the student's original birth certificate or does not indicate the student's sex upon birth, then the student must provide other evidence indicating the student's sex at the time of birth. The student or the student's parent or guardian must pay any costs associated with providing the evidence required under this subsection (a).
(b)
1. (1) The state board of education shall promulgate rules to ensure compliance with this section and to establish a procedure for how a portion of the state education finance funds are withheld pursuant to subsection (e). The rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
2. (2) Each local board of education and each governing body of a public charter school shall adopt and enforce a policy to ensure compliance with subsection (a) and the rules promulgated pursuant to subdivision (b)(1) in the public schools governed by the respective entity.
(c) If a public school or public charter school violates a policy adopted under subsection (b) by the school's governing board or body, and the violation deprives a student of an athletic opportunity or causes direct or indirect harm to the student, then the student or the student's parent or legal guardian, if the student is a minor, has a private cause of action for injunctive relief, damages, and any other relief available under law. The student or the student's parent or legal guardian is also entitled to the student's or the student's parent's or legal guardian's reasonable costs and attorney fees. A student or a student's parent or legal guardian has one (1) year from the date of a violation of a policy adopted under subsection (b) to file an action.
(d) As used in this section:
1. (1) “High school” means a school in which any combination of grades nine through twelve (9-12) are taught; and
2. (2) “Middle school” means a school in which any combination of grades five through eight (5-8) are taught.
(e) This section does not apply to students in any grade kindergarten through four (K-4).
(f) The commissioner of education shall withhold a portion of the state education finance funds that an LEA is otherwise eligible to receive if the LEA fails or refuses to comply with the requirements of this section. This subsection (f) does not apply to an LEA that fails or refuses to comply with the requirements of this section in response to a court or other legally binding order that prohibits the LEA from complying.

§ 49-6-311. Instruction provided to student who is identified for intervention through response to instruction and intervention (RTI2) framework.

The instruction provided to a student who is identified for intervention through the response to instruction and intervention (RTI) framework developed by the department of education must be determined by the student's LEA, based on the individual student's needs. This section does not prohibit the department from using universal screeners or other assessments to measure student performance throughout the school year or at designated benchmarks.

§ 49-6-312. Definition of antisemitism used in determining whether alleged act occurring on premises of public school was motivated by antisemitic intent.

(a) If a state governmental entity or an LEA receives a complaint from a person who alleges that antisemitism has occurred on the premises of a public school serving any of the grades kindergarten through twelve (K-12), or through electronic outreach from a public school serving any of the grades kindergarten through twelve (K-12), then the respective state governmental entity or LEA shall take into consideration the working definition of antisemitism adopted by the International Holocaust Remembrance Alliance (IHRA) on May 26, 2016, including the “contemporary examples of antisemitism,” in determining whether the alleged act was motivated by antisemitic intent.
(b)
1. (1) This section does not diminish or infringe upon rights protected under Article I, § 3 of the Constitution of Tennessee or the First Amendment to the Constitution of the United States.
2. (2) This section shall not be construed to conflict with other federal or state discrimination laws.
3. (3) This section does not alter the evidentiary requirements pursuant to which a state governmental entity or LEA determines that conduct, including harassment, amounts to actionable discrimination.

§ 49-6-313. Educational access for children of military families.

This state, and each school district and public school of this state, shall remove barriers to educational success imposed on children of military families because of frequent moves of their parents by extending the benefits and opportunities provided to children of active duty members of the uniformed services in the Interstate Compact on Educational Opportunity for Military Children, codified in § 49-12-301, to school-aged children in the household of a member of any reserve component of the armed forces of the United States, including members of the Tennessee army and air national guard, who are enrolled in any of the grades kindergarten through twelve (K-12).

Part 4 Junior and Senior High Schools Generally

§ 49-6-401. “Junior high schools” and “senior high schools” defined.

(a) “Junior high schools” are schools in which are taught any combination of grades corresponding to grade seven through grade ten (7-10); however, the school must include grade nine (9).
(b) “Senior high schools” are schools in which are taught any combination of grades corresponding to grade nine through grade twelve (9-12); however, the school must include grade twelve (12).

1 Backlink

49-2-501(c)

§ 49-6-402. Schools authorized.

Local boards of education are authorized and empowered to establish and maintain junior and senior high schools when, in the judgment of the boards, the system of public schools over which they exercise lawful control will, by the employment of this type of school organization, better serve the educational needs of the pupils enrolled in the schools.

§ 49-6-403. Attendance.

(a) There shall be maintained in each county of the state one (1) senior high school, which shall give at least one (1) full course of study approved by the state board of education. Local boards of education may establish additional high schools.
(b)
1. (1) No junior high school shall be established and maintained with fewer than one hundred (100) pupils in average daily attendance.
2. (2)
  1. (A) No senior high school shall be established and maintained with fewer than three hundred (300) pupils in average daily attendance.
  2. (B) Any senior high school in a state of transition may be initially established with fewer than three hundred (300) pupils in average daily attendance; provided, that as soon as the period of transition has been completed, the senior high school shall not have fewer than three hundred (300) pupils in average daily attendance.
  3. (C) Nothing in this part shall prohibit the consolidation of any two (2) or more high schools now established into one (1) high school, even though the combined average daily attendance of the pupils in the consolidated high school is less than that required in this part.
  4. (D) Nothing in this part shall be construed as abolishing any high school now established.
  5. (E) Local boards of education may, in unusual circumstances, establish and maintain high schools with fewer pupils in average daily attendance than is prescribed in this section; provided, that prior approval is granted by the commissioner of education and the state board of education upon request of the respective local board of education.
(c) Local boards of education shall designate the schools that the pupils shall attend.
(d) Any high school operated by a local board of education, sharing in state and local school funds, shall be open without tuition to all resident students eligible to attend under policies of the local board of education.
(e) High school pupils residing in one county may be admitted to the high schools of another county, as provided by § 49-6-3104.
(f) Each local board of education shall collect tuition from pupils who are not living in Tennessee at the same rate as the average cost per pupil in the LEA attended; provided, however, that pursuant to board policy, a child of an LEA employee residing outside of this state may attend a school within the LEA that employs the nonresident parent at no tuition charge. Tuition due under this subsection (f) must be paid to the bonded fiscal agent of the respective LEA to be credited toward the respective school fund. Pupils who pay tuition under this subsection (f) must not be counted in computing the average daily attendance for purposes of receiving state school funds.
(g) No high school shall be approved or its graduates given diplomas or statements of credits by the commissioner, or the average daily attendance of its students be counted in the distribution of the state and county high school funds, that does not meet the provisions of this part as to number and qualifications of teachers, number of students, school term, course of study and such other conditions as may be prescribed by the state board of education under this part.

§ 49-6-404. Teacher qualifications.

All teachers of any type of high school provided in this part shall be qualified by education or otherwise for giving instruction in the subjects of the course of study, and no person shall be employed to teach any subject or subjects in the schools who does not hold a license issued by the commissioner of education authorizing the person to teach those subjects.

§ 49-6-405. Promotion and graduation.

(a) Upon the completion of a junior high school course of study, pupils shall be given certificates of promotion to the next grade of the school system.
(b)
1. (1) On completion of a course of study in a senior high school, as provided in this part, pupils shall be given diplomas of high school graduation.
2. (2) If a high school pupil of senior class status is within two (2) or fewer credits of completion of a course of study that qualifies the pupil for high school graduation at the time of the high school graduation ceremony, the high school may compile a list of those pupils who may be recognized at the graduation ceremony in accordance with policy established by the local school board.
(c) If there are foreign exchange students in a high school, the local school board shall provide for the recognition of those students during the high school graduation ceremony.

§ 49-6-406. Military career information.

If a high school provides access to the campus or to student directory information to persons or groups that make students aware of occupational or educational options, the school shall provide access on the same basis to official recruiting representatives of the military forces of the state and the United States for the purpose of informing students of educational and career opportunities available in the military.

§ 49-6-407. Uniform grading system.

(a)
1. (1) Each LEA shall adopt and use the uniform grading system developed by the state board of education for students enrolled in grades nine through twelve (9-12). Each LEA must report students' grades using the uniform grading system for the purposes of application for postsecondary financial assistance administered by the Tennessee student assistance corporation.
2. (2) The uniform grading system developed by the state board of education for students enrolled in grades nine through twelve (9-12) must use the following grading scale:
  1. (A) A student earns an “A” letter grade if the student scores a percentage of points within the range of ninety (90) to one hundred (100);
  2. (B) A student earns a “B” letter grade if the student scores a percentage of points within the range of eighty (80) to eighty-nine (89);
  3. (C) A student earns a “C” letter grade if the student scores a percentage of points within the range of seventy (70) to seventy-nine (79);
  4. (D) A student earns a “D” letter grade if the student scores a percentage of points within the range of sixty (60) to sixty-nine (69); and
  5. (E) A student earns a failing or “F” letter grade if the student scores a percentage of points within the range of zero (0) to fifty-nine (59).
(b)
1. (1) The state board of education shall develop a uniform grading system for students enrolled in kindergarten through grade eight (K-8) that LEAs may adopt and implement.
2. (2) Beginning with the 2019-2020 school year, the state board of education shall not modify the uniform grading system for students enrolled in kindergarten through grade eight (K-8) more than once every two (2) years.
(c) This section does not prohibit the state board of education or an LEA from developing, adopting, or implementing a grading system for purposes other than reporting students' grades for postsecondary financial assistance under subsection (a).

§ 49-6-408. Administration of United States civics test.

(a) Beginning January 1, 2017, except as provided in subsection (c), a student, during the student's high school career, shall be given a United States civics test composed of questions from the one hundred (100) questions that are set forth within the civics test administered by the United States citizenship and immigration services to persons seeking to become naturalized citizens.
(b) An LEA shall prepare a test for its students composed of at least fifty (50) questions from those questions described in subsection (a). The test must be composed of at least twenty-nine (29) questions on American government, at least sixteen (16) questions on American history, and at least seven (7) questions on integrated civics. The LEA may prepare multiple versions of the test for use in different schools and at different times.
(c) A public high school may provide each student with the opportunity to take the test as many times as necessary for the student to pass the test.
(d) A student must correctly answer at least seventy percent (70%) of the questions to receive a passing score on the test.
(e) The department shall recognize a school on the department's website as a United States civics all-star school for any school year in which all of the school's seniors receiving a regular diploma make a passing grade of eighty-five percent (85%) or more on the United States civics test required under subsection (a).
(f) Notwithstanding § 49-6-6001(a), a student must take and pass the civics test required by this section in order to meet the social studies course credit requirements to earn a full diploma upon graduation from high school. A passing score on the civics test must be noted on a student's transcript.
(g) Notwithstanding subsection (f), for the 2019-2020 school year, a student is not required to take and pass the civics test required in this section to meet the social studies course credit requirements to earn a full diploma upon graduation from high school.

1 Backlink

49-6-1018(c)(6)

§ 49-6-409. Alternative methods for adult education.

(a) The department of education shall develop alternative methods by which adult students attending adult high schools may meet requirements that condition the receipt of credit for a course on a minimum number of contact hours. The alternative methods may be in lieu of all or part of the required contact hours. The alternative methods may include learning programs such as independent study under the guidance of a teacher at the adult high school, computer-assisted learning programs, on-line or distance learning programs, and work experience, if appropriate, for a particular course. Any student pursuing an alternate method of satisfying a contact hours requirement shall demonstrate mastery of the course content prior to receiving credit for the course.
(b) In addition to the alternative methods developed by the department of education pursuant to subsection (a), an adult high school may provide virtual instruction in accordance with the requirements of chapter 16, part 2 of this title; provided, however, that an adult high school that provides virtual instruction to students must satisfy the instructional time requirements established for adult high schools by the state board of education.

§ 49-6-410. “Secondary education” defined — Secondary school.

(a) “Secondary education” means education normally available and required by state standards to be taught to children enrolled in grades seven through twelve (7-12).
(b) A secondary school is a school that provides secondary education.

§ 49-6-411. Immunization records for dual enrollment students.

(a) Upon receiving a written request from the parent or guardian of a high school student, or a high school student who is eighteen (18) years of age or older, who is attempting to enroll in a postsecondary institution for the purpose of taking one (1) or more postsecondary courses while the student is still enrolled in high school, the high school shall forward to the postsecondary institution to which the student is seeking enrollment a copy of the complete immunization record for such student that is on file with the high school.
(b) The state board of education is authorized to promulgate rules and regulations to effectuate the purposes of this section. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

§ 49-6-412. Interest or career inventories — Career aptitude assessment.

(a) An LEA shall make an interest inventory such as the Kuder assessment, Myers-Briggs Type Indicator® personality inventory, the ASVAB, the College Board Career Finder, or other interest or career inventory available to public middle schoolers or ninth graders to assist students in determining the students' interests and in making career decisions.
(b)
1. (1) In order to help inform a student's high school plan of study, each LEA shall administer a career aptitude assessment to students in grade seven (7) or grade eight (8).
2. (2) A career aptitude assessment is a tool used to help a student understand how a variety of skills and attributes impact the student's potential success and satisfaction with different career options and work environments. The department of education shall identify career aptitude assessments that LEAs may administer for purposes of this subsection (b).
3. (3) Upon administering a career aptitude assessment to students in grade seven (7) or grade eight (8), an LEA shall provide the students with information on career and technical education opportunities offered by the LEA in which the student is eligible to participate.

§ 49-6-413. Voluntary participation in community service.

(a) A student attending a public high school is encouraged to participate voluntarily in at least ten (10) hours of community service each semester that the student is in attendance. The community service shall comply with the rules promulgated by the state board of education under subsection (c).
(b) The public high school from which a student who participated each semester of attendance in community service that meets the specifications of subsection (a) graduates shall recognize the student's achievement at graduation by awarding a certificate of service, placing an appropriate designation on the student's diploma or other credential, providing a ribbon or cord to be worn with the graduation regalia, or recognizing the community service in another suitable manner.
(c) The state board of education shall promulgate rules to effectuate the purposes of this section. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

§ 49-6-414. Early postsecondary credit courses — Notification of early college and career experiences.

(a) Beginning with the 2018-2019 school year, every LEA shall make available to students enrolled in its high schools opportunities to take at least four (4) early postsecondary opportunities, as defined by the department of education. These opportunities may be provided through traditional classroom instruction, online or virtual instruction, blended learning, or other educationally appropriate methods.
(b) LEAs are encouraged to partner with other LEAs or institutions of higher education to provide early postsecondary credit courses.
(c) Each LEA shall:
1. (1) Notify students and parents of students enrolled in grades nine through twelve (9-12) of all early college and career experiences offered by the LEA for the upcoming school year;
2. (2) Provide the notification required in subdivision (c)(1) by January 1 or at least one (1) week before students enrolled in grades nine through twelve (9-12) register for classes for the upcoming school year, whichever is earlier. The LEA shall provide the notification electronically or by mail; and
3. (3) Provide a list of all early college and career experiences offered by the LEA for the upcoming school year on the LEA's website.
(d) Each LEA is encouraged to advise students and parents of students enrolled in grades nine through twelve (9-12) of the benefits of participating in early college and career experiences.
(e) As used in this section:
1. (1) “Early college and career experiences” include, but are not limited to:
  1. (A) Early postsecondary opportunities, as defined by the department of education;
  2. (B) Work-based learning opportunities;
  3. (C) Apprenticeships;
  4. (D) Dual credit courses;
  5. (E) Dual enrollment courses;
  6. (F) Courses and examinations for which a student may earn college credit; and
  7. (G) Programs offered by a state college of applied technology through a partnership between the state college of applied technology and an LEA; and
2. (2) “Parent” means the parent, guardian, or legal custodian who is required under § 49-6-3001 to enroll the child in school.

§ 49-6-415. Recovery high schools.

(a) As used in this section:
1. (1) “Home district” means the LEA in which a student is enrolled full-time prior to enrollment in a recovery high school; and
2. (2) “Recovery high school” means a public school:
  1. (A) For students who have a primary or secondary alcohol or other drug abuse or dependency diagnosis or co-occurring substance use and psychiatric diagnosis, as defined by the American Society of Addiction Medicine (ASAM) or the current edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM);
  2. (B) That provides a high school education that leads to a diploma in compliance with the rules of the state board of education; and
  3. (C) With a structured plan of recovery for the students.
(b) Local boards of education may establish recovery high schools to serve eligible students in grades nine through twelve (9-12). In providing recovery high schools, any two (2) or more boards may join together and establish a recovery high school.
(c) Recovery high schools shall be operated pursuant to rules of the state board of education promulgated pursuant to this section.
(d) Enrollment in a recovery high school shall be voluntary.
(e) Recovery high schools may establish admissions requirements so long as the requirements are in accordance with state and federal law and the rules of the state board of education.
(f) A recovery high school may enroll students residing outside the LEA in which the recovery high school is located pursuant to the LEA out-of-district enrollment policy.
(g) If an out-of-district student enrolls in a recovery high school, the per pupil state and local funds generated and required through the TISA for the student's home district shall follow the student into the LEA in which the recovery high school is located.
(h) Tuition may be charged by a school district to out-of-district students enrolling in a recovery high school in accordance with § 49-6-3003 and with state and federal law.
(i) If a student enrolled in a recovery high school transfers to another public school, all course work completed and credits earned in the recovery high school shall be transferred.
(j) A student who graduates from a recovery high school shall receive a high school diploma from the high school that the student attended prior to enrolling in the recovery high school. If the student did not previously attend a high school prior to enrolling in the recovery high school, then such student shall receive a high school diploma from the school in which the student is zoned to attend.
(k) Recovery high schools shall provide special education services for students as provided in federal law, chapter 10 of this title, and in accordance with the rules of the state board of education.
(l) The administrator of a recovery high school shall provide a comprehensive annual report to the commissioner of education, the commissioner of mental health and substance abuse services, and the commissioner of health on each student's recovery, as allowed by federal and state law, including length of sobriety, whether the student is enrolled in a treatment program or attending recovery meetings, weekly urine screenings, behavior patterns, and attendance patterns.
(m) The administrator of a recovery high school shall provide the department of education and the state board of education with an annual report of the following:
1. (1) An analysis of the recovery high school's educational outcomes;
2. (2) The overall high school graduation rate;
3. (3) The retention rate of teachers and students;
4. (4) Student performance in courses required to graduate, as determined by the state board of education;
5. (5) Student achievement data based on state assessments; and
6. (6) The number of students attending a postsecondary institution.
(n) The state board of education, in consultation with the department of education, the department of health, and the department of mental health and substance abuse services, is authorized to promulgate rules and to adopt policies to effectuate the purpose of this section. Any rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

§ 49-6-416. Audit of voluntary association that establishes and enforces bylaws or rules for interscholastic sports competition for public secondary schools.

Any voluntary association that establishes and enforces bylaws or rules for interscholastic sports competition for public secondary schools in this state shall be subject to an annual audit by the comptroller of the treasury. At the discretion of the comptroller of the treasury, the audit may be prepared by a certified public accountant, a public accountant, or by the department of audit. The comptroller of the treasury may accept the association's own audit prepared by a certified public accountant that has been filed with the secretary of state to satisfy the requirements of this section. If the association 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 to prepare the audit. The association shall bear the full costs of any audit prepared.

§ 49-6-417. Provision of feminine hygiene products for student use.

(a) As used in this section:
1. (1) “Eligible school” means a public high school that is eligible to participate in the community eligibility provision under the national school lunch program pursuant to 42 U.S.C. § 1759a; and
2. (2) “Feminine hygiene product”:
  1. (A) Means any product to be used by women with respect to menstruation or other genital-tract secretions; and
  2. (B) Includes tampons and sanitary napkins.
(b) Each LEA is authorized to provide feminine hygiene products, at no charge, in all women's and girl's bathrooms and locker rooms in an eligible school building where instruction is provided, excluding any bathrooms and locker rooms specifically designated for teacher or staff use. The feminine hygiene products are for student use only.

§ 49-6-418. Career-based experience.

(a) As used in this section, “career-based experience” means an opportunity for a student to participate in on-the-job training or a structured educational experience that allows the student to apply the student's knowledge and skills in a work environment and to develop an understanding of workplace expectations.
(b)
1. (1) An LEA may provide career-based experiences to the LEA's high school students and may allow the LEA's high school students to participate in any available career-based experiences.
2. (2) An LEA may establish partnerships with industry and local businesses to provide career-based experiences to the LEA's high school students.

§ 49-6-419. Designation of apprenticeship training program contact for school — Directory.

(a) Each public high school, including public charter high schools, shall designate a teacher, principal, or other school employee to serve as an apprenticeship training program contact for the school. A public high school shall notify the department of education of the apprenticeship training program contact and update the department of any changes.
(b) The department of education shall compile and publish to its website a directory of the name and contact information for the apprenticeship training program contact for each public high school. The contact information includes the contact's mailing address, email address, telephone number, and high school that the contact represents.
(c) The department shall update the information required pursuant to subsection (b) no later than September 1 of each year.
(d) As used in this section “apprenticeship training program contact” means a designee of a public high school that is the preferred point of contact for students, parents, or apprenticeship programs to interface with the high schools on matters related to apprenticeship training opportunities and workforce training.

§ 49-6-420. Industry 4.0 diploma distinction.

(a) The state board of education shall develop an Industry 4.0 diploma distinction for high school students who are interested in pursuing a career in a high-need, high-skill industry after graduation.
(b) A high school student interested in receiving an Industry 4.0 diploma distinction must:
1. (1) Before the end of the student's sophomore year:
  1. (A) Notify the student's counselor or school principal of the student's intent to pursue an Industry 4.0 diploma distinction;
  2. (B) Provide the student's counselor or school principal with documentation signed by the student's parent or legal guardian indicating that the student's parent or legal guardian is aware of the requirements for the parent's or legal guardian's student to obtain an Industry 4.0 diploma distinction and consenting to the student's participation;
  3. (C) Register with a regional American Job Center or other career counseling or community partner approved by the student's school; and
  4. (D) Enroll in work-based learning or dual enrollment courses for the student's junior year;
2. (2) Beginning in the student's junior year, meet, no less than once per month, with a career coach who meets the requirements of subsection (c) and who has been approved to provide career coaching services by the student's school;
3. (3) Before the end of the student's junior year, enroll in work-based learning or dual enrollment courses for the student's senior year; and
4. (4) Successfully complete all coursework required for graduation.
(c) A career coach must:
1. (1) Be an American Job Center career coach, a career coach from a career counseling or community partner approved by the United States department of labor's regional office for the state of Tennessee, or a certified school counselor or an educator who holds a work-based learning credential; and
2. (2) Meet, no less than once per month, with students assigned to the career coach by the student's school principal to assist students in:
  1. (A) Developing the personal attributes required for success in the workforce, which include, but are not limited to, time management, networking, communication, teamwork, creative thinking, and conflict resolution;
  2. (B) Applying for dual enrollment grants or other available financial aid opportunities, including, but not limited to, grants and scholarships administered by the Tennessee student assistance corporation;
  3. (C) Identifying the best combination of dual enrollment, work-based learning, and internship opportunities available to the student; and
  4. (D) Preparing for standardized assessments such as the ACT.
(d) Each public high school, including public charter high schools, shall notify freshman and sophomore students enrolled in the public high school or public charter high school of the opportunity to pursue an Industry 4.0 diploma distinction pursuant to this section. The notice required under this subsection (d) must be provided to students biannually no later than ten (10) days after the first day of each semester of the school year.
(e) The state board of education shall establish graduation requirements for students pursuing an Industry 4.0 diploma distinction. The graduation requirements must:
1. (1) Allow a student to earn at least one (1) science credit and at least one (1) math credit through course substitutions approved by the state board, including, but not limited to, dual enrollment and work-based learning courses that are aligned to a student's chosen career path; and
2. (2) Require a student to earn nine (9) credits of dual enrollment or work-based learning, which may be satisfied by the student's successful completion of dual enrollment coursework, work-based learning experiences, on-the-job training, or other mentorships or structured educational experiences that allow the student to apply the student's knowledge and skills in a work environment to develop an understanding of workplace expectations.

§ 49-6-421 — 49-6-450. [Reserved]

§ 49-6-451. Juvenile Offender Act — Informing pupils of provisions.

(a) At or near the beginning of each school year, the board of education of each LEA shall be responsible for informing all pupils in grades seven through twelve (7-12), inclusive, of the Juvenile Offender Act, compiled in title 55, chapter 10, part 7. This shall be accomplished both orally by teachers and through the distribution of a pamphlet.
(b) Failure of an LEA to comply with this section is not a defense to the issuance of an order of denial.

Part 5 Night Schools

§ 49-6-501. Night schools generally.

(a) Boards of education are authorized to establish and maintain night schools for persons who are over eleven (11) years of age, under rules and regulations prescribed by the state board of education.
(b) Boards of education are authorized to establish and maintain night schools for students suspended for misconduct from the public schools, under such rules and regulations as prescribed by the state board of education.
(c) The night schools, when established, shall be a part of the public school system, and any funds that are available for the maintenance of that system shall be for the establishment and maintenance of night schools at the discretion of the board of education.
(d) In the apportionment of all state and county school funds, the average number in attendance each night shall form the basis of distribution, and such students shall be recorded as constituting a part of the public school attendance in the same manner as pupils who attend day schools.
(e) Boards of education shall, in accordance with rules and regulations prescribed by the state board of education, adopt courses of study that will best serve the locality at which the night school is located.
(f) Full and complete reports of all night schools shall be made by the boards of education on forms furnished by the board of education.

Part 6 Summer School

§ 49-6-601. Transfer of credit earned.

Any course work successfully completed in accordance with rules of the state board of education in a summer program of a school approved by the commissioner of education under § 49-1-201 is fully transferable to any other approved school.

Part 7 After School Educational Programs

§ 49-6-701. Grants and technical assistance — LEAP grant fund.

(a) The department of education shall establish, administer and monitor a system of competitive grants and technical assistance for eligible organizations providing after school educational programs consistent with the Constitution of Tennessee, Article XI, § 5. The grants and technical assistance shall supplement, not supplant, nonlottery educational resources for after school educational programs and purposes.
(b) There is created within the state treasury a fund to be administered by the department of education and to be known as the lottery for education after school programs grant fund, referred to as the LEAP grant fund in this section.
(c) In any fiscal year in which the financial assistance program for attendance at postsecondary educational institutions located within this state is funded pursuant to chapter 4, part 9 of this title, and funds are available in the after school account established in § 4-51-111(f), the governor shall recommend and the general assembly may appropriate moneys in the after school account to the department of education for deposit in the LEAP grant fund.
(d)
1. (1) Moneys in the LEAP grant fund shall be available to the department of education to make grants and fund technical assistance for after school programs. An after school program grant shall be awarded for a period of three (3) years with moneys for such grant earmarked in the LEAP grant fund and disbursed annually during the life of the grant according to the terms of the grant.
2. (2) The department of education shall establish a method whereby it converts grant funding for after school programs from annual grants to grants awarded for three-year periods. The method may include a phase-in of the award of three-year grants so that not all grants expire at the same time or any other process that the department finds to be most efficacious in the administration of the grant program. Grants shall only be awarded to those programs that comply with § 49-6-702 or § 49-6-705 and meet adequate performance levels as determined by the department of education.
  1 Backlink
  - 49-6-705(d)(1)
(e) The award of grants in any fiscal year is subject to the availability of funds in the LEAP grant fund for the grants. Amounts remaining in the LEAP grant fund at the end of each fiscal year shall not revert to the general fund or to the after school account, but shall be carried forward into the subsequent fiscal year and remain available for use by the department for after school programs and technical assistance for such programs. Moneys in the fund shall be invested by the state treasurer pursuant to title 9, chapter 4, part 6 for the sole benefit of the fund. All earnings attributable to such investments shall be credited to the fund.

1 Backlink

49-6-1506

§ 49-6-702. Awards — Eligibility — Focus of programs — Lottery-funded programs.

(a) In accordance with rules and regulations promulgated by the state board of education and on the recommendation of the commissioner of education, grants and technical assistance shall be awarded to public and not-for-profit organizations that provide, or propose to provide, after school educational programs in this state.
(b) An organization shall be eligible if the organization operates, or proposes to operate, a program that is available to students on an average of fifteen (15) hours per week and includes, at a minimum:
1. (1) Reading skills development and enhancement;
2. (2) Math or science skills development and enhancement;
3. (3) Academic mentoring or tutorial assistance; and
4. (4) Sports or leisure opportunities.
(c) Programs shall be designed to comprehensively address the educational, health and social service needs of children who are five (5) years of age or older and enrolled in the elementary or secondary grades. The program shall maintain an enrollment of children of which at least fifty percent (50%) of the students enrolled meet one (1) of the following requirements; provided, however, that preference shall be given to programs that maintain an enrollment of children of which at least eighty percent (80%) of the students meet one (1) of the following requirements:
1. (1) Qualify for free and reduced lunch pursuant to 42 U.S.C. § 1771;
2. (2) Are at risk of educational disadvantage and failure due to circumstances of abuse, neglect or disability;
3. (3) Are at risk of state custody due to family dysfunction;
4. (4) Are enrolled in and attending a public school failing to make adequate yearly progress;
5. (5) Are attending a public school, including a public charter school, instead of a public school failing to make adequate yearly progress as a result of parent choice; or
6. (6) Are at risk of failing one (1) or more subjects or are behind grade level by at least one (1) year.
(d) The commissioner of education shall encourage lottery-funded after-school programs to provide extended learning that is complementary to school curricula.

1 Backlink

49-6-701(d)(2)

§ 49-6-703. [Reserved]

§ 49-6-704. Rules and regulations.

The state board of education, on the recommendation of the commissioner of education, is authorized to promulgate rules and regulations to effectuate this part. The rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

§ 49-6-705. Pilot after school programs.

(a) As used in this section, unless the context otherwise requires:
1. (1) “ACT” means the ACT assessment administered by ACT;
2. (2) “EXPLORE” means the EXPLORE assessment for students in the eighth and ninth grades administered by the ACT;
3. (3) “PLAN” means the PLAN assessment for students in the tenth grade administered by the ACT;
4. (4) “PSAT/NMSQT” means the Preliminary SAT/National Merit Scholarship Qualifying Test administered by the College Board and National Merit Scholarship Corporation; and
5. (5) “SAT” means the Scholastic Aptitude Test administered by the College Board.
(b)
1. (1) The department of education shall establish, administer and monitor a system of competitive grants for eligible organizations providing pilot after school educational programs consistent with the Constitution of Tennessee, Article XI, § 5.
2. (2) The grants shall be available in any fiscal year in which funds are available in the LEAP grant fund for such grants.
3. (3) The grants shall supplement, not supplant, nonlottery educational resources for after school educational programs and purposes.
(c)
1. (1) The purpose of the pilot after school educational programs shall be to increase performance for at-risk students on the ACT or SAT examinations, in order to expand the number of students in the at-risk population eligible for lottery scholarships and to increase the abilities of students to excel in postsecondary education. The programs shall serve at-risk students in grades seven through nine (7-9). The programs shall prepare students to take the EXPLORE and PLAN ACT preparatory examinations or the PSAT/NMSQT preparatory examination and eventually to take the ACT or SAT examinations.
2. (2) Six (6) pilot after school educational programs shall be established with two (2) programs in each grand division of the state. One (1) program in each grand division shall be in a rural area. The other program in each grand division shall be in an urban area. Each pilot program shall serve no more than sixty (60) students.
(d)
1. (1) In accordance with rules and regulations promulgated by the state board of education and on the recommendation of the commissioner of education, grants shall be awarded to public schools, public charter schools or public and not-for-profit organizations that propose to provide pilot after school educational programs. A pilot after school educational program grant shall be awarded for a period of three (3) years with moneys for the grant earmarked in the LEAP grant fund and disbursed annually during the life of the grant according to the terms of the grant in accordance with the method of administration of the grant program adopted by the department of education pursuant to § 49-6-701(d)(2).
2. (2) An organization shall be eligible if the organization proposes to operate a program that provides:
  1. (A) Academic tutoring and skills development in subjects covered by EXPLORE, PLAN, and ACT examinations or PSAT/NMSQT and SAT examinations; and
  2. (B) Test taking skills and strategies.
(e) The state board of education, on the recommendation of the commissioner of education, is authorized to promulgate rules and regulations to effectuate this part. All rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

1 Backlink

49-6-701(d)(2)

§ 49-6-706. Funding for costs incurred in administering programs.

Costs incurred by the department in administering the programs established by this part that provide a system of competitive grants and technical assistance for eligible organizations providing after school educational programs consistent with the Constitution of Tennessee, Article XI, § 5 shall be funded from the LEAP grant fund as part of such programs.

§ 49-6-707. Program funding.

Programs funded under this part shall be subject to the school administered child care rules established under § 49-1-302(i).

Part 8 Schools Against Violence in Education (SAVE) Act

§ 49-6-801. Short title.

This part shall be known and may be cited as the “Schools Against Violence in Education Act” or the “SAVE Act.”

§ 49-6-802. State-level safety team — Template for safety and emergency response plans.

(a) The commissioner of safety shall establish a state-level safety team, which shall assist LEAs and schools with compliance with this part as reasonably necessary. As part of the assistance, the state-level safety team shall publish a template for use by districts in preparing their district-level safety plans and building-level emergency response plans, which template shall outline the responsibilities of the LEAs and individual schools in complying with this part. The state-level safety team shall regularly review and update the template.
1 Backlink
- 49-6-2701(e)
(b) The commissioner shall appoint the members of the state-level safety team, including:
1. (1) A representative of the department of education;
2. (2) A representative of the Tennessee bureau of investigation;
3. (3) A representative of homeland security;
4. (4) A representative of the department of mental health and substance abuse services;
5. (5) A representative of the emergency medical services of the department of health;
6. (6) A representative of the state board of education;
7. (7) A representative of the Tennessee association of school resource officers;
8. (8) A representative of the department of intellectual and developmental disabilities;
9. (9) A representative of the Tennessee Sheriffs' Association; and
10. (10) A representative of the Tennessee Association of Chiefs of Police.
(c) The commissioner may also appoint a representative from each of the following:
1. (1) Directors of schools;
2. (2) Members of local boards of education;
3. (3) The Tennessee alternative education association;
4. (4) Public school teachers;
5. (5) The Tennessee association of mental health organizations;
6. (6) School counselors and psychologists;
7. (7) Parents of students enrolled in public schools;
8. (8) Tennessee students between sixteen (16) and twenty-four (24) years of age; and
9. (9) The Tennessee school health coalition.

2 Backlinks

§ 49-6-803. Direction of safety team.

The state-level safety team shall be directed by the commissioner of safety.

§ 49-6-804. Adoption of comprehensive plans.

(a) Each LEA, and to the extent applicable, each public charter school, shall adopt a comprehensive district-wide school safety plan and building-level school safety plans regarding crisis intervention, emergency response, and emergency management. The plans must be developed by a district-wide school safety team and a building-level school safety team established pursuant to this part and must follow the template developed by the state-level safety team. Each district-wide school safety team and building-level school safety team shall consider including in the district-wide school safety plan or building-level school safety plan the implementation of a mobile panic alert system that is capable of connecting diverse emergency services technologies to ensure real-time coordination between multiple first responder agencies and that integrates with local public safety answering point infrastructure to transmit 911 calls and mobile activations. An LEA or public charter school having only one (1) school building shall develop a single building-level school safety plan, which must also fulfill all requirements for the development of a district-wide plan. Each LEA and public charter school shall review each of the plans it adopts pursuant to this subsection (a) annually.
(b) Each private school and each church-related school shall adopt a building-level school safety plan regarding crisis intervention, emergency response, and emergency management. Each private school and each church-related school shall review its plan annually. By October 1, 2023, and by each October 1 thereafter, each private school and each church-related school shall provide the school's building-level school safety plan to each local law enforcement agency with jurisdiction, as well as any law enforcement agency or other emergency response organization participating in an armed intruder drill under § 49-6-807. As used in this subsection (b):
1. (1) “Church-related school” means a school as defined in § 49-50-801; and
2. (2) “Private school” means a school accredited by, or a member of, an organization or association approved by the state board of education as an organization accrediting or setting academic requirements in schools, or that has been approved by the state, or is in the future approved by the commissioner in accordance with rules promulgated by the state board of education.
(c) A meeting concerning school security, the district-wide school safety plans, or the building-level school safety plans shall not be subject to the open meetings laws compiled in title 8, chapter 44. Though closed to the general public, reasonable notice must be provided to the general public prior to such a meeting held by an LEA or a public charter school. The local board of education or public charter school governing body shall not discuss or deliberate on any issues or subjects other than school security or the school safety plans adopted pursuant to this section during such a meeting.
(d) By July 1, 2023, and by each July 1 thereafter, each LEA and public charter school shall provide the following to each local law enforcement agency with jurisdiction, the department of education, and the department of safety:
1. (1) The LEA's, and to the extent applicable, the public charter school's, district-wide school safety plan;
2. (2) The building-level school safety plan for each school in the LEA or each public charter school; and
3. (3) The floor plans for all school buildings within the LEA or used by the public charter school.
(e) Each LEA and public charter school shall also provide the school safety plans described in subsection (d) to a law enforcement agency or other emergency response organization participating in an armed intruder drill under § 49-6-807.
(f) Upon the request of a local law enforcement agency with jurisdiction, the department of education, or the department of safety, the LEA or public charter school shall provide any other plans, information, or records regarding school security.
(g)
1. (1) During a drill or in an emergency situation, each LEA or public charter school shall, to the greatest extent practicable, provide a responding law enforcement agency with access to security systems that may be required for the law enforcement agency's response.
2. (2) For purposes of this subsection (g), “security systems” includes, but is not limited to, audio recording systems, visual recording systems, and any other cameras, alarm systems, fire systems, communication systems, or other security measures in a school building.
(h) This section does not diminish the jurisdiction of local law enforcement agencies.

1 Backlink

49-6-808(c)

§ 49-6-805. Template minimum requirements.

At a minimum, the template prepared by the state-level safety team shall include:
1. (1) The designation of an emergency response team;
2. (2) Policies and procedures for communication with law enforcement officials, parents and guardians in the event of emergencies and incidents of or threats of violence;
3. (3) Policies and procedures relating to school building security, including, where appropriate, the use of school resource officers, security devices or security procedures, and addressing, where appropriate, the use of the building by the public for events other than school activities and the impact the other use may have on building security;
4. (4) Procedures for assuring that crisis response and law enforcement officials have access to floor plans, blueprints, schematics or other maps of the school interior, school grounds and road maps of the immediate surrounding area;
5. (5) Procedures for coordination of the school safety plan with the resources available through the department of mental health and substance abuse services, the department of intellectual and developmental disabilities or a similar local agency to assure that the school has access to federal, state or local mental health resources in the event of a violent incident;
6. (6) Appropriate violence prevention and intervention strategies such as:
  1. (A) Collaborative arrangements with state and local law enforcement officials, designed to ensure that school resource officers and other security personnel are adequately trained, including being trained to de-escalate potentially violent situations, and are effectively and fairly recruited;
  2. (B) Dissemination of informative materials regarding the early detection and identification of potentially threatening behaviors and violent acts to teachers, administrators, school personnel, parents or guardians and students;
  3. (C) Nonviolent conflict resolution training programs;
  4. (D) Peer mediation programs and youth courts;
  5. (E) Extended day and other school safety programs; and
  6. (F) Comprehensive school counseling and mental health programs;
7. (7) Policies and procedures for annual school safety training for all students, teachers, and other school personnel;
8. (8) Policies and procedures for the safe evacuation of all students, teachers, other school personnel and visitors to the school in the event of a serious violent incident or other emergency;
9. (9) Policies and procedures relating to LEA and school cyber security preparedness to identify cyber security risk, implement mitigation planning, and protect cyber infrastructure against cyber attacks and other cyber security threats and incidents. As used in this subdivision (9), “cyber security” means the art of protecting networks, devices, and data from unauthorized access or criminal use, and the practice of ensuring the confidentiality, integrity, and availability of information; and
10. (10) Policies and procedures to ensure that all individuals providing direct services to students or school staff in response to a school crisis have received the appropriate background checks in compliance with state law, including § 49-5-413.

§ 49-6-806. Appointments to district-wide and building-level school safety teams.

(a) Each district-wide school safety team shall be appointed by the district's director of schools and shall include, but not be limited to, representatives of the school board, representatives of student, teacher, administrator and parent organizations, and school personnel including school safety personnel.
(b) Each building-level school safety team shall be appointed by the building principal, in accordance with regulations or guidelines prescribed by the district's director of schools. Such building-level teams shall include, but not be limited to, representatives of teacher, administrator and parent organizations, and school personnel including school safety personnel, as well as community members, local law enforcement officials, local ambulance or other emergency response agencies, and any other representatives the district's director of schools deems appropriate.

§ 49-6-807. Annual drills.

(a) Each school safety team, private school, and church-related school shall annually conduct at least one (1):
1. (1) Armed intruder drill;
2. (2) Incident command drill; and
3. (3) Emergency safety bus drill.
(b)
1. (1) Each armed intruder drill must be conducted in coordination with the appropriate local law enforcement agency.
2. (2) Each incident command drill:
  1. (A) Conducted by a school safety team:
    1. (i) Must be conducted without students present; and
    2. (ii) Must prepare school staff and law enforcement agencies on what to expect in the event of an emergency situation in the school; and
  2. (B) Conducted by a private school or church-related school:
    1. (i) May be conducted with or without students present; and
    2. (ii) Must prepare school staff and law enforcement agencies on what to expect in the event of an emergency situation in the school.
3. (3) Each emergency safety bus drill:
  1. (A) Conducted by a school safety team:
    1. (i) Must be conducted without students present; and
    2. (ii) Must prepare school staff and law enforcement agencies on what to expect in the event of an emergency situation on a school bus; and
  2. (B) Conducted by a private school or church-related school:
    1. (i) May be conducted with or without students present; and
    2. (ii) Must prepare school staff and law enforcement agencies on what to expect in the event of an emergency situation on a school bus.
(c) The results of a drill conducted pursuant to subsection (a) must be:
1. (1) Maintained by the school for a minimum of five (5) years;
2. (2) Made available to:
  1. (i) A local law enforcement agency with jurisdiction, and
  2. (ii) The department of education or the department of safety upon request, if the drill was conducted by a school safety team.
(d) The drills required in subsection (a) are in addition to the drills required in § 68-102-137.
(e) As used in this section:
1. (1) “Church-related school” means a school as defined in § 49-50-801; and
2. (2) “Private school” means a school accredited by, or a member of, an organization or association approved by the state board of education as an organization accrediting or setting academic requirements in schools, or that has been approved by the state, or is in the future approved by the commissioner in accordance with rules promulgated by the state board of education.

2 Backlinks

§ 49-6-808. Hearings on safety plans — Filing of plan and amendments — Confidentiality.

(a) Each LEA shall make each district-wide and building-level school safety plan available for public comment at least thirty (30) days prior to its adoption; provided, that only a summary of each building-level emergency response plan shall be made available for public comment. The district-wide and building-level plans may be adopted by the LEA only after at least one (1) public hearing that provides for the participation of school personnel, parents, students and any other interested parties.
(b) Each LEA shall file a copy of its district-wide comprehensive safety plan and each building-level school safety plan with the commissioner and all amendments to the plan shall be filed with the commissioner no later than thirty (30) days after their adoption. A copy of each building-level safety plan and any amendments to the plan shall be filed with the appropriate local law enforcement agency and with the department of safety within thirty (30) days of its adoption.
(c) Building-level emergency response plans and school building floor plans provided pursuant to this section and § 49-6-804 shall be confidential and shall not be subject to any open or public records requirements.
(d) If the LEA fails to file the plan as required by subsection (b), the commissioner may withhold state funds, in an amount determined by the commissioner, from the LEA until the LEA is in compliance.

§ 49-6-809. Policy authorizing off-duty law enforcement officers to serve as armed school security officers —Memorandum of understanding — List of qualified officers — Funding — Report.

(a) For purposes of this section, “law enforcement officer” means the sheriff, sheriff's deputies, or any police officer employed by the state, a municipality, county, or political subdivision of the state certified by the peace officer standards and training (POST) commission; any commissioned member of the Tennessee highway patrol; and any Tennessee county constable authorized to carry a firearm and who has been certified by the POST commission.
(b)
1. (1) To increase the protection and safety of students and school personnel, local boards of education may adopt a policy authorizing off-duty law enforcement officers to serve as armed school security officers during regular school hours when children are present on the school's premises, as well as during school-sponsored events.
2. (2) Nothing in this section shall require a local board of education to adopt a policy permitting an off-duty law enforcement officer to serve as an armed school security officer.
(c)
1. (1) If a local board of education adopts a policy authorizing off-duty law enforcement officers to serve as armed school security officers, the LEA shall execute a written memorandum of understanding (MOU) with each law enforcement agency that employs the law enforcement officers selected by the chief law enforcement officer of the law enforcement agency to serve as armed school security officers.
2. (2) Any MOU entered into pursuant to subdivision (c)(1) shall contain the following:
  1. (A) A provision that prescribes the types of firearms that may be carried by an armed school security officer on school premises and the manner in which the armed school security officer's firearm may be carried; provided, that the MOU shall not prohibit an off-duty law enforcement officer who is serving as an armed school security officer from carrying a loaded handgun on school premises;
  2. (B) A provision limiting the role of armed school security officers to that of maintaining safety in the school and prohibiting armed school security officers from addressing routine school discipline issues that do not constitute crimes or that do not impact the immediate health or safety of the students or staff of the school;
  3. (C) Provisions stipulating that off-duty officers serving as armed school security officers are required to follow the policies of the officer's employing law enforcement agency;
  4. (D) Procedures for communication among the LEA, armed school security officers, school resource officers, and local law enforcement agencies;
  5. (E) A description of any policies, procedures, or other requirements that the armed school security officers must follow when responding to an emergency on school grounds;
  6. (F) A statement requiring that armed school security officers comply with all state and federal laws regarding the confidentiality of personally identifiable student information;
  7. (G) Procedures for addressing complaints against armed school security officers;
  8. (H) A provision detailing how liability will be provided for any acts or omissions of the armed school security officer within the scope of the armed school security officer's duties, except for willful, malicious, or criminal acts or omissions or for acts or omissions done for personal gain;
  9. (I) A provision detailing how scheduling will be determined; and
  10. (J) The hours and wages of each armed school security officer assigned to a school in the LEA.
3. (3) Any MOU entered into pursuant to subdivision (c)(1) may prescribe:
  1. (A) Whether an armed school security officer is required to be uniformed while on school premises; or
  2. (B) Other means for proper identification of the armed school security officer.
4. (4)
  1. (A) If a MOU entered into pursuant to this subsection (c) would permit law enforcement officers to serve as armed school security officers at a school that is located within the jurisdictional boundaries of another law enforcement agency that is not the law enforcement officers' employing agency, then the MOU shall not take effect until approved in writing by the chief law enforcement officer of the law enforcement agency with law enforcement jurisdiction for the school.
  2. (B) Notwithstanding title 6, chapter 54, part 3, or any other law to the contrary, a law enforcement officer who is serving as an armed school security officer pursuant to this section for a school located outside of the jurisdictional boundaries of the officer's employing agency shall, while acting within the scope of the officer's employment as an armed school security officer, have the jurisdiction and authority to enforce all laws of this state and of the county or municipality in which the school at which the officer is serving as an armed school security officer is located.
(d)
1. (1) The chief law enforcement officer of each law enforcement agency in this state shall prepare and distribute a list of its law enforcement officers who the chief law enforcement officer deems qualified and who are interested in serving as armed school security officers pursuant to this section to each LEA that is located within the law enforcement agency's jurisdictional boundaries and with which a MOU has been entered into in accordance with this section. The chief law enforcement officer shall consider the federal Fair Labor Standards Act when considering an officer's qualification to serve as an armed school security officer.
2. (2) The chief law enforcement officer of a law enforcement agency may prohibit a law enforcement officer employed by another law enforcement agency from serving as an armed school security officer at a school located within the chief law enforcement officer's jurisdiction for reasons the chief law enforcement officer deems sufficient, including, but not limited to, if the law enforcement officer has received a disciplinary action within the last five (5) years that resulted in, at a minimum, a written reprimand. The chief law enforcement officer shall notify any such officer the chief prohibits from serving as an armed school security officer by sending a written notice of the prohibition to the law enforcement officer and the law enforcement officer's employing agency. The law enforcement officer is entitled to compensation pursuant to this section for any service as an armed school security officer performed by the officer prior to receipt of the written notice by the earlier of the law enforcement officer or the law enforcement officer's employing agency.
(e) If an LEA adopts a policy authorizing the use of armed school security officers, then funding for the armed school security officers may come from a law enforcement agency or from the LEA, including, but not limited to, local, state, or federal funds received by the LEA, for which purpose such funds may be lawfully expended.
(f)
1. (1) Nothing in this section shall be construed to require an LEA or a law enforcement agency of the county to assign or provide funding for an armed school security officer.
2. (2) Nothing in § 49-3-315 shall be construed to require an LEA or a law enforcement agency of the county to assign or provide funding for an armed school security officer as defined in this section to any school system within that county on the basis of the WFTEADA, as defined by § 49-3-302. The provision of armed school security officers by local law enforcement agencies shall be considered a law enforcement function and not a school operation or maintenance purpose that requires the apportionment of funds pursuant to § 49-3-315.
(g) The use of armed school security officers shall be supplemental to school resource officers and school safety measures adopted by an LEA and shall not supplant school resource officers or other school security measures. An LEA shall not replace a school resource officer or other school security measure with an armed school security officer. A law enforcement agency shall not terminate a MOU for the provision of school resource officers based solely upon an LEA's adoption of a policy authorizing the use of armed school security officers.
(h) Following the conclusion of the 2020-2021 school year, the chief law enforcement officer of each law enforcement agency with law enforcement jurisdiction for a school that has utilized armed school security officers pursuant to this section shall submit a report to the governor, the chair of the education administration committee of the house of representatives, the chair of the education committee of the senate, and the commissioner of education on or before September 1, 2021, that details any school security deficiencies and that provides recommendations for security improvements for each such school. If the report requirement of this subsection (h) affects more than one (1) law enforcement agency within any one (1) county, then the affected chief law enforcement officers shall submit a single, consolidated report covering the schools that have utilized armed school security officers pursuant to this section.

2 Backlinks

§ 49-6-810. Annual report to governor and general assembly.

Annually on or before February 1 of each year, the commissioner of education and the commissioner of safety shall jointly report to the governor and the general assembly on implementation of and compliance with this part.

§ 49-6-811. Grant funding.

An LEA may seek grant funding from the school safety center and use funds received pursuant to the Tennessee investment in student achievement formula (TISA) to assist with compliance with this part according to § 49-6-4302.

§ 49-6-812. Consistency with harassment and bullying policies.

Each LEA shall ensure that the district-wide safety plans and building-level emergency response plans required by this part are developed in such a manner as to be consistent with the district's harassment and bullying policies developed pursuant to § 49-6-4503.

§ 49-6-813. County and municipal appropriations.

The legislative body of any county or municipality may appropriate funds for the purpose of providing resources for district-wide school safety plans, building-level school safety plans and district-wide school safety teams. Federal, state and local funds designated for such purposes may be used to provide funds for the purpose of providing resources for district-wide school safety plans, building-level school safety plans and district-wide school safety teams.

§ 49-6-814. Rules and regulations.

The commissioner of education is authorized to promulgate rules and regulations to effectuate the purposes of this part and § 49-6-4301(c)-(e). All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

§ 49-6-815. People permitted to possess and carry a firearm on school grounds.

(a) Notwithstanding § 39-17-1309 or any other provision of title 39, chapter 17, part 13 to the contrary, the following people are permitted to possess and carry a firearm on the grounds of the school at which they are assigned:
1. (1) A person employed by an LEA as a faculty or staff member at a school within the LEA; or
2. (2) A person assigned to a school in accordance with a memorandum of understanding between the chief of the appropriate law enforcement agency and the LEA.
(b) In order to possess and carry a firearm on the grounds of the school pursuant to subsection (a), the person must:
1. (1) Be authorized to possess and carry a firearm pursuant to § 39-17-1351;
2. (2) Have the joint written authorization of the director of schools in conjunction with the principal of the school to carry or possess a firearm on school property; and
3. (3) Be a law enforcement officer, or have prior service as a law enforcement officer, as defined in § 39-11-106, and be in compliance with all laws, rules and regulations of the peace officer standards and training (POST) commission, and have successfully completed forty (40) hours in basic training in school policing as required by § 49-6-4217. Any such training shall be approved by the LEA and the cost of the training, firearm and ammunition shall be at the expense of the person seeking authorization and not the LEA.
(c)
1. (1) Within ten (10) days after the director of schools has authorized a person to carry or possess a firearm on school property pursuant to subdivision (a)(1) or (a)(2), the director shall notify the chief of the appropriate law enforcement agency of each such authorization.
2. (2) The notification pursuant to this subsection (c) shall contain basic information about each such person including name, address, contact information and whether the person is authorized under subdivision (a)(1) or (a)(2).
(d) The joint written authorization of the director of schools and the principal of the school given pursuant to subdivision (b)(2), the notification transmitted to the chief of the appropriate law enforcement agency pursuant to subdivision (c)(1), the names and contact information of any person authorized to carry or possess a firearm on school property pursuant to subdivision (c)(2), any listing or compilation of names or individual names of persons who are authorized to carry or possess a firearm on school property, whether the director of schools and the principal of the school have or have not issued joint written authorization to carry or possess a firearm on school property, or any other document, file, record, information or material relating to the carrying or possessing of a firearm on school property pursuant to this section that is received by, transmitted to, maintained, stored or compiled by the director of schools, the principal of the school, any LEA, or city, county or municipal law enforcement agency, shall be confidential and not open for public inspection.
(e) Nothing in § 49-3-315 shall be construed to require an LEA or a law enforcement agency of the county to assign or provide funding for a school resource officer as defined in § 49-6-4202 to any city school system within that county on the basis of the WFTEADA as defined by § 49-3-302. The providing of security or school resource officers by a sheriff shall be considered a law enforcement function and not a school operation or maintenance purpose that requires the apportionment of funds pursuant to § 49-3-315.

1 Backlink

39-17-1309(e)(10)

§ 49-6-816. Authorization of employee to carry concealed weapon on school property in distressed rural county.

(a) As used in this section:
1. (1) “Distressed rural county” means any county that qualifies as an “eligible county” under § 67-6-104, for the apportionment of sales and use tax revenue for commercial development districts, and has a population of not less than seventeen thousand (17,000) nor more than seventeen thousand one hundred (17,100), or a population of not less than five thousand (5,000) nor more than five thousand one hundred (5,100), according to the 2010 federal census or any subsequent federal census; and
2. (2) “Employee” means a person employed full time to work in a public kindergarten through grade 12 (K-12) school, including as a teacher, principal, vice principal, or other staff member.
(b)
1. (1) Notwithstanding § 39-17-1309 or any other provision of title 39, chapter 17, part 13, to the contrary, in addition to persons who are authorized to possess a firearm on school property under any other law, the local board of education in a distressed rural county may adopt a policy allowing the director of schools, in consultation with the principal of each school, to authorize and select employees who may carry a concealed handgun within and on the grounds of the school to which the person is assigned.
2. (2) If the director of schools authorizes one (1) or more employees to carry a concealed handgun as provided in subdivision (b)(1), the maximum number of employees that may be authorized is one (1) employee for each one hundred (100) students enrolled in the school.
(c) No employee shall be disciplined or otherwise suffer adverse employment consequences if the employee does not volunteer to be trained to carry a concealed handgun pursuant to this section.
(d)
1. (1) The director of schools shall not select an employee to carry a concealed handgun pursuant to this section unless the employee:
  1. (A) Possesses and maintains a valid handgun carry permit issued by this state pursuant to § 39-17-1351;
  2. (B) Is not prohibited from carrying a handgun under the laws of this state or federal law;
  3. (C) Prior to carrying the concealed handgun on school property, successfully completes at least forty (40) hours of handgun instruction administered and taught by a local law enforcement agency. The handgun instruction curriculum shall be taken by the law enforcement agency from an existing curriculum that has been approved by the peace officers standards and training (POST) commission for use in training school resource officers and other law enforcement officers; and
  4. (D) On an annual basis, completes at least sixteen (16) hours of continuing handgun instruction administered and taught by a local law enforcement agency.
2. (2) Any handgun instruction curriculum that a law enforcement agency uses for school employees as provided in subdivision (d)(1)(C) shall include instruction designed to:
  1. (A) Emphasize strategies for preventing school shootings and for securing the safety of potential victims of school shootings;
  2. (B) Educate the employee about legal issues relating to the use of force or deadly force in the protection of others;
  3. (C) Introduce the employee to effective school safety strategies and techniques;
  4. (D) Improve the employee's proficiency with a handgun; and
  5. (E) Enable the employee to respond to an emergency situation requiring deadly force, such as a situation involving an active shooter.
3. (3) It is the duty of the employee to send to the director of schools a certificate evidencing successful completion of the initial forty-hour handgun training instruction and the annual sixteen-hour continuing handgun training instruction. No director of schools may select an employee to carry a concealed handgun on the property of the school to which the employee is assigned without proof of successful completion of the training requirements and a valid handgun carry permit.
(e) The cost of the handgun carry permit, additional firearms training, and the handgun and ammunition the employee will be carrying, shall be at the expense of the employee who has been authorized to carry a concealed handgun pursuant to this section. The LEA assumes no financial responsibility for a handgun possessed by an employee pursuant to this section. Nothing in this subsection (e) shall prohibit an LEA from paying a portion or all of the costs associated with the required training or handgun carry permit fees.
(f) For the safety of law enforcement officers, other first responders, faculty and staff, students, and the employee carrying the concealed handgun pursuant to this section:
1. (1) Within ten (10) days after the director of schools has authorized an employee to carry or possess a concealed handgun on school property pursuant to subdivision (b)(1), the director shall notify the chief of the appropriate local law enforcement agency of each such authorization; and
  1 Backlink
  - 39-17-1305(d)(1)(F)
2. (2) Each employee authorized by the director of schools to carry a concealed handgun at an interscholastic athletic event pursuant to this section, other than a law enforcement officer, shall wear appropriate insignia or clothing that clearly identifies the employee as a school security officer or otherwise as being in lawful and authorized possession of a handgun.
(g) An employee's authorization to carry a concealed handgun pursuant to this section shall become ineffective upon the:
1. (1) Expiration, suspension, or revocation of the employee's handgun carry permit pursuant to § 39-17-1351; or
2. (2) Termination of the employee's employment with the school.
(h) The board of education and director of schools may, at their sole discretion, revoke an employee's authorization to carry a concealed handgun on school property with or without cause.
(i) The notification transmitted to the chief of the appropriate local law enforcement agency pursuant to subdivision (f)(1), the names and contact information of any employee authorized to carry or possess a concealed handgun on school property pursuant to subdivision (b)(1), any listing or compilation of names or individual names of persons who are authorized to carry or possess a firearm on school property, whether the director of schools and the principal of the school have or have not authorized an employee to carry or possess a firearm on school property, or any other document, file, record, information, or material relating to the carrying or possessing of a handgun on school property pursuant to this section that is received by, transmitted to, maintained, stored, or compiled by the director of schools, the principal of the school, any LEA, or county or municipal law enforcement agency, shall be confidential and not open for public inspection under title 10, chapter 7.
(j) Nothing in § 49-3-315 shall require an LEA or a law enforcement agency of the county to assign or provide funding for a school resource officer, as defined in § 49-6-4202, to any city school system within that county on the basis of the WFTEADA, as defined in § 49-3-302. The providing of security or school resource officers by a sheriff shall be considered a law enforcement function and not a school operation or maintenance purpose that requires the apportionment of funds pursuant to § 49-3-315.
(k) This section shall only apply to a public school located in a distressed rural county. If a county is removed from the distressed rural counties list and one (1) or more of the employees of the public school system within that county was authorized to carry a concealed handgun on school property pursuant to this section, the authorization shall expire thirty (30) days after the county is removed from the list.

1 Backlink

39-17-1309(e)(10)

§ 49-6-817. School building entrances required to be locked.

(a) Each public school operated by an LEA, public charter school, private school, and church-related school shall ensure that all exterior doors leading into a school building are locked at all times and access to school buildings is limited to the school's primary entrance, unless otherwise determined by school policy, to prevent unauthorized entry into the school building while students are present during the school day as well as when students are present outside of regular school hours for school-related purposes or activities.
(b) Notwithstanding subsection (a), outside of regular school hours, a public school operated by an LEA, public charter school, private school, or church-related school may unlock the door to the school building's primary entrance during a school-related event or activity if the door is continuously monitored by a school or LEA employee who is physically present at the door to ensure access is limited to only authorized persons and to alert others if an unauthorized person enters, or attempts to enter, the school building.
(c) State and local law enforcement personnel are authorized to inspect a door serving as an entrance to, or exit from, an LEA or public charter school building to determine whether the door is locked as required by subsection (a). There is no limit on the number of inspections law enforcement personnel may conduct under this subsection (c). Except as provided in subsection (b), if law enforcement personnel find that the door to an entrance or exit from a school building is unlocked in violation of subsection (a), then the school must immediately lock the door and the law enforcement agency that found the unlocked door shall, within twenty-four (24) hours, send written notification to:
1. (1) The LEA's director of schools or the leader of the public charter school, as applicable;
2. (2) The chair of the local board of education or public charter school governing body, as applicable;
3. (3) The head of the parent-teacher organization for the LEA or public charter school, if there is such an organization for the public charter school;
4. (4) The school principal;
5. (5) The department of safety;
6. (6) The department of education; and
7. (7) Each local law enforcement agency with jurisdiction.
(d) The LEA's director of schools, the leader of the public charter school, or their respective designees, shall, within forty-eight (48) hours of receiving notification from the law enforcement agency under subsection (c), send written confirmation to the notifying law enforcement agency that the door was immediately locked as required by subsection (a) and that processes are in place to ensure that the door remains locked as required by subsection (a), except as authorized in subsection (b). The director, leader, or their respective designee shall send a copy of the director's, leader's, or their respective designee's written confirmation to the recipients identified in subdivisions (c)(2)-(7). The director's, leader's, or their respective designee's written confirmation must state whether the LEA or public charter school has a full-time school resource officer whose primary location is the school found to be in violation of subsection (a).
(e)
1. (1) If an LEA or public charter school is found to have violated subsection (a) on two (2) or more occasions in one (1) school year, then:
  1. (A)
    1. (i) If the LEA or public charter school does not currently have a school resource officer whose primary location is the school found to have violated subsection (a) on two (2) or more occasions in one (1) school year, the LEA or public charter school shall cause a full-time school resource officer or armed school security officer to be posted at the school. The LEA or public charter school shall bear the cost of posting the school resource officer or armed school security officer. The school resource officer or armed school security officer must be posted at the school within thirty (30) days from the date on which the LEA or public charter school received notification under subsection (d) of the school's second violation of subsection (a). The LEA or public charter school shall notify the commissioner of education that the required school resource officer or armed school security officer is posted. If the LEA or public charter school fails to have a school resource officer or armed school security officer posted within thirty (30) days as required in this subdivision (e)(1)(A), then the LEA or public charter school must submit a letter to the commissioner of education every thirty (30) days that an officer is not posted explaining why the LEA or public charter school, as applicable, has not had an officer posted; and
    2. (ii) If the department of education receives notice of a subsequent violation of subsection (a) by the school in one (1) school year, the commissioner shall withhold state funds from the LEA or public charter school, in either the current or upcoming school year, in the following amounts:
      1. (a) For a third violation of subsection (a) committed by a school in one (1) school year, two percent (2%) of the annual state funds generated by the school in the TISA;
      2. (b) For a fourth violation of subsection (a) committed by a school in one (1) school year, four percent (4%) of the annual state funds generated by the school in the TISA;
      3. (c) For a fifth violation of subsection (a) committed by a school in one (1) school year, six percent (6%) of the annual state funds generated by the school in the TISA;
      4. (d) For a sixth violation of subsection (a) committed by a school in one (1) school year, eight percent (8%) of the annual state funds generated by the school in the TISA; and
      5. (e) For a seventh violation of subsection (a) committed by a school in one (1) school year, ten percent (10%) of the annual state funds generated by the school in the TISA; or
  2. (B) If the LEA or public charter school currently has a full-time school resource officer or armed school security officer whose primary location is the school found to have violated subsection (a) on two (2) or more occasions, the commissioner shall withhold state funds from the LEA or public charter school, in either the current or upcoming school year, in the following amounts:
    1. (i) For the second violation of subsection (a) committed by the school in one (1) school year, two percent (2%) of the annual state funds generated by the school in the TISA;
    2. (ii) For a third violation of subsection (a) committed by the school in one (1) school year, four percent (4%) of the annual state funds generated by the school in the TISA;
    3. (iii) For a fourth violation of subsection (a) committed by the school in one (1) school year, six percent (6%) of the annual state funds generated by the school in the TISA;
    4. (iv) For a fifth violation of subsection (a) committed by the school in one (1) school year, eight percent (8%) of the annual state funds generated by the school in the TISA; and
    5. (v) For a sixth violation of subsection (a) committed by the school in one (1) school year, ten percent (10%) of the annual state funds generated by the school in the TISA.
2. (2) If funds are withheld pursuant to subdivision (e)(1)(A) or (B), then the funds must be withheld until:
  1. (A) The LEA or public charter school has the required school resource officer or armed school security officer posted at the school; and
  2. (B) The LEA or public charter school submits to the department of education, and receives the department's approval of, a corrective action plan. The corrective action plan must include:
    1. (i) A statement or other evidence demonstrating that the violation of subsection (a) has been remedied;
    2. (ii) Actions to be taken by the LEA or public charter school to resolve the behavior or issue that contributed to, or caused, the violation, including any new written procedures or training;
    3. (iii) Deadlines for the LEA or public charter school to successfully complete the actions identified in the corrective action plan pursuant to subdivision (e)(2)(B)(ii); and
    4. (iv) Dates for the LEA or public charter school to submit reports and documentation to the department to verify the LEA's or public charter school's implementation of the actions identified in the corrective action plan pursuant to subdivision (e)(2)(B)(ii).
3. (3) The percentage of any funds withheld pursuant to subdivision (e)(1)(A) or (B) must be calculated by the department of education based on the amount of state funds generated by the school in the TISA for the previous school year. If a public charter school did not generate state funds in the previous school year, then the percentage of any funds withheld pursuant to subdivision (e)(1)(A) or (B) must be based on the average amount of state funds generated by the schools in the LEA in which the public charter school is located.
(f) As used in this section:
1. (1) “Armed school security officer” means an off-duty law enforcement officer providing school security services pursuant to § 49-6-809;
2. (2) “Church-related school” means a school as defined in § 49-50-801; and
3. (3) “Private school” means a school accredited by, or a member of, an organization or association approved by the state board of education as an organization accrediting or setting academic requirements in schools, or that has been approved by the state, or is in the future approved by the commissioner in accordance with rules promulgated by the state board of education.

§ 49-6-818. School buildings constructed or remodeled after July 1, 2023.

(a) A public school building, including a public charter school building, constructed or remodeled after July 1, 2023, must, at a minimum:
1. (1) Include a door-locking mechanism on each classroom door that allows the classroom door to be locked from the inside;
2. (2) Have installed a clear, bullet-resistant or entry-resistant film on the glass panel of each exterior entry or basement level window and door to prevent individuals from entering the school building without authorization by breaking the glass in an exterior entry or basement level window or door;
3. (3) Include a camera system that continuously monitors each entrance, hallway, and communal area in the school building during regular school hours and during school-related events and activities conducted on school grounds that is accessible by a local law enforcement agency in an emergency situation; and
4. (4) Include at least one (1) secure vestibule that serves as the primary entrance to the school building that contains two (2) separate sets of doors through which a person must pass to gain entrance into the school building that are each capable of being locked separately to prevent a person from entering the school building until an LEA or school employee authorizes a person to enter.
(b) The date on which a public school building, including a public charter school building, is constructed for purposes of this section is the date on which the plans for the school building were approved by the agency having jurisdiction to approve construction of the school building or the date on which the construction permit was issued for the school building, whichever occurs first.
(c) If a public school building, including a public charter school building, is remodeled, then the requirements specified in subsection (a) only apply to the portions of the building that are remodeled.
(d) As used in this section, “remodeled”:
1. (1) Means a change to an existing building or facility, including, but not limited to, renovation, rehabilitation, reconstruction, historic restoration, changes or rearrangement in structural parts or elements, and changes or rearrangement in the plan configuration of walls and full-height partitions; and
2. (2) Does not include routine maintenance, reroofing, painting or wallpapering, asbestos removal, or changes to mechanical or electrical systems so long as the changes do not affect the usability of the building or facility.

Part 9 Report Cards

§ 49-6-901. Copies to parents.

A copy of a student's report card shall be furnished by the LEA to the parent or parents of the student.

§ 49-6-902. Copies to noncustodial or nonresident parents or department of children's services for in custody children.

(a) Any parent who does not have custody of a child, or in the case of parents having joint custody of a child, the parent not residing with the child, or in the case of a child in the custody of a legal guardian, both parents, may request in writing that a copy of the child's report card, notice of school attendance, names of teachers, class schedules, standardized test scores and any other records customarily available to parents be furnished directly to the noncustodial or nonresident parent. The request shall be accompanied by the parent's or parents' current mailing address and the LEA shall send a copy of the report card, notice of school attendance, names of teachers, class schedules, standardized test scores and any other records customarily available to parents to that address.
(b) Any judge having jurisdiction over the custody of such a child may upon a showing of good cause deny any information concerning the residence of the child to the noncustodial or nonresident parent.
(c) Upon written request from the department of children's services, LEAs shall provide the department of children's services all school records for a child in custody of the department of children's services or receiving foster care services. These records may include, but are not limited to, a copy of the child's report card, notice of school attendance, names of teachers, class schedules, standardized test scores, and any other records customarily available to parents. LEAs shall not charge the department of children's services any cost for the records, even in instances where a debt or restitution is owed to the school by the student. The release of the records to the department of children's services shall not waive or reduce any debt or restitution owed to the school. The student's records shall be made available to the department of children's services no later than five (5) business days from the date the LEA received the records request from the department.

Part 10 Curriculum Generally

§ 49-6-1001. Flag — Recitation of the Pledge of Allegiance — Display of flag.

(a) All boards of education shall direct and all teachers employed by the public schools shall give instructions to the pupils of the schools, and shall have the pupils study as a part of the curriculum, the uses, purposes and methods of displaying the American flag and other patriotic emblems, and the history and usage of the pledge of allegiance to the flag of the United States of America.
(b) In recognition of the civic heritage of the United States of America, all students shall be required to learn the Pledge of Allegiance and to demonstrate such knowledge.
(c)
1. (1) Each board of education shall require the daily recitation of the Pledge of Allegiance in each classroom in the school system in which a flag is displayed. Each LEA is encouraged to have a flag in each classroom and patriotic, fraternal and other organizations or individuals are encouraged to donate flags to schools to enable them to have the flag of the United States of America present in each classroom. Each board of education shall determine the appropriate time during the school day for the recitation of the Pledge of Allegiance. At the time designated for the recitation of the Pledge of Allegiance, students shall stand and recite the Pledge of Allegiance while facing the flag with their right hands over their hearts or in an appropriate salute if in uniform; provided, however, that no student shall be compelled to recite the Pledge of Allegiance if the student or the student's parent or legal guardian objects on religious, philosophical or other grounds to the student participating in such exercise. Students who are thus exempt from reciting the pledge of allegiance shall remain quietly standing or sitting at their desks while others recite the Pledge of Allegiance and shall make no display that disrupts or distracts others who are reciting the Pledge of Allegiance. Teachers or other school staff who have religious, philosophical or other grounds for objecting are likewise exempt from leading or participating in the exercise. If a teacher chooses not to lead the Pledge, another suitable person shall be designated either by the teacher or principal to lead the class. Each board of education shall provide appropriate accommodations for students, teachers or other staff who are unable to comply with the procedures described in this subdivision (c)(1) due to disability.
2. (2) The board of education's code of conduct shall apply to disruptive behavior during the recitation of the Pledge of Allegiance in the same manner as provided for other circumstances of such behavior.
(d)
1. (1) To promote compliance with constitutional restrictions, as well as observance of constitutional rights, the state board of education shall, in consultation with the attorney general and reporter, develop guidelines on constitutional rights and restrictions relating to the recitation of the Pledge of Allegiance to the American flag in public schools.
2. (2) The state board of education's guidelines shall include, but shall not be limited to, provisions that address the following:
  1. (A) The initiative and involvement of local boards of education and individual schools, administrators, teachers and students;
  2. (B) The propriety and constitutionality of any recitation or participation requirements;
  3. (C) Appropriate etiquette and conventions for respecting the dignity and appropriate display of the flag of the United States; and
  4. (D) Relevant state and federal constitutional concerns, such as freedom of speech and religion.
(e) All displays of the flag of the United States on school property and at school events shall conform to the manner of display as prescribed in federal law, 4 U.S.C. §§ 1-10, and taught in the public schools pursuant to subsection (a). A local board of education shall permit the display of the flag of the United States on school property or at a school event; provided, that the flag is properly displayed according to federal law.

§ 49-6-1002. Use of school time for athletics — Teacher salaries.

(a) It is unlawful for any president, principal or teacher of any educational institution under the control of the state board of education or any local board of education to dismiss the school or any group of students or pupils of the school for the purpose of permitting them to practice or play baseball, football, basketball or any other similar game within the regular school hours of any school day of the week, without written permission from the governing board of the institution.
(b) Nothing in this section shall be construed to preclude regular physical training lessons as a part of the daily program of the school.
(c) A local education agency, local school board, school, educator, or employee or the employee's representative may not require a student to attend a school athletic event, or event related to participation on a school athletic team, if the event is on an official school holiday, observed day of worship, or religious holiday. The parent or legal guardian of a student participating in a school athletic event may provide written notice that the student will not be in attendance to the coach or administrator of the athletic event at least three (3) full school days prior to the event. Prior written notice to the coach or administrator of the school athletic event may not be required if the absence is due to an unforeseen emergency.
(d) The salaries of the teachers are left to the discretion of and are to be set by the local board of education.

§ 49-6-1003. [Reserved]

§ 49-6-1004. Period of silence or prayer.

(a) In order for all students and teachers to prepare themselves for the activities of the day, a period of silence of approximately one (1) minute in duration shall be maintained in each grade in public schools at the beginning of each school day. At the opening of the first class each day, it is the responsibility of each teacher in charge of each class to call the students to order and announce that a moment of silence is to be observed. The teacher shall not indicate or suggest to the students any action to be taken by them during this time, but shall maintain silence for the full time. At the end of this time, the teacher shall indicate resumption of the class in an appropriate fashion, and may at that time make school announcements or conduct any other class business before commencing instruction.
(b) It is lawful for any teacher in any of the schools of the state that are supported, in whole or in part, by the public funds of the state, to permit the voluntary participation by students or others in prayer. Nothing contained in this section shall authorize any teacher or other school authority to prescribe the form or content of any prayer.
(c) Notwithstanding subsections (a) and (b), nonsectarian and nonproselytizing voluntary benedictions, invocations or prayers that are initiated and given by a student volunteer or student volunteers may be permitted on public school property during school-related noncompulsory student assemblies, school-related student sporting events and school-related commencement ceremonies. Such permission shall not be construed to indicate any support, approval or sanction by the state or any governmental personnel or official of the contents of the benedictions, invocations or prayers or to be the promotion or establishment of any religion, religious belief or sect.

§ 49-6-1005. Inclusion of religion for education purposes only — Adoption of policy regarding inclusion of religion in local curriculum — Publicly available syllabus — Revision of social studies standards.

(a) The inclusion of religion in textbooks, instructional materials, curriculum, or academic standards shall be for educational purposes only and shall not be used to proselytize or establish any religion or religious belief.
(b) Prior to the 2016-2017 school year, each local school board shall adopt a policy regarding the appropriate inclusion of religion in local curriculum and instructional materials; provided, that an opportunity for public comment shall be provided by each local school board before adoption of the policy.
(c) Each LEA shall make publicly available a syllabus for all grade six (6) through twelve (12) social studies, science, math, and English language arts courses. The syllabus shall at a minimum include:
1. (1) A course calendar that includes standards, objectives, and topics covered;
2. (2) Major assignments required and field trips; and
3. (3) Procedures for parental access to instructional materials in accordance with § 49-6-7003.
(d)
1. (1) The state board of education shall initiate a revision process for the social studies standards adopted in 2013.
2. (2) The revision process shall be in accordance with § 49-1-313.
3. (3) The state board shall ensure that the revised standards do not promote religion and do not amount to indoctrination or proselytism.

§ 49-6-1006. Black history and culture — Multicultural diversity. [Effective on July 1, 2025. See the version effective until July 1, 2025.]

(a) Each LEA shall include in the course of instruction for students in grades five through eight (5-8) curricula designed to educate students in:
1. (1) Black history and black culture; and
2. (2) The contribution of black people to the history and development of this country and of the world.
(b) The state board of education shall include multicultural diversity when developing frameworks and curricula to be taught at appropriate grade levels for students in kindergarten through grade twelve (K-12).

§ 49-6-1006. Black history and culture. [Effective until July 1, 2025. See the version effective on July 1, 2025.]

The course of instruction in all public schools should include, at some appropriate grade level or levels, as determined by the local board of education, courses and content designed to educate children in black history and culture and the contribution of black people to the history and development of this country and of the world. The general assembly finds that the goal of curriculum shall include the history, heritage, culture, experience and ultimate destiny of all social, ethnic, gender and national groups and individuals, and that such are represented as interdependent, interactive and complementary. The state board of education shall include multicultural diversity when developing frameworks and curricula to be taught at appropriate grade levels kindergarten through grade twelve (K-12).

§ 49-6-1007. Character education.

(a) The course of instruction in all public schools shall include character education to help each student develop positive values and improve student conduct as students learn to act in harmony with their positive values and learn to become good citizens in their school, community and society. Public schools are urged to include the use of nonviolence as a means of conflict resolution within character education.
(b)
1. (1) The department of education shall provide the appropriate method of instruction in kindergarten through grade twelve (K-12), in conformity with the elementary school curriculum provided for in subsection (c).
2. (2) Local boards of education may implement additional courses and materials in character education at their discretion.
(c) Each LEA shall provide the character education curriculum set forth in the curriculum provided by the department or a comparable program approved by the department.
(d) Human resource agencies created pursuant to title 13, chapter 26 may serve as the service delivery system for the character education program.
(e) Local education agencies are authorized and encouraged to adopt as their course of instruction in character education the Congressional Medal of Honor Character Development Program. This program may be adopted for the appropriate grade levels and integrated into a number of academic subjects, including, but not limited to, government, contemporary issues, history, sociology, psychology, language arts, leadership, and mathematics.

1 Backlink

49-6-1201

§ 49-6-1008. AIDS education programs — Prevention of AIDS or other sexually transmitted diseases.

(a) All material that includes information pertaining to the prevention of acquired immune deficiency syndrome (AIDS) or other sexually transmitted diseases that is written, published, distributed or used by any public entity or is paid for, in whole or in part, with any public moneys, and that is directed to children in kindergarten through grade twelve (K-12), shall place primary emphasis on abstinence from premarital intimacy and on the avoidance of drug abuse in controlling the spread of AIDS.
(b) Adoption of any program of AIDS education shall be permissive and shall not be required in any LEA until adopted by the local board of education.

§ 49-6-1009. American sign language.

(a) American sign language is recognized and adopted as the official and native sign language of the deaf in this state.
(b) It is the intent of the general assembly to:
1. (1) Formally express its respect for American sign language;
2. (2) Promote public awareness of and appreciation for American sign language, its use and its benefits;
3. (3) Preserve the culture and heritage of American sign language; and
4. (4) Encourage Tennessee schools to offer courses in American sign language and to accept these courses as satisfying foreign language requirements.
(c) The state board of education shall adopt a policy allowing American sign language courses to satisfy the foreign language credits required for graduation.

§ 49-6-1010. Computer science education.

(a) In order for every student for whom it is educationally appropriate to receive instruction in computer science sufficient to enable the student to communicate and to be prepared for the technological jobs of today and tomorrow, the state board of education shall, no later than the 2024-2025 school year:
1. (1) Require each public high school to offer its students access to at least one (1) credit of computer science education;
2. (2) Require each public middle school student to take one (1) course in computer science education that includes instruction for a minimum of one (1) grading period for one (1) full school year;
3. (3) Approve appropriate computer science courses that allow LEAs and public charter schools to meet the requirements of subdivisions (a)(1) and (a)(2). A computer science course may include, but is not limited to, grade-appropriate instruction on how and why technologies work; exploring whether and how technologies may solve real-life problems; investigating procedures; creating solutions; and learning about computing systems, programming, data, networks, and the effects of technologies on society and individuals; and
4. (4) Require each elementary school to provide each student grade-appropriate computer science education based on the academic standards in computer science education adopted by the state board of education.
(b)
1. (1) A high school student pursuing a traditional high school diploma, as described in the state board of education's rules, must receive at least one (1) credit of computer science education in high school.
2. (2) Subdivision (b)(1) only applies to students who enroll in the ninth grade in the 2024-2025 school year, or in a subsequent school year.
(c) A student who transfers to a Tennessee high school during the student's senior year is not required to receive one (1) credit of computer science education in high school in order to receive a traditional high school diploma.
(d) By July 1, 2024, and each July 1 thereafter, the department of education shall submit a report to the education committee of the senate, the education instruction committee of the house of representatives, and the education administration committee of the house of representatives regarding the implementation and status of computer science education in Tennessee.

1 Backlink

49-1-232(1)

§ 49-6-1011. Historical documents, writings and records — Use in classrooms — Censorship prohibited.

(a) No teacher or administrator in an LEA shall be prohibited from using or reading from, during the course of educational instruction, or from posting in a public school building, classroom or event, any of the following or any excerpts or portions of the following:
1. (1) The national motto;
2. (2) The national anthem;
3. (3) The Pledge of Allegiance;
4. (4) The Constitution of Tennessee;
5. (5) The Declaration of Independence;
6. (6) The writings, speeches, documents and proclamations of the founders or presidents of the United States or the founders or governors of this state;
7. (7) Opinions of the United States and Tennessee supreme courts;
8. (8) Acts of the United States congress and acts of the Tennessee general assembly; and
9. (9) The United States Constitution.
1 Backlink
- 49-6-1028(b)(1)
(b) The list of historically significant or venerated documents, writings or records set out in subsection (a) shall not be construed to be exclusive, and the doctrine of ejusdem generis shall not be applied to prohibit the use, reading or posting of other such documents, writings or records.
(c) The use, reading or posting of the types of documents, writings and records authorized by this section shall be undertaken for educational purposes only and shall not be used to promote or establish any religion or religious belief.
(d) There shall be no content-based censorship of American or Tennessee history or heritage based on any religious references contained in such documents, writings or records.
(e) Each student shall be taught the documents, writings or records set out in subsection (a).
(f) The documents, writings or records set out in subsection (a) shall be taught at an age appropriate time prior to graduation from high school as determined by the state board of education.

2 Backlinks

§ 49-6-1012. Academic acceleration policy.

(a) As used in this section:
1. (1) “Academic acceleration policy” means a policy that establishes objective criteria for the enrollment of students into any available advanced English language arts, mathematics, or science courses; and
2. (2) “Parent” means the parent, guardian, or person who has custody of the child, or individual who has caregiving authority under § 49-6-3001.
(b) By the 2021-2022 school year, a local board of education or public charter school governing body shall develop and adopt an academic acceleration policy for the enrollment of students in grades seven through twelve (7-12) into any available advanced English language arts, mathematics, or science courses.
(c) The objective criteria in an academic acceleration policy developed and adopted pursuant to subsection (b) must include, but is not limited to:
1. (1) A student's performance on the most recent Tennessee comprehensive assessment program (TCAP) assessment; and
2. (2) A student's grades in the student's English language arts, mathematics, or science courses.
(d) A local board of education or public charter school governing body may incorporate additional criteria into an academic acceleration policy developed and adopted pursuant to subsection (b), which may include:
1. (1) A student's results on local assessments;
2. (2) A student's high school plan of study; and
3. (3) Student self-nomination.
(e)
1. (1) An LEA or public charter school shall notify the parent of a student eligible to enroll in an advanced course, pursuant to the LEA's or public charter school's academic acceleration policy, of the student's eligibility to enroll in the advanced course.
2. (2) The notice required under subdivision (e)(1) must:
  1. (A) Be provided in writing;
  2. (B) Inform the student's parent that once enrolled, the student must remain enrolled in the advanced course unless the parent requests, in writing, that the parent's student be removed from the course; and
  3. (C) Provide a date by which the student's parent must submit a written request to the LEA or public charter school to remove the student from the advanced course.
(f) An LEA or public charter school shall not remove a student who is enrolled in an advanced course, pursuant to the LEA's or public charter school's academic acceleration policy, unless:
1. (1) The student's parent timely submits a request in writing to the LEA or public charter school requesting that the parent's student be removed from the course; or
2. (2) After no less than thirty (30) days of instruction, the student's teacher in an advanced course determines that, based on the student's performance in the course, the student should be removed from the course and placed in an alternate course. If a teacher determines that a student should be removed from an advanced course pursuant to this subdivision (f)(2), then the student's teacher may submit a request to the principal, or the principal's designee, to remove the student from the advanced course. The principal, or the principal's designee, shall review a removal request made by a teacher pursuant to this subdivision (f)(2), and must either grant or deny the teacher's request.
(g)
1. (1) By October 1, 2022, and each October 1 thereafter, the department of education shall submit a report to the education committees of the senate and the house of representatives containing:
  1. (A) Data collected by the department on the number and demographics of students qualified under this section to enroll in advanced English language arts, mathematics, or science courses in grades seven through twelve (7-12) compared with the numbers and demographics of students not enrolled in advanced English language arts, mathematics, or science courses; and
  2. (B) Information on the type and format of the advanced courses offered by each LEA and public charter school and any feedback received from LEAs and public charter schools on the implementation of this section.
2. (2) The department shall post the report described under this subsection (g) on the department's website.
3. (3) Disclosure under this subsection (g) 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.
(h) The state board of education is authorized to promulgate rules to effectuate the purposes of this act, including objective criteria for enrollment in available advanced English language arts, mathematics, or science courses that local boards of education or public charter school governing bodies must use to develop the policy required under subsection (b). The rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

§ 49-6-1013. Textbooks or instructional materials covering personal finance.

Each LEA is encouraged when selecting textbooks or instructional materials for economics or similar courses to select those textbooks or instructional materials that contain substantive provisions on personal finance, including personal budgeting, credit and debt management and similar personal financial topics.

§ 49-6-1014. Celebrate Freedom Week.

(a)
1. (1) As used in this section, “Constitution Day” means a federal observance that recognizes the adoption of the United States Constitution and those who have become United States citizens that is normally observed on September 17, the day in 1787 that delegates to the Constitutional Convention signed the document in Philadelphia, unless the day falls on a weekend or on another holiday, in which schools observe the holiday during the week of classes in which the seventeenth day of such month falls.
2. (2) For purposes of subdivision (a)(1), Sunday shall be considered the first day of the week.
(b) To educate students in grades kindergarten through twelve (K-12) about the sacrifices made for freedom in the founding of this country and the values upon which this country was founded, the week of September 17, 2018, and annually thereafter, is designated as Celebrate Freedom Week to honor Constitution Day in all public schools.
(c) The department of education shall promote Celebrate Freedom Week.
(d) During Celebrate Freedom Week, all students in grades kindergarten through twelve (K-12) shall receive instruction on Celebrate Freedom Week topics, including the resources and materials in subsection (f) to be determined by each school.
(e) Each topic of Celebrate Freedom Week shall be taught in compliance with § 49-6-1011.
(f) No later than December 31, 2017, the department of education shall provide each LEA with a variety of age and grade appropriate internet resources and materials for instructional use for Celebrate Freedom Week. The resources and materials shall be provided to aid educators and curriculum coordinators in creating programs and lesson plans for Celebrate Freedom Week. The department and LEA shall post information about Constitution Day and Celebrate Freedom Week, as well as the recommended resources and materials on their respective websites.
(g) Schools are encouraged to:
1. (1) Create materials and resources for the week in accordance with this section;
2. (2) Study the meaning and importance of the Declaration of Independence and the United States constitution with an emphasis on the preamble and the bill of rights; and
3. (3) Provide for the study of the Declaration of Independence to include study of the relationship between ideas expressed in that document and subsequent American history, including:
  1. (A) The rich diversity of American people as a nation of immigrants;
  2. (B) The American revolution;
  3. (C) The formulation of the United States constitution; and
  4. (D) The abolitionist movement, including the emancipation proclamation and the women's suffrage movement.
(h) During Celebrate Freedom Week, all students are encouraged to study and recite the following language from the Declaration of Independence that sum up the American philosophy of freedom:
1. We hold these truths to be self-evident, that all men are created equal, that they are endowed by their creator with certain unalienable rights, that among these are life, liberty, and the pursuit of happiness. That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed.

§ 49-6-1015. Senator Douglas Henry Tennessee History Act.

(a) This section shall be known and may be cited as the “Senator Douglas Henry Tennessee History Act.”
(b) The general assembly finds that:
1. (1) It is essential for all citizens to know and understand the unique heritage and history of the state of Tennessee;
2. (2) A clear and full understanding of Tennessee's history is fundamental to understanding Tennessee's place in the United States and the world; and
3. (3) Providing and promoting Tennessee history should be a core mission of our system of education.
(c) Beginning with the 2019-2020 school year, the state board of education shall require a course in Tennessee history for students.

§ 49-6-1016. Noncompulsory gun safety class or program for elementary school students.

An LEA may offer a noncompulsory gun safety class or program for students in elementary school. If an LEA offers a gun safety class or program, then the LEA may incorporate, in the class or program, the rules and principles of gun safety developed by an organization specializing in firearms training and safety that the local board of education finds appropriate to incorporate. The course of instruction shall not permit the use or presence of live ammunition or live fire.

§ 49-6-1017. Sexual violence awareness curriculum.

(a) Subject to the guidance and approval of the state board of education, local boards of education are urged to develop a sexual violence awareness curriculum for presentation at least once in grades seven (7) and eight (8) and at least once, preferably twice, in grades nine through twelve (9-12), as part of the wellness, family life, safety, or other existing curricula. The curriculum should include instruction to increase students' awareness and understanding of teen dating violence and sexual violence, including, but not limited to, date rape, acquaintance rape, stranger rape, statutory rape, rape prevention strategies, resources and support available to victims of teen dating violence and sexual violence, and prosecution of crimes associated with teen dating and sexual violence.
(b) The curriculum should address, in age-appropriate language, topics including, but not limited to:
1. (1) What teen dating violence is;
2. (2) What sexual violence is, and specifically, what date rape, acquaintance rape, stranger rape, and statutory rape are and the dangers of sexual violence;
3. (3) What are the methods and means of avoiding and preventing victimization from teen dating violence or sexual violence;
4. (4) How alcohol and other drugs are used to facilitate date rape or acquaintance rape, and the dangers of these substances;
5. (5) Why there is a need for prompt medical attention and medical evaluation of victims of sexual violence;
6. (6) What is the nature and prevention of AIDS and other sexually transmitted diseases;
7. (7) How to preserve forensic evidence of sexual violence and specifically what victims should and should not do after being sexually assaulted;
8. (8) Who are the authorities to whom teen dating violence and sexual violence should be reported in a timely manner, including, but not limited to, identification of and telephone numbers for local law enforcement personnel to whom sexual crimes should be reported;
9. (9) What persons, including school personnel, and organizations provide support and resources for victims of teen dating violence and sexual violence; and
10. (10) What are the penalties and long-term consequences resulting from conviction of sexual crimes, including, but not limited to, rape and statutory rape.

§ 49-6-1018. Governor's Civics Seal.

(a) There is established the Governor's Civics Seal to recognize public schools and local education agencies that implement high-quality civic education programs that prepare students for career and civic life.
(b) The department of education shall identify on the state report card:
1. (1) Each school earning the Seal as a Tennessee Excellence in Civics Education School; and
2. (2) Each local education agency in which at least eighty percent (80%) of the LEA's schools earn the Seal as a Tennessee Excellence in Civics Education District.
(c) The department shall develop, and the state board of education shall adopt, criteria that a school must meet to earn the Seal. The criteria must require the school to:
1. (1) Incorporate civic learning across a broad range of grades and academic subjects that build on the Tennessee academic standards, such as the civics lesson plans and the blue book lesson plans provided by the secretary of state;
2. (2) In accordance with § 49-6-1028, provide instruction regarding our nation's democratic principles and practices, the significant events and individuals responsible for the creation of our foundational documents, and the formation of the governments of the United States and the State of Tennessee using the federal and state foundational documents;
3. (3) Provide professional development opportunities or student resources that facilitate civics education, such as civics education workshops offered by the secretary of state;
4. (4) Provide opportunities for students to engage in real-world learning activities, including the secretary of state's student mock election and civics essay contest;
5. (5) Have fully implemented a high-quality, project-based assessment in accordance with § 49-6-1028(d), if applicable; and
6. (6) Be recognized as a civics all-star school in accordance with § 49-6-408, if applicable.

§ 49-6-1019. Concepts prohibited from inclusion or promotion in course of instruction — Withholding of state funds upon violation.

(a) An LEA or public charter school shall not include or promote the following concepts as part of a course of instruction or in a curriculum or instructional program, or allow teachers or other employees of the LEA or public charter school to use supplemental instructional materials that include or promote the following concepts:
1. (1) One (1) race or sex is inherently superior to another race or sex;
2. (2) An individual, by virtue of the individual's race or sex, is inherently privileged, racist, sexist, or oppressive, whether consciously or subconsciously;
3. (3) An individual should be discriminated against or receive adverse treatment because of the individual's race or sex;
4. (4) An individual's moral character is determined by the individual's race or sex;
5. (5) An individual, by virtue of the individual's race or sex, bears responsibility for actions committed in the past by other members of the same race or sex;
6. (6) An individual should feel discomfort, guilt, anguish, or another form of psychological distress solely because of the individual's race or sex;
7. (7) A meritocracy is inherently racist or sexist, or designed by a particular race or sex to oppress members of another race or sex;
8. (8) This state or the United States is fundamentally or irredeemably racist or sexist;
9. (9) Promoting or advocating the violent overthrow of the United States government;
10. (10) Promoting division between, or resentment of, a race, sex, religion, creed, nonviolent political affiliation, social class, or class of people;
11. (11) Ascribing character traits, values, moral or ethical codes, privileges, or beliefs to a race or sex, or to an individual because of the individual's race or sex;
12. (12) The rule of law does not exist, but instead is a series of power relationships and struggles among racial or other groups;
13. (13) All Americans are not created equal and are not endowed by their Creator with certain unalienable rights, including, life, liberty, and the pursuit of happiness; or
14. (14) Governments should deny to any person within the government's jurisdiction the equal protection of the law.
(b) Notwithstanding subsection (a), this section does not prohibit an LEA or public charter school from including, as part of a course of instruction or in a curriculum or instructional program, or from allowing teachers or other employees of the LEA or public charter school to use supplemental instructional materials that include:
1. (1) The history of an ethnic group, as described in textbooks and instructional materials adopted in accordance with part 22 of this chapter;
2. (2) The impartial discussion of controversial aspects of history;
3. (3) The impartial instruction on the historical oppression of a particular group of people based on race, ethnicity, class, nationality, religion, or geographic region; or
4. (4) Historical documents relevant to subdivisions (b)(1)-(3) that are permitted under § 49-6-1011.
(c) If the commissioner of education finds that an LEA or public charter school knowingly violated this section, then the commissioner shall withhold state funds, in an amount determined by the commissioner, from the LEA or public charter school until the LEA or public charter school provides evidence to the commissioner that the LEA or public charter school is no longer in violation of this section.

§ 49-6-1020. Recycling program.

Each public school, under the guidance of the school's LEA, is encouraged to adopt a recycling program.

§ 49-6-1021. Opportunities for physical activity.

(a) In accordance with § 49-6-1022, it shall be the duty of each LEA to integrate:
1. (1) For elementary school students, a minimum of one hundred thirty (130) minutes of physical activity per full school week; and
2. (2) For middle and high school students, a minimum of ninety (90) minutes of physical activity per full school week.
(b) Physical activity may include walking, jumping rope, playing volleyball, or other forms of physical activity that promote fitness and well-being; however, walking to and from class shall not be considered physical activity for purposes of this section. To satisfy the requirements of subdivision (a)(1), an LEA shall offer elementary students at least one fifteen-minute (15) minute period of physical activity per day.
(c) The office of coordinated school health in the department of education shall provide an annual report by October 1, to the education committees of the house of representatives and the education committee of the senate on the implementation of subsection (a). The report shall contain at least the following information:
1. (1) The percentage of public schools that integrate the required physical activity into the instructional school day in compliance with subsection (a);
2. (2) The types of physical activities that are used to meet the physical activity requirement;
3. (3) Any barriers that have limited full compliance with the physical activity requirement;
4. (4) Innovative methods that schools use to comply with the physical activity requirement;
5. (5) The ranking of Tennessee schools in providing physical activity and physical education as compared to other states;
6. (6) Relevant data or studies that link physical activity or physical education to academic performance in students;
7. (7) Relevant data or studies showing whether increased physical activity or physical education lead to better health outcomes;
8. (8) The annual percentage of increase or decrease in compliance with the physical activity requirement in school districts with average daily membership of twenty-five thousand (25,000) or more students; and
9. (9) An overall summary and a set of recommendations to promote active living in the youth of this state, including, but not limited to, suggestions for increasing compliance with the physical activity requirement that can be implemented with minimal cost.
(d) Nothing in this section shall prevent an LEA from integrating more student physical activity for elementary, middle, and high school students during the school week than required in subsection (a). The requirements of subsection (a) may work in conjunction with the school's physical education program, but subsection (a) shall not replace the current physical education program in a school.
(e)
1. (1) In addition to the integration of physical activity into the instructional school day according to subsection (a), each LEA shall require each student in elementary school to participate in a physical education class that meets at least two (2) times per full school week during the school year. The total physical education class time each full school week shall be no less than sixty (60) minutes.
2. (2) The physical education class shall meet the needs of students of all physical ability levels, including students with disabilities who shall participate in moderate physical activity to the extent appropriate as determined by the Individuals with Disabilities Education Act (20 U.S.C. § 1400 et seq.), Section 504 of the Rehabilitation Act (29 U.S.C. § 701 et seq.), or the student's individualized education program. An accommodation or alternative physical activity shall be provided for children with disabilities, if necessary.
3. (3) The physical education class required by this subsection (e) shall be taught by a licensed teacher with an endorsement in physical education or by a specialist in physical education.
  1 Backlink
  - 49-5-106(j)
4. (4) A student shall be excused from a physical education class for medical reasons. The LEA may require a parent or legal guardian to provide documentation of a student's reason for being excused from the physical education class.
5. (5)
  1. (A) This subsection (e) shall not apply to any county having a population of not less than thirty-eight thousand three hundred (38,300) nor more than thirty-eight thousand four hundred (38,400), according to the 2010 federal census or any subsequent federal census, until the 2021-2022 school year; and
  2. (B) This subsection (e) shall not apply to any county having a population of not less than fifty-seven thousand four hundred (57,400) nor more than fifty-seven thousand five hundred (57,500), according to the 2010 federal census or any subsequent federal census, until the 2021-2022 school year.
6 Backlinks
(f) Each LEA shall file an annual report with the commissioner of education verifying that the LEA has met the physical education requirements of this section.
(g) Subsections (e) and (f) apply to the 2020-2021 school year and each school year thereafter.

§ 49-6-1022. School health program — School health coordinator and specialist in physical education.

(a) Each LEA is authorized to implement a coordinated school health program under the guidelines developed by the commissioner of education, in consultation with the department of health, pursuant to § 49-1-1002, during the 2006-2007 school year, and shall implement the program by the 2007-2008 school year.
(b) To assist with the implementation and support of coordinated school health programs, there are created in the department of education the positions of school health coordinator and specialist in physical education. The school health coordinator shall coordinate and oversee the implementation of coordinated school health programs in LEAs, provide continuing support for coordinated school health programs and perform other duties that may be assigned by the commissioner. The specialist in physical education shall serve as a resource and support person for any LEA with regard to implementation of physical education programs, provide information to LEAs relating to physical education and relating to professional development for physical education instructors and perform other duties that may be assigned by the commissioner.

1 Backlink

49-6-1021(a)

§ 49-6-1023. [Reserved]

§ 49-6-1024. Instruction in school safety issues.

(a) In reviewing the lifetime wellness standards, the department of education shall consider including instruction in current and appropriate school safety issues, to include drugs, alcohol, weapons, bomb threats, emergency evacuations and violent school incidents.
(b) The department is encouraged to collaborate with the University of Tennessee in developing school safety instructional materials and course objectives.
(c) The department shall review the United States department of homeland security's guidelines and other topically-relevant issues for inclusion in school safety programs.

§ 49-6-1025. Art and music education.

(a) The course of instruction in all public schools for kindergarten through grade eight (K-8) shall include art and music education to help each student foster creative thinking, spatial learning, discipline, craftsmanship and the intrinsic rewards of hard work.
(b) Local boards of education are encouraged to fully implement the art and music standards adopted by the board of education through both art and music classes, as well as integration into other core academic subjects.

§ 49-6-1026. Approval for elective state funded course for nonsectarian, nonreligious academic study of the Bible — Course requirements.

(a) The state board of education is authorized to approve academic standards for an elective state-funded course consisting of a nonsectarian, nonreligious academic study of the Bible. The course may include the impact of the Bible on literature, art, music, culture and politics. The curriculum and associated textbooks and instructional materials shall meet academic rigor and standards of the state board of education in the same manner as required for approval of any other elective course, textbook and instructional materials approved by the state board and shall meet the requirements of the constitutions of the United States and of this state. The course provided for in this section shall:
1. (1) Be taught in an objective and nondevotional manner with no attempt made to indoctrinate students;
2. (2) Not include teaching of religious doctrine or sectarian interpretation of the Bible or of texts from other religious or cultural traditions; and
3. (3) Not disparage or encourage a commitment to a particular set of religious beliefs.
(b) All courses that were taught in the 2007-2008 school year under a special course number in any LEA in the state for an elective course consisting of an academic study of the Bible shall be an approved curriculum by the department of education.
(c)
1. (1) Any course for an academic study of the Bible using a curriculum developed by an LEA that has been approved by the department of education may be adopted by another LEA without further approval by the department.
2. (2) The department of education shall make available on its website:
  1. (A) A list identifying each LEA that has developed a Bible course curriculum that has been approved by the department and that is available for adoption by another LEA pursuant to subdivision (c)(1);
  2. (B) All Bible course curricula developed by LEAs that have been approved by the department and that are available for adoption by another LEA pursuant to subdivision (c)(1);
  3. (C) The academic standards for a Bible course that have been approved by the state board of education under subsection (a); and
  4. (D) Instructions on how an LEA may submit its own Bible course curriculum for approval.
3. (3) The state board of education shall include on its list of approved high school courses the elective Bible course developed pursuant to subsection (a).
4. (4) The department shall notify each LEA in writing, no later than July 1 of each year, of the LEA's ability to offer an elective state-funded Bible course consisting of a nonsectarian, nonreligious academic study of the Bible in accordance with this section, and the ability of each LEA to develop its own Bible course curriculum.
(d) An LEA that elects to offer a course and utilize an associated textbook or instructional materials approved in accordance with subsection (a) shall implement the course in accordance with the constitutions of the United States and of this state, including the manner in which the course is taught in the classroom and the assignment by the LEA of the individual teaching the course. The individual assigned to teach the course shall meet all certification requirements and all other provisions of this chapter relating to personnel employed by local units of administration. In addition, no person shall be assigned to teach the course based in whole or in part on any religious test, profession of faith or lack of faith, prior or present religious affiliation or lack of affiliation, or criteria involving particular beliefs or lack of beliefs about the Bible or in violation of § 49-6-2906 or part 80 of this chapter.
(e) Nothing in this section shall be construed as mandating that an LEA use the curriculum developed under subsection (a) for an academic study of the Bible or prohibiting an LEA from adopting its own curriculum for an academic study of the Bible; provided, that any academic study of the Bible so offered shall be approved as a special course according to the rules of the state board of education and in compliance with the constitutions of the United States and of this state.

§ 49-6-1027. [Reserved]

§ 49-6-1028. Legislative findings — Public school courses and content to educate children about the United States and Tennessee governments.

(a) The general assembly finds that:
1. (1) Effective and responsible participation in political life as competent citizens requires the acquisition of a body of knowledge and of intellectual and participatory skills;
2. (2) It is essential to the future health of our republic that all citizens be knowledgeable about democratic principles and practices, including fundamental documents such as the state and federal constitutions, the Declaration of Independence, and the Gettysburg Address;
3. (3) Individuals who have a clear and full understanding of the rights and responsibilities of citizens in a republic are more likely to exercise and defend those rights and responsibilities; and
4. (4) Providing civic education and promoting good citizenship and understanding fundamental democratic principles should be core missions of Tennessee secondary schools.
(b)
1. (1) The state board of education shall include in the social studies standards, at the appropriate grade level or levels in high school, as determined by the state board of education through standards and the local board of education through curriculum, courses and content designed to educate children about the United States and Tennessee governments. The standards shall include the three (3) branches of government, the fundamental documents identified in § 49-6-1011(a) that underpin our form of government, an understanding of how laws are enacted, and ways citizens shape and influence government and governmental actions.
2. (2)
  1. (A) Students shall be taught about the formation of the governments of the United States and Tennessee using federal and state foundational documents. They shall also be taught the significance and relevance of those federal and state foundational documents today. This instruction shall include:
    1. (i) The historical and present-day significance of the Declaration of Independence;
    2. (ii) How the United States Constitution establishes the federal government and the characteristics of the republic created by it;
    3. (iii) How the United States Constitution with the Bill of Rights and the Tennessee Constitution with the Declaration of Rights are applicable in today's society;
    4. (iv) How the United States Constitution is changed and the changes that have been made to it since 1787;
    5. (v) Why Tennessee has had three (3) constitutions, the Constitutions of 1796, 1834, and 1870, and how changes have been made to the Tennessee Constitution of 1870; and
    6. (vi) How other foundational documents of the United States and Tennessee aided in the formation of the federal and state governments.
  2. (B) Students in grades nine through twelve (9-12) must be taught about the virtues of capitalism and the constitutional republic form of government in the United States and Tennessee, as compared to other political and economic systems such as communism and socialism.
3 Backlinks
(c) The commissioner of education shall advise all local boards of education of the requirements of this section.
(d)
1. (1) Beginning with the 2012-2013 school year, in conjunction with the social studies curriculum, all LEAs shall implement a project-based assessment in civics at least once in grades four through eight (4-8) and at least once in grades nine through twelve (9-12). The assessments shall be developed by the LEA and designed to measure the civics learning objectives contained in the social studies curriculum and to demonstrate understanding and relevance of public policy, the structure of federal, state and local governments and both the Tennessee and the United States constitutions.
2. (2) The department of education may seek the assistance of appropriate outside entities, including the Tennessee Center for Civic Learning and Engagement, to assist it with the implementation of any necessary professional development on the use of project-based assessments of civics learning.
3. (3) For the purposes of this section, “project-based” means an approach that engages students in learning essential knowledge and skills through a student-influenced inquiry process structured around complex, authentic questions and carefully designed products and tasks.
4. (4) [Deleted by 2022 amendment.]
1 Backlink
- 49-6-1018(c)(5)

1 Backlink

49-6-1018(c)(2)

§ 49-6-1029. [Reserved]

§ 49-6-1030. Teaching scientific subjects in public schools.

(a) The state board of education, public elementary and secondary school governing authorities, directors of schools, school system administrators, and public elementary and secondary school principals and administrators shall endeavor to create an environment within public elementary and secondary schools that encourages students to explore scientific questions, learn about scientific evidence, develop critical thinking skills, and respond appropriately and respectfully to differences of opinion about scientific subjects required to be taught under the standards developed by the state board of education.
(b) The state board of education, public elementary and secondary school governing authorities, directors of schools, school system administrators, and public elementary and secondary school principals and administrators shall endeavor to assist teachers to find effective ways to present the science curriculum taught under the standards developed by the state board of education as it addresses scientific subjects that may cause debate and disputation.
(c) Neither the state board of education, nor any public elementary or secondary school governing authority, director of schools, school system administrators, or any public elementary or secondary school principal or administrators shall prohibit any teacher in a public school system of this state from helping students understand, analyze, critique, and review in an objective manner the scientific strengths and scientific weaknesses of existing scientific theories covered in the course being taught within the standards developed by the state board of education.
(d) This section only protects the teaching of scientific information, and shall not be construed to promote any religious or nonreligious doctrine, promote discrimination for or against a particular set of religious beliefs or nonbeliefs, or promote discrimination for or against religion or nonreligion.

§ 49-6-1031. Extracurricular activities.

(a) Each school shall notify the parents or legal guardians of all clubs and organizations available to students attending such school by prominently displaying the information in the school's student handbook, or other standard or policy guidebook that contains the policies and procedures of the school and is distributed annually. The list shall include:
1. (1) The names of the clubs and organizations, including any abbreviations or acronyms;
2. (2) The mission and purpose of the clubs and organizations;
3. (3) All financial requirements associated with membership in the club or organization; and
4. (4) Notification of the option set forth in subsection (b) to prohibit a student from participating in any club or organization.
(b)
1. (1) A school shall not allow a minor student to become a member of a club or organization, or allow a minor student to participate in any activity of a club or organization, unless the student's parent or legal guardian first provides consent to the student's membership or participation in a dated, written consent.
2. (2) As used in this subsection (b), “minor student” means a student who is not eighteen (18) years of age or older.

§ 49-6-1032. Program to promote participation of K-12 grade students in community gardening — Elective credit permitted.

In cooperation and consultation with the department of health and the department of finance and administration, the state board of education shall develop and implement a program to promote the participation of students in kindergarten through grade twelve (K-12) in the development and maintenance of community gardens, as defined in § 43-24-102. Such program may include, but is not limited to, offering elective credits for students' participation in community gardening.

§ 49-6-1033. Recognition of and education regarding traditional winter celebrations.

(a) An LEA may educate students about the history of traditional winter celebrations and allow students and LEA staff to offer traditional greetings regarding the celebrations, including, but not limited to:
1. (1) “Merry Christmas”;
2. (2) “Happy Hanukkah”; and
3. (3) “Happy holidays”.
(b) Except as provided in subsection (c), an LEA may display on school property scenes or symbols associated with traditional winter celebrations, including a menorah or a Christmas image such as a nativity scene or Christmas tree, if the display includes a scene or symbol of:
1. (1) More than one (1) religion; or
2. (2) One (1) religion and at least one (1) secular scene or symbol.
(c) A display relating to a traditional winter celebration may not include a message that encourages adherence to a particular religious belief.

§ 49-6-1034. Cursive writing to be included in public school course of instruction.

(a) The state board of education shall include cursive writing in the course of instruction in all public schools through the curriculum standards, at the appropriate grade level, as determined by the state board of education. The local board of education, in providing instruction in cursive writing, shall design curriculum, courses and content to enable students to create readable documents through legible cursive handwriting.
(b) [Deleted by 2022 amendment.]

§ 49-6-1035. Domestic violence awareness education programs.

Each LEA, in consultation with local law enforcement, is strongly encouraged to institute domestic violence awareness education programs for middle and high school students. The domestic violence awareness programs shall provide information on and understanding of domestic violence prevention to increase awareness of resources available to victims of domestic violence. An LEA shall ensure that each program instituted is developmentally appropriate for the age and maturity levels of the students who will take part in the program. LEAs instituting domestic violence programs are strongly encouraged to provide opportunities for participation by all middle and high school students in at least one (1) domestic violence awareness program per year.

Part 11 STEM Education

§ 49-6-1101. Part definitions.

As used in this part:
1. (1) “STEM” means science, technology, engineering, and mathematics;
2. (2) “STEM innovation hub” means a regional partnership of LEAs, institutions of higher education, STEM businesses, and community organizations that have formally committed to amplifying and accelerating the impact of STEM programs in the region; and
3. (3) “TSIN” means the Tennessee STEM innovation network established in 2010 by executive order number 68 as a project within the department of education under an agreement with Battelle Memorial Institute, which is designated as the manager of TSIN and its activities.

§ 49-6-1102. Establishment of STEM innovation hubs.

(a) TSIN shall establish a STEM innovation hub specifically dedicated to serving the rural areas of the state.
(b) TSIN shall also establish a STEM innovation hub located in Northwest Tennessee.

§ 49-6-1103. STEM leadership training.

TSIN shall implement STEM leadership training in all STEM innovation hubs.

§ 49-6-1104. Curriculum in middle schools to educate students on STEM careers.

TSIN shall make available to all middle schools in the state a curriculum to educate students on the variety and benefits of STEM careers. The curriculum shall:
1. (1) Emphasize the benefits of STEM careers in helping people;
2. (2) Not be limited to science classrooms, but be applicable in multiple classrooms;
3. (3) Automatically produce reports detailing the academic skills of students without requiring teachers to separately analyze these skills; and
4. (4) Be available through the internet without requiring additional materials so that rural schools may easily access the curriculum.

§ 49-6-1105. STEM partner organizations.

TSIN shall seek STEM partner organizations, such as the American Chemical Society, to find ways to collaborate on STEM education programs and opportunities.

Part 12 Junior and Senior High Schools — Curriculum

§ 49-6-1201. General provisions.

The course of study to be taught in every high school authorized by part 4 of this chapter shall be adopted by the board of education on the recommendation of the director of schools; provided, that the course or courses shall be in accord with those adopted by the state board of education and should include character education as specified in § 49-6-1007.

§ 49-6-1202. American history and government.

(a)
1. (1) Every four-year high school that receives public funds from city, county or state governments shall require every student to have at least one (1) year of instruction in American history and government, preferably in the fourth year.
2. (2) Any student in any of the designated schools who fails or refuses to take the subjects named in subdivision (a)(1) shall not be admitted to the University of Tennessee or the state university and community college system of Tennessee unless and until the student agrees to earn credit in these subjects in the first or second year of attendance.
(b)
1. (1) Every private high school in Tennessee that gives a four-year course in literary branches is subject to the same requirements as are the public high schools in this state with regard to teaching American history and government.
2. (2) Failure or refusal to comply with subsection (a) and subdivision (b)(1) by private high schools will automatically remove them from the list of accredited high schools in Tennessee.
(c) Failure to carry out subsection (a) constitutes a Class A misdemeanor on the part of any principal of a public high school in this state and causes the school to be removed from the accredited list of high schools, and the teaching license of the teacher to be revoked.
(d) Any dean of the University of Tennessee or dean of any state college who violates this section shall be removed from such position and shall not be permitted to engage in any form of public school or college work in this state for the five (5) years next succeeding such dismissal. This subsection (d) also applies to any person who may be substituting for any of the deans.

§ 49-6-1203. Federal and state constitutions.

(a) A treatise on the history and interpretation of the constitution of the United States approved or adopted by the state board of education is required to be taught in the high schools of this state.
(b)
1. (1) It is the duty of the state board of education and all local boards of education to cause to be taught in each public high school in this state the constitution of Tennessee.
2. (2) The state board of education shall determine the nature and extent of the instruction to be given on the constitutions and the credits to be given for the course; provided, that the course need not extend for more than one (1) year.

§ 49-6-1204. [Reserved]

§ 49-6-1205. Free enterprise system.

(a) The state board of education shall establish a program of instruction for the public high schools on the essentials of the free enterprise system. Instruction shall be given in accordance with the course of study prescribed by the state board of education for at least one (1) semester, equal to one-half (½) unit of credit. The state board of education shall prescribe suitable teaching material for the instruction.
(b) As used in this section, “instruction on the essentials of the free enterprise system” may be construed to include a minimum of thirty (30) weeks participation in the Junior Achievement Program, and such participation shall render the student eligible for the one-half (½) unit of credit granted under this section.
(c) As used in this section, “free enterprise” means an economic system characterized by private or corporate ownership of capital goods, by investments that are determined by private decision rather than by state control and by prices, production and the distribution of goods that are determined in a free manner.

§ 49-6-1206. Reserve officer training.

In high schools offering programs of reserve officer training, a student may, at the student's discretion, substitute credit earned in the reserve officer training program for required credit in lifetime wellness.

§ 49-6-1207. Elective credits in association with nonprofit organizations.

(a) LEAs are authorized to offer elective credits or credits in the technical prep high school curriculum through cooperative agreements with nonprofit organizations under the following terms and conditions:
1. (1) The local board of education must approve all cooperative agreements, which must be in writing and must include, but not be limited to:
  1. (A) The name of the course;
  2. (B) The minimum number of student contact hours;
  3. (C) Whether the course is offered as an elective or as part of the technical prep high school curriculum;
  4. (D) The qualifications of the instructor; and
  5. (E) Any funding provided to the nonprofit organization by the local board of education;
2. (2) Only courses for which no state board of education approved teaching endorsement exists may be approved for credit under this section;
3. (3) Local boards of education may enter into such agreements only with nonprofit organizations that are located in the geographical area served by the LEA and whose primary purpose is to promote educational programs with an emphasis on state-of-the-art technology;
4. (4) Any course offered under this section must have prior approval of the department of education acting in accordance with the state board of education policy on special courses; and
5. (5) Any funding provided to a nonprofit organization under this section shall not exceed, on a per pupil basis, the regular tuition charged other attendees for the same or similar classes.
(b) It is the intention and purpose of the general assembly that LEAs be authorized and encouraged to work with local nonprofit educational organizations to offer classes for high school credit in areas where no teaching endorsement is recognized. Further, it is the intention and purpose of the general assembly that the primary emphasis of courses offered under this section be technology-based courses, including, but not limited to, industry recognized certifications in areas such as software engineering, computer programming, computer graphics and design and computer-aided design.
(c) The local board of education shall not enter into agreements under this section if the agreements directly result in the elimination of an existing course offering of the local board of education.

§ 49-6-1208. Cardiopulmonary resuscitation (CPR) program for junior or senior high schools curriculum.

(a) The state board of education may provide for a program of instruction on cardiopulmonary resuscitation (CPR) techniques commensurate with the learning expectations within the lifetime wellness curriculum for public junior or senior high schools. All students should participate in this introduction at least once during their attendance in junior or senior high school.
(b) It is not the intention of this section to require full certification in CPR. It is the intention of the section that students will learn the techniques and practice the psychomotor skills associated with performing CPR. For the purposes of this section, “psychomotor skills” means the use of hands-on practice and skills testing to support cognitive learning and shall not include cognitive-only training.
(c)
1. (1) The program of instruction on CPR must include instruction on the use of an automatic external defibrillator (AED) and the location of each AED in the school. The school shall conduct a CPR and AED drill so that the students are aware of the steps that must be taken if an event should occur that requires the use of an AED.
2. (2) This subsection (c) shall not apply to any school operated by or under contract with the department of children's services.

§ 49-6-1209. High school credit for military basic training.

If, during high school, a student enlists in a branch of the United States military or in the national guard through the military delayed entry program, the national guard split training option or other similar early entry program and completes basic training before graduation from high school, then the student shall receive high school credit towards graduation for basic training. Credit for basic training may be substituted, upon the choice of the student, for the required credit in lifetime wellness and credit in one (1) elective course or for credit in two (2) elective courses.

§ 49-6-1210. Internship programs.

LEAs are authorized to offer internship programs for elective credits in the high school curriculum through cooperative agreements with local or state governments in the geographical area served by the LEA. An internship program must be a minimum of six (6) weeks and may be offered during the summer or the school year.

Part 13 Family Life Curriculum

§ 49-6-1301. Part definitions.

As used in this part, unless the context otherwise requires:
1. (1) “Abstinence” means not participating in any activity that puts an individual at risk for pregnancy or a sexually transmitted disease;
2. (2)
  1. (A) “Abstinence-based” or “abstinence-centered” means an approach that promotes sexual risk avoidance, or primary prevention, and teaches vital life skills that empower youth to identify healthy and unhealthy relationships, accurately understand sexually transmitted diseases and contraception, set goals, make healthy life decisions, and build character;
  2. (B) Abstinence-centered education is a holistic approach that addresses the physical, social, emotional, psychological, economic and educational consequences of nonmarital sexual activity;
3. (3) “Abstinence-centered curriculum” means that the majority of the content of a curriculum promotes sexual risk avoidance as the primary goal. Supplemental topics in the curriculum, such as healthy relationships and substance abuse, reinforce the goal of primary prevention;
4. (4) “Age-appropriate” means designed to teach concepts, information and skills based on the social, cognitive, emotional and experience level of most students at a particular age level;
5. (5) “Evidence-based approach” means an approach:
  1. (A) That has a clear theoretical base that integrates research findings with practical implementation expertise that is relevant to the field;
  2. (B) That matches the needs and desired outcomes for the intended audience; and
  3. (C) That if implemented well, demonstrates improved outcomes for the intended audience;
6. (6) “Family life education” means an abstinence-centered sex education program that builds a foundation of knowledge and skills relating to character development, human development, decision making, abstinence, contraception and disease prevention;
7. (7) “Gateway sexual activity” means sexual contact, as defined in subdivision (14), that could precipitate engagement in a nonabstinent behavior. A person promotes a gateway sexual activity by encouraging, advocating, urging or condoning gateway sexual activities;
8. (8) “Gender identity” has the same meaning as provided in the Diagnostic and Statistical Manual (DSM-5);
9. (9) “Medically accurate” means information that is grounded in evidence-based, peer-reviewed science and research;
10. (10) “Parent” means the parent, guardian, person who has custody of the child, or individual who has caregiving authority under § 49-6-3001;
11. (11)
  1. (A) “Puberty” means a developmental stage during which the pituitary gland triggers the production of testosterone in boys and the production of estrogen and progesterone in girls;
  2. (B) Puberty typically begins in girls between nine (9) and twelve (12) years of age, and in boys between eleven (11) and fourteen (14) years of age;
  3. (C) Puberty is the period during which adolescents become capable of reproduction and experience various bodily changes;
12. (12) “Risk avoidance” means an approach that encourages the prevention of participation in risk behaviors as opposed to merely reducing the consequences of those risk behaviors;
13. (13) “Sexual activity” means sexual penetration or sexual contact, or both;
14. (14) “Sexual contact” means sexual contact as defined under § 39-13-501;
15. (15) “Sexual intercourse” means that a male reproductive organ is inserted into any bodily orifice;
16. (16) “Sexual orientation” means an individual's actual or perceived sexual orientation as heterosexual, homosexual, or bisexual; and
17. (17) “Sexually transmitted disease” (STD) means a disease that is caused by bacteria, virus or parasite that is transmitted from one person to another during sexual contact. A sexually transmitted disease is also referred to as a sexually transmitted infection (STI).

§ 49-6-1302. Curriculum for family life education — Curriculum on sex education or human sexuality in accordance with curriculum guidelines for family life education.

(a)
1. (1) Beginning with the 2021-2022 school year, each LEA shall locally devise, adopt, and implement a program of family life education in conformance with the curriculum guidelines established for such programs by this part.
  1 Backlink
  - 49-6-1304(a)(12)
2. (2) Each LEA shall locally develop and adopt a family life curriculum in compliance with the requirements of this part.
(b) Family life standards adopted by the state board of education must be in conformance with the curriculum guidelines established for such programs by this part.
(c)
1. (1) Prior to adopting a family life curriculum, each LEA shall conduct at least one (1) public hearing, at which time the program must be explained to members of the public, and the public must have the opportunity to speak and express their opinions and concerns. The LEA shall schedule a public hearing not less than once each September.
2. (2) Each LEA shall undertake appropriate measures, whether in a public hearing or in parent conferences, to ensure and maintain the highest level of community and parental support for family life.
(d) A curriculum on sex education or human sexuality that is developed, adopted, or implemented by an LEA as a part of a human growth and development program or curriculum must be in conformance with the curriculum guidelines established for family life programs by this part.

§ 49-6-1303. Assistance in teaching family life.

(a) Nothing in this part shall prohibit an LEA from utilizing the services of a qualified healthcare professional or social worker to assist in teaching family life.
(b) An LEA shall not utilize the services of any individual or organization to assist in teaching family life if that individual or organization endorses student nonabstinence as an appropriate or acceptable behavior, or if that individual or organization promotes gateway sexual activity.
1 Backlink
- 49-6-1306(b)(1)(B)
(c)
1. (1) A public school or open-enrollment public charter school shall not knowingly enter into a transaction to assist in teaching family life with an individual or entity that:
  1. (A) Performs abortions;
  2. (B) Induces abortions;
  3. (C) Provides abortion referrals; or
  4. (D) Provides funding, advocacy, or other support for abortion.
2. (2) A violation of this section is a violation of § 49-5-1004 and subjects the individual or entity in violation to discipline in accordance with that section.
3. (3) As used in this subsection (c):
  1. (A) “Abortion”:
    1. (i) Means the act of using or prescribing an instrument, medicine, drug, device, or other substance or means with the intent to terminate the clinically diagnosable pregnancy of a woman with knowledge that the termination by those means will with reasonable likelihood cause the death of the unborn child; and
    2. (ii) Does not include an act described in subdivision (c)(3)(A)(i) if the act is performed with the intent to:
      1. (a) Save the life of the mother;
      2. (b) Save the life or preserve the health of the unborn child;
      3. (c) Remove a dead unborn child caused by spontaneous abortion; or
      4. (d) Remove an ectopic pregnancy;
  2. (B) “Abortion referral” means the act of recommending a pregnant woman to a doctor, clinic, or other person or entity for the purpose of obtaining or learning about obtaining an abortion;
  3. (C) “Affiliate” means an individual or entity that, directly or indirectly, owns, controls, is controlled by, or is under the common control of another person or entity, in whole or in part, or a subsidiary, parent, or sibling entity; and
  4. (D) “Transaction” means a formal or informal agreement, contract, or arrangement of any kind between a public school or open-enrollment public charter school and a private entity, regardless of whether the private entity or the public school or open-enrollment public charter school receives anything of value in return.

§ 49-6-1304. Family life instruction.

(a) A family life curriculum shall, to the extent that the topic and the manner of communication is age-appropriate:
1. (1) Emphatically promote only sexual risk avoidance through abstinence, regardless of a student's current or prior sexual experience;
2. (2) Encourage sexual health by helping students understand how sexual activity affects the whole person including the physical, social, emotional, psychological, economic and educational consequences of nonmarital sexual activity;
3. (3) Teach the positive results of avoiding sexual activity, the skills needed to make healthy decisions, the advantages of and skills for student success in pursuing educational and life goals, the components of healthy relationships, and the social science research supporting the benefits of reserving the expression of human sexual activity for marriage;
4. (4) Provide factually and medically-accurate information;
5. (5) Teach students how to form pro-social habits that enable students to develop healthy relationships, create strong marriages, and form safe and stable future families;
6. (6) Encourage students to communicate with a parent, guardian, or other trusted adult about sex or other risk behaviors;
7. (7) Assist students in learning and practicing refusal skills that will help them resist sexual activity;
8. (8) Address the benefits of raising children within the context of a marital relationship and the unique challenges that single teen parents encounter in relation to educational, psychological, physical, social, legal, and financial factors;
9. (9) Discuss the interrelationship between teen sexual activity and exposure to other risk behaviors such as smoking, underage drinking, drug use, criminal activity, dating violence, and sexual aggression;
10. (10) Educate students on the age of consent, puberty, pregnancy, childbirth, sexually transmitted diseases, including but not limited to HIV/AIDS, and the financial and emotional responsibility of raising a child;
11. (11) Teach students how to identify and form healthy relationships, and how to identify and avoid unhealthy relationships;
12. (12) Notwithstanding § 49-6-1302(a)(1), inform students, in all LEAs, concerning the process of adoption and its benefits. The state board of education, with the assistance of the department of education, shall develop guidelines for appropriate kindergarten through grade twelve (K-12) instruction on adoption, what adoption is, and the benefits of adoption. The guidelines shall be distributed by the department of education to each LEA by the start of the 2015-2016 school year;
13. (13) Provide instruction on the detection, intervention, prevention, and treatment of:
  1. (A) Child sexual abuse, including such abuse that may occur in the home, in accordance with the declarations and requirements of §§ 37-1-601(a) and 37-1-603(b)(3); and
  2. (B) Human trafficking in which the victim is a child. The instruction provided under this subdivision (a)(13)(B) must be accomplished through the viewing of a video recording approved by the LEA; and
14. (14) Provide instruction on the prevention of dating violence.
(b) Instruction of the family life curriculum shall not:
1. (1) Promote, implicitly or explicitly, any gateway sexual activity or health message that encourages students to experiment with noncoital sexual activity;
2. (2) Provide or distribute materials on school grounds that condone, encourage or promote student sexual activity among unmarried students;
3. (3) Display or conduct demonstrations with devices specifically manufactured for sexual stimulation; or
4. (4) Distribute contraception on school property; provided, however, that medically accurate information about contraception and condoms that is consistent with public policy may be provided so long as the information is:
  1. (A) Presented in a manner consistent with this part and that clearly informs students that while such methods may reduce the risk of acquiring sexually transmitted diseases or becoming pregnant, only abstinence removes all risk;
  2. (B) Reviewed and approved by the local board of education or charter school governing body, prior to the information being used by the LEA or public charter school in a family life curriculum, to ensure that it is:
    1. (i) Medically accurate;
    2. (ii) Age appropriate;
    3. (iii) In compliance with this part; and
    4. (iv) Aligned to academic standards in this state; and
  3. (C) Provided, upon request, to a parent of a student attending a school in the LEA or charter school, to allow the parent to review the information and to opt the parent's student out of receiving the information as part of a family life curriculum, without penalty.

1 Backlink

37-1-603(b)(3)

§ 49-6-1305. Notification of parents and legal guardians — Excusing students from family life instruction.

(a) Not less than thirty (30) days prior to commencing instruction of the family life curriculum, each LEA shall notify parents or legal guardians of students whom the LEA anticipates will be present for instruction in sex education that:
1. (1) The LEA is using a family life curriculum that meets the requirements of state law; and
2. (2) The parent or legal guardian shall have the right to examine the grade level instructional materials and confer with the student's instructor, school counselor or principal, as designated by the LEA, regarding any or all portions of family life.
(b) A parent or guardian who wishes to excuse a student from any portion of family life shall submit a request, in writing, to the student's instructor, school counselor, or principal. A parent or guardian who wishes to excuse a student from all portions of family life shall submit a request in writing to the student's principal. A student who is excused from any or all portions of family life shall not be penalized for grading purposes if the student satisfactorily performs alternative health lessons.

§ 49-6-1306. Complaint by parent or legal guardian — Cause of action by parent or guardian.

(a) Notwithstanding any other law to the contrary, a parent or legal guardian of a student enrolled in family life may file a complaint with the director of schools if the parent or legal guardian believes that a teacher, instructor, or representative of an organization has not complied with the requirements of this part. The director shall investigate the complaint and report such director's findings, along with any recommendations for disciplinary action, to the local board for further action. The local board shall file, in a timely manner, a report with the commissioner regarding any action or inaction taken. On an annual basis, the commissioner shall transmit those filings to the chair of the education committee of the senate and the chair of the education instruction committee of the house of representatives.
(b)
1. (1) If a student receives instruction by an instructor or organization that promotes gateway sexual activity or demonstrates sexual activity, as prohibited under this part, then the parent or legal guardian shall have a cause of action against that instructor or organization for actual damages plus reasonable attorney's fees and court costs; provided, however, that this subsection (b) shall not apply to:
  1. (A) Instruction provided by teachers employed by the LEA; or
  2. (B) Instruction provided by instructors employed by an LEA-approved organization, or by LEA-approved instructors, that is limited to the detection, intervention, prevention, and treatment of child sexual abuse, including such abuse that may occur in the home, in accordance with §§ 37-1-601(a), 37-1-603(b)(3), and 49-6-1303(b). Any LEA-approved organization, instructor employed by an LEA-approved organization, or LEA-approved instructor who promotes any gateway sexual activity, demonstrates sexual activity, or teaches student nonabstinence as an appropriate or acceptable behavior, as prohibited under this part, shall be subject to a cause of action by a parent or legal guardian pursuant to this subdivision (b)(1).
2. (2) If the parent or legal guardian is the prevailing party to the action, the court may impose a civil fine in an amount not to exceed five hundred dollars ($500).
3. (3) An action brought under this subsection (b) shall be commenced within one (1) year after the alleged violation occurred.
(c) This section shall not apply to instruction by any teacher, instructor, or organization, who, with respect to a course or class otherwise offered in accordance with the requirements of this part, verbally answers in good faith any question, or series of questions, germane and material to the course, asked of the instructor and initiated by a student or students enrolled in the course.

§ 49-6-1307. Instruction of sexual education to comply with part — Scientific study of reproductive system permitted.

Notwithstanding any other law to the contrary, and regardless of the title or designated name of a particular class or course, any instruction in sex education or sexual activity shall comply with the requirements of this part; provided, however, that nothing in this part shall be construed so as to prohibit the scientific study of the sexual reproductive system through coursework in biology, physiology, anatomy, health, or physical education.

§ 49-6-1308. Notification of instruction of orientation curriculum or gender identity curriculum — Written request for excusal from curriculum.

(a) Not less than thirty (30) days prior to commencing instruction of a sexual orientation curriculum or gender identity curriculum, regardless of whether the curriculum is offered as part of a family life program, sex education program, or other program, each LEA or public charter school shall notify the parent or guardian of each student whom the LEA or charter school anticipates will be present for instruction in the curriculum that:
1. (1) The LEA or charter school is providing a sexual orientation curriculum or gender identity curriculum; and
2. (2) The parent or guardian may examine the instructional materials and confer with the student's instructor, school counselor, or principal, as designated by the LEA or public charter school, regarding any or all portions of the curriculum.
(b)
1. (1) A student's parent or legal guardian, or the student if the student is at least eighteen (18) years of age, must provide a written, informed, and voluntarily signed consent to the student's LEA or public charter school for the student to receive instruction of a sexual orientation curriculum or gender identity curriculum. A student's parent or legal guardian, or the student if the student is at least eighteen (18) years of age, may withdraw the parent's, legal guardian's, or student's consent at any time before the student receives instruction of a sexual orientation curriculum or gender identity curriculum.
2. (2) If a student's parent or legal guardian, or the student if the student is at least eighteen (18) years of age, does not consent to the student receiving instruction of a sexual orientation curriculum or gender identity curriculum, then the student is excused from receiving instruction of a sexual orientation curriculum or gender identity curriculum and shall not be penalized for grading purposes by the student's LEA or public charter school.
(c) An LEA or public charter school is not required to notify a student's parent or guardian prior to a teacher, principal, or other school personnel:
1. (1) Responding to a question from a student during class regarding sexual orientation or gender identity as it relates to any topic of instruction; or
2. (2) Referring to the sexual orientation or gender identity of any historic person, group, or public figure, where the referral provides necessary context in relation to a topic of instruction.
(d) An LEA or public charter school is not required to provide a sexual orientation curriculum or gender identity curriculum.
(e) As used in this section “instruction of a sexual orientation curriculum or gender identity curriculum” includes distributing materials, administering tests, surveys, or questionnaires, or instruction of any kind related to sexual orientation or gender identity.

Part 14 Children at Risk for Obesity

§ 49-6-1401. Implementation of program — Requirements — Reporting of data.

(a) LEAs are authorized to implement a program that identifies public school children who are at risk for obesity. Those schools systems that choose to carry out such a program shall:
1. (1) Have sufficient number of current school staff or school volunteers trained in taking a body mass index (BMI) to meet the requirements of this part. The department of health shall develop and provide training materials to the LEAs;
2. (2) Complete a body mass index for age (BMI-for-age), as defined by the centers for disease control and prevention, on every child enrolled for classes in the school system whose parents or guardians have not requested exclusion from the testing; and
3. (3) Provide each student's parents or guardians with a confidential health report card that represents the result of the child's BMI-for-age screening, along with basic educational information on what the results mean and what the parents or guardians should do with the information.
(b) School systems that carry out the program shall transmit the results of the testing for each student to the department of health.

§ 49-6-1402. Program components.

The department of health, with the assistance of the department of education, shall provide a framework for LEAs to use in developing a program that shall include, but not be limited to:
1. (1) Providing standard practices for maintaining confidentiality;
2. (2) Providing necessary information to LEAs annually, explaining the method for determining a BMI-for-age and the tables that should be used to determine if a child may be at risk of being overweight, or if the child is overweight or underweight based upon the BMI-for-age.
3. (3) Developing and disseminating to LEAs annually a form that should be used to report the student results from individual schools and from the LEA to the department of health;
4. (4) Developing and disseminating a sample notification to all LEAs that can be used as the model for the health report card to notify parents or guardians of the child's BMI results, along with basic educational information on what the results mean, the applicable health risks for a child who is overweight and what the parents or guardians should do with the information; and
5. (5) Working with representatives from the department of education, state health professional associations and national health related organizations in the design of the form and sample notification.

§ 49-6-1403. Tabulation and reporting of results.

(a) The department of health is authorized to accept and tabulate the results of any BMI screenings completed by school systems and to distribute only aggregate results at a grade, school, county or statewide level.
(b) The department of health shall provide the governor's office, the speaker of the senate and the speaker of the house of representatives a report of the aggregate results of all BMI screenings performed in the previous calendar year by January 31st of each year.

1 Backlink

49-6-1405

§ 49-6-1404. Nutrition and physical activity programs in schools where aggregate data suggests high rates of obesity.

Schools where aggregate data suggests that high rates of overweight children may be a problem are encouraged to expand existing or implement new school-based nutrition and physical activity programs designed to reduce those rates. The effectiveness of these results could be determined by completing a BMI-for-age on the school's students whose parents or guardians have not requested exclusion from the testing at the end of the school year.

§ 49-6-1405. Funding.

The activities described in § 49-6-1403 shall occur if, and only if, advance funding sufficient to pay the total cost of such activities is received in the form of gifts, grants and donations from individuals, private organizations, foundations or governmental units other than the state of Tennessee. However, no such gift, grant or donation may be accepted for such purpose if the gift, grant or donation is subject to any condition or restriction that is inconsistent with this part or any other law of this state. The department of health, in consultation with the department of education, shall have the power to direct the disposition of any such gift, grant or donation for the purposes of this part.

Part 15 Tennessee Learning Loss Remediation and Student Acceleration Act

§ 49-6-1501. Short title.

This part is known and may be cited as the “Tennessee Learning Loss Remediation and Student Acceleration Act.”

§ 49-6-1502. Definitions.

As used in this part, unless the context otherwise requires:
1. (1) “After-school learning mini-camp” means an after-school educational program, as part of the learning loss remediation and student acceleration program, that is designed to remediate student learning loss and support student academic needs using an educational approach to learning that uses science, technology, reading, engineering, the arts, and mathematics (STREAM) as access points for guiding student inquiry, dialogue, and critical thinking. An after-school learning mini-camp must provide, at a minimum, the following:
  1. (A) One (1) hour of in-person educational instruction provided at least four (4) days per week by a licensed teacher. If a licensed teacher is not available to provide the instruction, then the instruction may be provided by a Tennessee accelerating literacy and learning corps member. The educational instruction must be designed to engage students in STREAM instruction, activities, and learning;
    1 Backlink
    
    49-6-1503(a)(6)
  2. (B) At least one (1) snack per student per day;
  3. (C) Stipends to teachers, tutors, and staff providing educational services to students in the after-school learning mini-camp; and
  4. (D) A state-adopted benchmark assessment administered:
    1. (i) To students in person as a pre-test at the beginning of the after-school learning mini-camp each school year; and
    2. (ii) To students in person as a post-test at the end of the after-school learning mini-camp each school year, the results of which must be submitted to the department;
2. (2) “Department” means the department of education;
3. (3) “Learning loss” means the loss of academic knowledge or skills previously acquired or a pause in academic advancement, most commonly due to extended time away from school or in-person instruction;
4. (4) “Learning loss bridge camp” means a four-week educational program conducted each year before the beginning of the school year, as part of the learning loss remediation and student acceleration program, that is designed to support student academic needs and remediate student learning loss. A learning loss bridge camp must provide, at a minimum, the following:
  1. (A) Four (4) combined hours of in-person daily instruction, intervention, and supplemental supports in reading and math, provided five (5) days per week. Each LEA or participating public charter school conducting a learning loss bridge camp shall determine the number of minutes of instruction, intervention, and supplemental supports per subject; provided, that all students must receive at least one (1) hour of instruction in reading and one (1) hour of instruction in math per day. Instruction, intervention, and supplemental supports in reading and math must be provided by a teacher licensed and endorsed to teach the subjects and grades served, using instructional materials adopted by the state board of education or provided by the department. If a teacher licensed and endorsed to teach the subjects and grades served is not available to provide the instruction, intervention, and supplemental supports, then the instruction, intervention, and supplemental supports may be provided by a candidate enrolled in an educator preparation program, or a person with a college degree who has successfully completed a learning loss and remediation and student acceleration program preparation course, using instructional materials adopted by the state board of education or provided by the department;
  2. (B) One (1) hour of response to instruction and intervention (RTI) services per day, provided in person five (5) days per week pursuant to Tennessee's response to instruction and intervention framework manual;
  3. (C) One (1) hour of physical activity per day, provided five (5) days per week;
  4. (D) Lunch and at least one (1) snack or breakfast per day, provided to each student five (5) days per week;
  5. (E) Stipends to teachers, tutors, and staff providing educational services to students in the learning loss bridge camp; and
  6. (F) A state-adopted benchmark assessment administered:
    1. (i) To students in person as a pre-test at the beginning of the learning loss bridge camp each year; and
    2. (ii) To students in person as a post-test at the end of the learning loss bridge camp each year, the results of which must be submitted to the department;
    1 Backlink
    
    49-6-3115(a)(2)(A)(iv)
5. (5) “Learning loss remediation and student acceleration program” means a program established and administered by the department to aid LEAs and public charter schools in remediating learning loss by facilitating the provision of educational services to students in person outside of the regular school day, including through after-school learning mini-camps, learning loss bridge camps, and summer learning camps;
6. (6) “Priority student” means:
  1. (A) For purposes of an after-school learning mini-camp:
    1. (i) A student who will be entering kindergarten, first, second, or third grade in the upcoming school year and who attends a school in which fewer than fifty percent (50%) of the students in grades three through five (3-5) scored proficient in math or English language arts on the most recently administered Tennessee comprehensive assessment program (TCAP) test;
    2. (ii) A student who will be entering kindergarten, first, second, or third grade in the upcoming school year and who is eligible for temporary assistance for needy families (TANF);
    3. (iii) A child who is “at-risk,” as defined by 49-6-104(a), if included at the discretion of the LEA; or
    4. (iv) A student who will be entering first, second, or third grade in the upcoming school year and who scored below proficient in math or English language arts on the student's most recent state-adopted benchmark assessment, Tennessee universal math screener, Tennessee universal reading screener, universal reading screener, or, for after-school learning mini-camps conducted in the 2021-2022 school year, response to instruction and intervention (RTI) screener;
  2. (B) For purposes of a learning loss bridge camp, a student who will be entering the fourth, fifth, sixth, seventh, eighth, or ninth grade in the upcoming school year and who scored below proficient in math or English language arts on the student's most recent TCAP test or state-adopted benchmark assessment; and
  3. (C) For purposes of a summer learning camp:
    1. (i) A student who will be entering kindergarten, first, second, or third grade in the upcoming school year and who attends a public school or public charter school in which fewer than fifty percent (50%) of students in grades three through five (3-5) scored proficient in math or English language arts on the most recently administered TCAP test;
    2. (ii) A student who will be entering kindergarten, first, second, or third grade in the upcoming school year and who is eligible for TANF;
    3. (iii) A child who is “at-risk,” as defined by 49-6-104(a), if included at the discretion of the LEA; or
    4. (iv) A student who will be entering first, second, or third grade in the upcoming school year and who scored below proficient in math or English language arts on the student's most recent state-adopted benchmark assessment, Tennessee universal math screener, Tennessee universal reading screener, universal reading screener, or, for summer learning camps conducted in the summer immediately following the 2020-2021 school year, RTI screener;
7. (7) “State-adopted benchmark assessment” means an assessment created under the innovative benchmark assessment pilot program established under § 49-6-1508;
8. (8) “Stipend” means:
  1. (A) The compensation provided to teachers for providing educational services to students in:
    1. (i) After-school learning mini-camps, learning loss bridge camps, or summer learning camps based on factors such as the teacher's level of overall effectiveness score or other performance data; ability to support student populations with unique needs; or license or endorsement to teach a hard-to-staff subject area; and
    2. (ii) Learning loss bridge camps or summer learning camps based on a differentiated stipend plan developed by the department that provides teachers with at least one thousand dollars ($1,000) per week in compensation, but no more than twenty-five percent (25%) above the weekly compensation rate of the highest salary step for teachers in the LEA's salary schedule; and
  2. (B) The compensation provided to tutors and staff for providing educational services to students in after-school learning mini-camps, learning loss bridge camps, and summer learning camps, as determined by the respective local board of education or governing body of a participating public charter school;
9. (9) “Summer learning camp” means a six-week summer educational program, as part of the learning loss remediation and student acceleration program, that is designed to support student academic needs and remediate student learning loss. A summer learning camp must provide, at a minimum, the following:
  1. (A) Four (4) combined hours of in-person daily instruction, intervention, and supplemental supports in reading and math, provided five (5) days per week. Each LEA or participating public charter school conducting a summer learning camp shall determine the number of minutes of instruction, intervention, and supplemental supports per subject; provided, that all students must receive at least one (1) hour of instruction in reading and one (1) hour of instruction in math per day. Instruction, intervention, and supplemental supports in reading and math must be provided by a teacher licensed and endorsed to teach the subjects and grades served, using instructional materials adopted by the state board of education or provided by the department. If a teacher licensed and endorsed to teach the subjects and grades served is not available to provide the instruction, intervention, and supplemental supports, then the instruction, intervention, and supplemental supports may be provided by a candidate enrolled in an educator preparation program, or a person with a college degree who has successfully completed a learning loss and remediation and student acceleration program preparation course, using instructional materials adopted by the state board of education or provided by the department;
  2. (B) One (1) hour of RTI services per day, provided in person five (5) days per week pursuant to Tennessee's response to instruction and intervention framework manual;
  3. (C) One (1) hour of physical activity per day, provided five (5) days per week;
  4. (D) Lunch and at least one (1) snack or breakfast per day, provided to each student five (5) days per week;
  5. (E) Stipends to teachers, tutors, and staff providing educational services to students in the summer learning camp; and
  6. (F) A state-adopted benchmark assessment administered:
    1. (i) To students in person as a pre-test at the beginning of the summer learning camp each year; and
    2. (ii) To students in person as a post-test at the end of the summer learning camp each year, the results of which must be submitted to the department;
10. (10) “Tennessee universal math screener” means the uniform tool that screens and monitors a student's progress toward proficiency in math that is provided to LEAs and public charter schools by the department as part of the innovative benchmark assessment pilot program;
11. (11) “Tennessee universal reading screener” means the universal reading screener that is provided to LEAs and public charter schools by the department as part of the innovative benchmark assessment pilot program; and
12. (12) “Universal reading screener” means a uniform tool that screens and monitors a student's progress towards phonemic awareness, phonics, fluency, vocabulary, and comprehension.

§ 49-6-1503. Learning loss remediation and student acceleration program.

(a) The department shall establish and administer a learning loss remediation and student acceleration program by:
1. (1) Determining program requirements and a procedure for allocating funding to each LEA and participating public charter school for conducting after-school learning mini-camps and summer learning camps. LEAs and participating public charter schools are required to conduct summer learning camps and after-school learning mini-camps annually beginning in the summer of 2021;
2. (2) Determining program requirements and a procedure for allocating funding to each LEA and participating public charter school for conducting learning loss bridge camps, which must be conducted annually beginning in the summer of 2021;
3. (3) Providing training, technical assistance, and guidance to LEAs and participating public charter schools conducting after-school learning mini-camps, learning loss bridge camps, and summer learning camps;
4. (4) Implementing a learning loss remediation and student acceleration program preparation course to train and certify individuals who do not possess a teaching license to provide educational instruction as part of after-school learning mini-camps, learning loss bridge camps, and summer learning camps;
5. (5) Implementing a two-week summer professional development program on reading instruction for educators teaching English language arts or reading at no cost to LEAs or public charter schools; and
6. (6) Establishing a process for LEAs or participating public charter schools to apply to the commissioner of education for a waiver of the one (1) or more of the minimum requirements outlined in § 49-6-1502(1)(A), (4)(A)-(C), and (9)(A)-(C) related to the hours, weeks, and days of in-person instruction, intervention, supplemental supports, and physical activity mandated for after-school learning mini-camps, learning loss bridge camps, and summer learning camps.
(b)
1. (1) Each LEA shall participate in the learning loss remediation and student acceleration program by:
  1. (A) Implementing and conducting after-school learning mini-camps and summer learning camps for students, including students enrolled in a public charter school located within the geographic boundaries of the LEA. LEAs are required to conduct after-school learning mini-camps and summer learning camps annually beginning in the summer of 2021;
  2. (B) Implementing and conducting learning loss bridge camps for students, including students enrolled in a public charter school, including a state-authorized public charter school, located within the geographic boundaries of the LEA, annually beginning in the summer of 2021; and
  3. (C) Subject to available funding, providing all priority students, including priority students enrolled in a public charter school located within the geographic boundaries of the LEA, the opportunity to enroll in an after-school learning mini-camp, learning loss bridge camp, or summer learning camp, and, subject to the availability of additional seats after an LEA conducts the initial enrollment period for priority students pursuant to § 49-6-1504(b), providing students, including students enrolled in a public charter school located within the geographic boundaries of the LEA, who are not priority students with the opportunity to enroll in an after-school learning mini-camp, learning loss bridge camp, or summer learning camp.
2. (2) Notwithstanding subdivisions (b)(1)(A) and (B), two (2) or more LEAs, public charter schools, or a combination of both may jointly establish an after-school learning mini-camp, learning loss bridge camp, or summer learning camp that may be attended by students enrolled in the respective LEA or public charter school, subject to the requirements of subdivision (b)(1)(C).
3. (3) An LEA or public charter school may send students to an after-school learning mini-camp, learning loss bridge camp, or summer learning camp located in the LEA or conducted by the participating public charter school, or that is located in another LEA or conducted by another participating public charter school, subject to the requirements of subdivision (b)(1)(C).
4. (4) Public charter schools may conduct after-school learning mini-camps, learning loss bridge camps, and summer learning camps for the public charter school's students, rather than enrolling the public charter school's students in the camps conducted by the LEA within the boundaries of which the public charter school is located. If a public charter school conducts after-school learning mini-camps, learning loss bridge camps, or summer learning camps, then the public charter school must do so in compliance with this part.
(c)
1. (1) Funding for after-school learning mini-camps, learning loss bridge camps, and summer learning camps may be used to:
  1. (A) Develop and implement detailed instructional programming plans for after-school learning mini-camps, learning loss bridge camps, and summer learning camps using instructional materials adopted by the state board of education;
  2. (B) Provide instructional and supervisory staff for after-school learning mini-camps, learning loss bridge camps, and summer learning camps;
  3. (C) Establish and implement staffing plans that enable educators teaching English language arts or reading in after-school learning mini-camps, learning loss bridge camps, or summer learning camps to participate in the summer professional development program on reading instruction pursuant to subdivision (a)(5);
  4. (D) Provide transportation for students attending after-school learning mini-camps, learning loss bridge camps, or summer learning camps;
  5. (E) Provide meals, snacks, or breakfast for students attending after-school learning mini-camps, learning loss bridge camps, and summer learning camps;
  6. (F) Provide facilities for conducting after-school learning mini-camps, learning loss bridge camps, and summer learning camps;
  7. (G) Provide staff to administer the state-adopted benchmark assessments to satisfy the pre-test and post-test requirements of after-school learning mini-camps, learning loss bridge camps, and summer learning camps; and
  8. (H) Provide stipends to teachers, tutors, and staff providing educational services to students in the after-school learning mini-camps, learning loss bridge camps, and summer learning camps.
2. (2) Funding for after-school learning mini-camps, learning loss bridge camps, and summer learning camps must supplement, but shall not supplant, existing funding for other educational programs conducted by the LEA or public charter school outside of the regular school day.
(d) Each LEA's local board of education and each governing body of a participating public charter school shall ensure that the after-school learning mini-camps, learning loss bridge camps, and summer learning camps funded pursuant to this part operate in compliance with the same safety policies and procedures required of the LEA's and public charter school's regular school programs, as applicable, and ensure that each of the after-school learning mini-camps, learning loss bridge camps, and summer learning camps established under this part are subject to, and comply with:
1. (1) The criminal history records checks required pursuant to § 49-5-413;
2. (2) The maximum class size requirements under § 49-1-104; and
3. (3) Inspections and investigations by department representatives and representatives from other local and state authorities, including, but not limited to the state fire marshal, state and local health departments, law enforcement, and the department of children's services, during operating hours.

§ 49-6-1504. Eligibility for programs.

(a)
1. (1) Priority students may participate in an after-school learning mini-camp, learning loss bridge camp, or summer learning camp. Priority students are not required to participate in an after-school learning mini-camp, learning loss bridge camp, or summer learning camp unless the local board of education or the governing body of a participating public charter school adopts a policy requiring priority students to participate.
2. (2) Each LEA and public charter school shall conduct an initial enrollment period of at least thirty (30) days during which time the parent or guardian of a priority student may enroll the parent's or guardian's student in an after-school learning mini-camp, learning loss bridge camp, or summer learning camp.
(b) If additional seats are available in an after-school learning mini-camp, learning loss bridge camp, or summer learning camp at the end of the LEA's or public charter school's initial enrollment period, then students who are not priority students may enroll in the LEA's or participating public charter school's after-school learning mini-camp, learning loss bridge camp, or summer learning camp appropriate for that student's grade level, but only if permitted sources of funding are used to fund the enrollment of such students.
1 Backlink
- 49-6-1503(b)(1)(C)

§ 49-6-1505. Public or non-profit community partnerships.

Upon approval by the department, LEAs and public charter schools may collaborate with public or non-profit community partners to implement and conduct after-school learning mini-camps, learning loss bridge camps, and summer learning camps.

§ 49-6-1506. Funding.

The learning loss remediation and student acceleration program must be funded from the temporary assistance for needy families (TANF) program, the LEAP grant fund established by § 49-6-701, and any other funds appropriated by the general assembly.

§ 49-6-1507. Tennessee accelerating literacy and learning corps.

(a) The Tennessee accelerating literacy and learning corps (TALLC) is established to develop and support a statewide network of high-quality tutors to assist LEAs, public charter schools, community partners, and parents in accelerating student learning and remediating student learning loss. The department shall administer the TALLC by developing:
1. (1) A statewide initiative to recruit high-quality tutors to become certified TALLC members;
2. (2) A program to provide initial training, certification, and ongoing professional development for TALLC members. The initial training and ongoing professional development for TALLC members developed by the department pursuant to this subdivision (a)(2) must include online training options; and
3. (3) Content that may be used by TALLC members when providing tutoring services to students.
(b) Subject to available funding, the department may provide TALLC grants to LEAs and public charter schools to increase the number of TALLC members that are available in a community to provide high-quality tutoring services to students.

§ 49-6-1508. Innovative benchmark assessment pilot program.

(a) The department shall establish, fund, and implement an innovative benchmark assessment pilot program to provide the Tennessee universal math screener, the Tennessee universal reading screener, and a series of state-adopted benchmark assessments to LEAs and public charter schools to allow teachers to more frequently measure student learning and address student learning loss. The results of the pilot program may be used to determine alternative ways to utilize real-time data to measure student proficiency and to inform instructional practices.
(b) LEAs and public charter schools may use the state-adopted benchmark assessments, the Tennessee universal math screener, the Tennessee universal reading screener, or a universal reading screener approved by the state board of education to measure the academic proficiency of students and to identify priority students for after-school learning mini-camps, learning loss bridge camps, and summer learning camps.
(c) The state-adopted benchmark assessments established under this pilot program must be administered as the pre-tests and post-tests required as part of after-school learning mini-camps, learning loss bridge camps, or summer learning camps.
(d) 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 math screener, the Tennessee universal reading screener, or a universal reading screener approved by the state board of education, as described in subsection (b), as an alternative growth model for purposes of §§ 49-1-302(d)(2)(B)(ix) and 49-6-105(e) to generate individual growth scores for teachers pursuant to the evaluation guidelines developed by the department. The department shall not base the Tennessee universal math screener, the Tennessee universal reading screener, or a universal reading screener approved by the state board of education used to evaluate teachers pursuant to this subsection (d) on the pre-k/kindergarten portfolio growth model.

1 Backlink

49-6-1502(7)

§ 49-6-1509. Progress report.

(a) By September 1, 2021, and each September 1 thereafter, LEAs and participating public charter schools shall submit the results of all pre-tests and post-tests administered to the LEA's or participating public charter school's students as part of the after-school learning mini-camps, learning loss bridge camps, and summer learning camps to the department.
(b)
1. (1) The department shall develop a Tennessee Learning Loss Remediation and Student Acceleration Act progress report to provide information about the effectiveness of the learning loss remediation and student acceleration program to the governor and the general assembly.
2. (2) The progress report must include:
  1. (A) A statewide summary and interpretation of the information provided by LEAs and public charter schools pursuant to subsection (a);
  2. (B) A landscape analysis and summary of data indicating how the level of overall effectiveness score attained by a licensed teacher on the teacher's most-recent annual evaluation who is providing educational services to students in an after-school learning mini-camp, learning loss bridge camp, or summer learning camp affects the academic performance outcomes of students enrolled in the after-school learning mini-camp, learning loss bridge camp, or summer learning camp. The data reported pursuant to this subdivision (b)(2)(B) must be disaggregated by subject, grade level, and by the type of camp in which the teacher's services were provided; and
  3. (C) Information identifying LEAs and public charter schools unable to adequately staff or conduct an after-school learning mini-camp, learning loss bridge camp, or summer learning camp in compliance with this part due to a natural disaster, the outbreak of a contagious illness, teacher shortages in a grade level or subject required for the respective camp, or other justifiable cause. The information provided pursuant to this subdivision (b)(2)(C) must describe the reason for why the LEA or public charter school was unable to adequately staff or conduct an after-school learning mini-camp, learning loss bridge camp, or summer learning camp in compliance with this part, disaggregated by subject, grade level, and by the type of camp that the LEA or public charter school was unable to adequately staff or conduct.
3. (3) The report must be submitted to the governor, the speaker of the senate, the speaker of the house of representatives, and the chairs of the education committees of the senate and house of representatives by November 1, 2021, and by each November 1 thereafter.
(c) The results of pre-tests and post-tests submitted to the department shall not be used to assign accountability determinations for any school or district.

§ 49-6-1510. Procurement.

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).

Part 16 Child Abuse or Child Sexual Abuse on School Grounds

§ 49-6-1601. Procedures to follow if knowledge or reasonable cause to suspect child abuse — Completion of child abuse training program — Child abuse coordinator.

(a) Notwithstanding § 37-5-107 or § 37-1-612, if a school teacher, school official, or other school personnel has knowledge or reasonable cause to suspect that a child who attends the school may be a victim of child abuse or child sexual abuse sufficient to require reporting pursuant to § 37-1-403 or § 37-1-605, then the school teacher, school official, or other school personnel must follow the procedures outlined in subsection (d).
(b) Each LEA and each public charter school shall ensure that all school officials and employees working directly with students of the respective LEA or public charter school annually complete the child abuse training program required in § 37-1-408.
(c) Each LEA and each public charter school shall designate a child abuse coordinator and an alternate child abuse coordinator for each school within the LEA or public charter school. The designation of an alternative child abuse coordinator is not required when only one (1) adult is employed by or responsible for the care of children at a school. The child abuse coordinator and the alternate child abuse coordinator must:
1. (1) Have access to an area providing privacy and access to a telephone for reporting suspected child abuse and child sexual abuse;
2. (2) Receive training in regard to:
  1. (A) Mandatory reporting;
  2. (B) Multidisciplinary protocols;
  3. (C) Advocacy centers;
  4. (D) The importance of limited interviews; and
  5. (E) Signs, symptoms, or suspicions of child abuse;
3. (3) Be available for school personnel to share information about suspected child abuse and child sexual abuse;
4. (4) Assist school personnel in reporting suspected child abuse and child sexual abuse to law enforcement and to the department of children's services;
5. (5) Serve as a liaison between the school, the department of children's services, and law enforcement in child abuse and child sexual abuse investigations;
6. (6) Assist law enforcement and department of children's services personnel by sharing available information regarding suspected child abuse and child sexual abuse, and by providing a private area within the school for law enforcement and department of children's services personnel to meet with the child and the reporting school personnel as a group or individually if required; and
7. (7) Maintain confidential files in accordance with §§ 37-5-107 and 37-1-612 regarding all reported suspicions of child abuse and child sexual abuse.
(d)
1. (1)
  1. (A) If a child voluntarily discloses information about possible abuse to a school teacher, school official, or other school personnel, then the child must be provided a quiet and private place to speak and the person receiving the information must listen openly and speak at the child's level in a positive, non-judgmental tone.
  2. (B) The person receiving the information from the child must:
    1. (i) Allow the child to say what happened in the child's own words;
    2. (ii) Avoid conducting an investigation by asking the child detailed questions;
    3. (iii) Make every effort to write down the child's exact words;
    4. (iv) Refrain from making any statements to the child about the alleged abuse, the alleged abuser, or the consequences of the child reporting the alleged abuse; and
    5. (v) Immediately notify the school child abuse coordinator and report the information to the department of children's services and law enforcement; provided, however, when the alleged abuse involves someone employed by, previously employed by, or otherwise affiliated with the school, the report may be made directly to the department of children's services and law enforcement prior to notifying the school child abuse coordinator. This subdivision (d)(1)(B)(v) does not relieve a school teacher, school official, or other school personnel from the duty to report alleged abuse under federal law.
2. (2) School teachers, school officials, and other school personnel should be observant of any bruising, injury, markings, or other unusual behavior that may be the result of child abuse or neglect, and immediately report any suspicions to the school's child abuse coordinator. Photographs of any bruising, injury, or markings must not be taken by any school child abuse coordinator, teacher, official, or other school personnel. Upon receiving a report of suspicion of child abuse or child sexual abuse, the child abuse coordinator must, along with the reporting school personnel who obtained the information from the child, report any suspected child abuse or child sexual abuse to law enforcement and the department of children's services.
3. (3) If a third party informs a school teacher, school official, or other school personnel of a reasonable suspicion that a child at the school may be the victim of child abuse or child sexual abuse, then the school teacher, school official, or other school personnel must:
  1. (A) Encourage the third party to report the suspicion to the department of children's services and law enforcement;
  2. (B) Notify the school's child abuse coordinator; and
  3. (C) Report all information received from the third party to the department of children's services and law enforcement.
4. (4) School teachers, school officials, and other school personnel must maintain confidentiality of all information regarding any child abuse or child sexual abuse report made pursuant to this section and all information regarding the suspected child abuse or child sexual abuse must be maintained by the school child abuse coordinator in a confidential file separate from the child's educational file.
5. (5) School child abuse coordinators, school teachers, school officials, and other school personnel shall not provide any information relevant to the suspected child abuse or child sexual abuse to the child's parent or guardian, and must refer any questions from the child's parent or guardian to the investigating law enforcement agency and the department of children's services. This subdivision (d)(5) does not apply when federal law or regulation mandates disclosure, the parent to whom the notification is made is not alleged to be the perpetrator or in any way complicit in the abuse or neglect, and the notification is done in conjunction with the department of children's services.
(e) For purposes of this section, “school” means any public or privately operated child care agency, as defined in § 71-3-501; child care program, as defined in § 49-1-1102; preschool; nursery school; kindergarten; elementary school; or secondary school.
(f) Each LEA and public charter school shall publish the requirements of this section in the LEA's and public charter school's policies and procedures manual.
(g) At the beginning of each school year, each LEA and public charter school shall submit the contact information of the LEA's or public charter school's child abuse coordinator and alternative child abuse coordinator to the department of children's services.

2 Backlinks

Part 17 Financial Literacy Program Act of 2010

§ 49-6-1701. Short title.

This part shall be known and may be cited as the “Financial Literacy Program Act of 2010.”

§ 49-6-1702. Creation — Administration — Powers.

(a) There is hereby created the Tennessee financial literacy commission for the purpose of raising funds, developing, managing and implementing the plans and programs described in this part. Such educational programs include, but are not limited to, financial literacy education programs for elementary school students and their parents and the promotion of financial literacy in college savings.
(b) The commission shall be administered by a board of directors, which shall be selected pursuant to this part.
(c) In addition to the powers granted by any other provisions of this part, the board shall have the powers necessary or convenient to carry out the purposes and provisions of this part, the purposes and objectives of the commission and the powers delegated by any other law of this state including, but not limited to, the following express powers:
1. (1) Incorporate the commission as a nonprofit corporation under the Tennessee Nonprofit Corporation Act, compiled in title 48, chapters 51-68, and after such incorporation, to apply for tax exempt status under 26 U.S.C. § 501(c)(3);
2. (2) Upon such incorporation, have all the rights and powers of a nonprofit corporation under the Tennessee Nonprofit Corporation Act;
3. (3) Request from any branch, department, division, board, bureau, commission or other agency of the state or any entity that receives state funds, such information as will enable the commission to perform the duties required by this part;
4. (4) Enter into mutual agreements with any state or local government, or subdivision thereof, or any for-profit or not-for-profit entity authorizing the commission to use any facility within the control or jurisdiction of such entity; or for the rendering of any services by any such entity to the commission or by the commission to any such entity, which are for or in connection with the commission's activities;
5. (5) Make, execute and deliver contracts, conveyances and other instruments necessary to the exercise and discharge of the powers and duties of the board;
6. (6) Contract for the provision of all or any part of the services necessary for the management and operation of the commission, and for the development, management and implementation of the plans and programs described in this part;
7. (7) Contract with consultants as necessary or desirable to carry out its responsibilities under this part;
8. (8) Promote, advertise and publicize the commission;
9. (9) Coordinate and promote financial literacy and education efforts at the state and local level, including promoting partnerships among state, and local governments, nonprofit organizations, including the commission, and private enterprises; and
10. (10) Procure and enter into any personal, professional or other type services contract in such manner and under such terms as may be prescribed by the board without regard to the requirements or the provisions of title 12, chapter 4.

2 Backlinks

§ 49-6-1703. Board of directors.

(a) The commission's board of directors shall be composed of eleven (11) members, three (3) of whom shall be the state treasurer, ex officio; the commissioner of financial institutions, ex officio; and the commissioner of education, ex officio.
(b) The non-ex officio members shall be appointed as follows: four (4) members shall be chosen by the speaker of the senate and four (4) members shall be chosen by the speaker of the house of representatives. In making appointments to the board, the speaker of the house of representatives and the speaker of the senate shall appoint individuals who are actively involved in financial literacy; provided, however, that one (1) such individual appointed by the speaker of the house of representatives shall be a teacher or administrator of a Tennessee public elementary school. The speaker of the house of representatives may consider for appointment the names of individuals recommended by the following boards: Tennessee Bankers Association board of directors; Tennessee Credit Union League board of directors; Tennessee Consumer Finance Association board of directors; and Tennessee Education Association board of directors. The speaker of the senate may consider for appointment the names of individuals recommended by the following boards: Tennessee Society of Certified Public Accountants board of directors; Tennessee Jump$tart Coalition board of directors; Tennessee Cash Advance Association board of directors; and Tennessee State Parent Teacher Association board or other governing board of a Tennessee state parent-teacher organization or association. The speaker of the house of representatives and the speaker of the senate shall strive to ensure that at least one (1) person serving on the board is sixty (60) years of age or older or is female and that at least one (1) person serving on the board is a member of a racial minority.
(c) The term of office for each appointed director shall be four (4) years; provided, however, that in order to stagger such terms, two (2) of the speaker of the senate's initial appointees shall serve terms of four (4) years, two (2) of the speaker of the house of representatives' initial appointees shall serve terms of four (4) years, one (1) of the speaker of the senate's initial appointees shall serve a term of three (3) years, one (1) of the speaker of the house of representatives' initial appointees shall serve a term of three (3) years, one (1) of the speaker of the senate's initial appointees shall serve a term of two (2) years, and one (1) of the speaker of the house of representatives' initial appointees shall serve a term of two (2) years. Each director shall serve until the director's successor is appointed, and if a vacancy occurs on the board, it shall be filled in the same manner as the original appointment. An appointment to fill a vacancy occurring before the expiration of a term is for the remainder of the unexpired term.
(d) Each ex officio member of the board may designate a member of the ex officio member's respective staff to attend meetings of the commission or its committees and to exercise the ex officio member's right to vote in the ex officio member's absence.
(e) The state treasurer shall serve as the chair of the commission. The board shall annually elect a vice chair, a secretary and such other officers as it deems necessary from its membership to perform the business of the commission. Such officers and the ex-officio members, or the ex-officios' designees, shall comprise the executive committee. The board may also appoint advisory boards or committees to report to the executive committee as deemed necessary.
(f) A majority of the members of the board serving shall constitute a quorum for the transaction of business at a meeting of the board. Voting upon action taken by the board shall be conducted by a majority vote of the members present at the meeting of the board. The board shall meet at the call of the chair and as may be otherwise provided in any bylaws, rules or regulations promulgated by the board. Meetings of the board may be held anywhere within the state.
(g) The business of the board shall be conducted at meetings of the board held in compliance with title 8, chapter 44. All records of the board shall be made available to the public in compliance with title 10, chapter 7.
(h) The board is attached to the department of the treasury for all administrative purposes, including fiscal and personnel operations. Further, nothing in this part or any other law, except title 9, chapter 8, shall be construed as a waiver of the state's eleventh amendment immunity or of the state's sovereign immunity for the commission, the corporation, its directors, officers or employees.
(i) The directors shall serve without compensation but shall receive reasonable reimbursement for actual and necessary travel expenses in accordance with the travel regulations promulgated by the department of finance and administration and approved by the attorney general and reporter.

§ 49-6-1704. Purpose — Authority.

(a) The purposes of the commission are to:
1. (1) Formulate and implement educational programs to improve the financial literacy of the citizens of this state, including, but not limited to, elementary school students and parents;
2. (2) Educate the public in Tennessee about effective personal management of financial resources including, but not limited to, college savings and retirement savings;
3. (3) Design, implement and disseminate publications and website media to promote financial literacy education;
4. (4) Establish and maintain a website that would serve as a clearinghouse and coordinated entry point for assessing information about financial literacy programs as well as publications, grants, and materials promoting enhanced financial literacy and education;
5. (5) Make grants and awards to implement and improve programs for financial literacy education;
6. (6) Initiate educational programs and campaigns deemed advisable by the board that are designated to promote financial literacy education;
7. (7) Conduct a formal review of the current personal finance standards taught in grades kindergarten through eight (K-8) and recommend revisions, including, but not limited to, integrating financial education into reading, language arts and math. Such recommendations shall be presented to the department of education and the state board of education for consideration of statewide applicability; and
8. (8) Develop, and report to the department of education and the state board of education, the means to include in existing standardized achievement testing for grades five (5) and eight (8), as an additional social studies component, the following personal finance concepts:
  1. (A) Decision making;
  2. (B) Earning an income;
  3. (C) Saving and spending;
  4. (D) Use of credit; and
  5. (E) Budgeting.
(b) The board of directors has the authority to adopt a charter, bylaws and to promulgate such reasonable substantive and procedural rules, regulations and policies as the board deems necessary to further the purposes of the commission. Any rules and regulations proposed by the board of directors shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(c) The commission has the authority to raise funds, including corporate funding, and to solicit and accept monetary gifts, including monetary gifts made by will, trust or disposition, grants, and other monetary aids from any personal source, to promote its activities and to support its ongoing programs; provided, that the commission does not have the authority to borrow money or guarantee any obligation without the express, prior approval of the state funding board. As the chair of the commission, the state treasurer has the authority to raise funds on behalf of the commission.

1 Backlink

49-1-302(a)(16)

§ 49-6-1705. Attorney to the commission.

(a) Counsel for the treasury department shall serve as the attorney to the commission.
(b) Notwithstanding subsection (a) or any other law to the contrary, in cases where the interest of the commission requires additional counsel, the treasurer, with the approval of the attorney general and reporter, is authorized to contract with such additional counsel, who shall be paid such compensation for services as the treasurer may deem just.

§ 49-6-1706. Funds.

(a) Funds of the commission shall be used exclusively for the purposes and activities set forth in this part and shall be invested by the state treasurer in accordance with § 9-4-603.
(b) Any reserve balance remaining unexpended at the end of a fiscal year in the commission's account shall not revert to the general fund but shall be carried forward into the subsequent fiscal year.
(c) Notwithstanding any law to the contrary, interest accruing on investments and deposits of the commission shall be credited to the commission's account, shall not revert to the general fund, and shall be carried forward into the subsequent fiscal year.

§ 49-6-1707. Examination and audit.

The commission shall be subject to examination and audit by the comptroller of the treasury in the same manner as prescribed for the department of the treasury.

§ 49-6-1708. Report on commission's activities.

(a) Upon request of the governor, the education committee of the senate, or either education committee of the house of representatives, the commission shall provide a report on the commission's activities.
(b) The commission shall study financial literacy in this state. The commission shall determine the scope of the study and shall submit a report of the findings of the study and the commission's recommendations to the general assembly. The report may be completed by a contractor employed by the commission. The contractor may be paid for the contractor's services with funds raised by the commission.

§ 49-6-1709. Report on financial literacy education — Section definitions.

(a) Subject to applicable federal and state laws, rules, and regulations, and upon the request of the commission, each public elementary and middle school, or each LEA on behalf of the schools, shall provide information to the commission or department of education about the financial literacy education provided to public elementary and middle school students during the school year.
(b) As used in this section, “public elementary and middle school” means an elementary school or middle school, as those terms are defined in § 49-6-301, located in this state, including a public charter school that serves comparable grade levels.

Part 18 Religious Viewpoints Antidiscrimination Act

§ 49-6-1801. “Limited public forum” defined for purposes of part.

As used in this part, “limited public forum” means public property that the LEA provides for students as a place for expressive activity which may impose reasonable, content-neutral time, place and manner restrictions on certain groups or topics of speech; provided, that the restriction is necessary and narrowly tailored to serve a compelling state interest

§ 49-6-1802. Discrimination against students' voluntary expression of a religious viewpoint prohibited — Applicable law — Legislative intent.

(a) An LEA shall treat a student's voluntary expression of a religious viewpoint, if any, on an otherwise permissible subject in the same manner in which the LEA treats a student's voluntary expression of a secular or other viewpoint on an otherwise permissible subject and may not discriminate against the student based on a religious viewpoint, if any, expressed by the student on an otherwise permissible subject.
(b) This part shall comply with §§ 4-1-407, 49-6-2904, any applicable state or federal laws, the Constitution of Tennessee and the United States Constitution. It is the intent of this part to allow LEAs to develop policies that ensure an LEA shall not discriminate against a student's voluntary expression of a faith based viewpoint, if any.

§ 49-6-1803. Establishment of limited public forum — Requirements — LEA disclaimer.

(a) An LEA shall not be required to provide a limited public forum pursuant to this part. If the LEA determines that it is appropriate to allow a student speaker at a school event, then this part shall apply.
(b) To ensure that an LEA does not discriminate against a student's publicly stated voluntary expression of a religious viewpoint, if any, and to eliminate any actual or perceived affirmative school sponsorship or attribution to the LEA of a student's expression of a religious viewpoint, if any, an LEA shall adopt a policy, such as the model policy for student expression as created by the Tennessee school boards association, or the LEA may develop a policy that is in compliance with this part. The policy shall include the establishment of a limited public forum for student speakers at school events at which a student is to publicly speak. The policy regarding the limited public forum shall also require the LEA to:
1. (1) Provide the forum in a manner that does not discriminate against a student's voluntary expression of a religious viewpoint, if any, on an otherwise permissible subject;
2. (2) Provide a method, based on neutral criteria, for the selection of student speakers at school events and graduation ceremonies;
3. (3) Ensure that a student speaker does not engage in speech that is obscene, vulgar, offensively lewd, indecent or promotes illegal drug use; and
4. (4) State, in writing, orally, or both, that the student's speech does not reflect the endorsement, sponsorship, position, or expression of the LEA.
(c) The LEA disclaimer required by subdivision (b)(4) shall be provided at all applicable circumstances at school events. The LEA shall also provide the disclaimer for any communications in which a student makes a public expression, for as long as a need exists to dispel confusion over the LEA's nonsponsorship of the student's communications.
(d) Student expression on an otherwise permissible subject may not be excluded from the limited public forum because the subject is expressed from a religious viewpoint.

§ 49-6-1804. Discrimination based on religious content of student's written or oral assignments or submissions prohibited — Penalty or reward prohibited.

Students may express their written beliefs about religion in homework, artwork, and other written and oral assignments free from discrimination based on the religious content of the student's submissions. Homework and classroom assignments shall be judged by ordinary academic standards of substance and relevance and against other legitimate academic concerns identified by the LEA. Students may not be penalized or rewarded based on the religious content of the student's work.

§ 49-6-1805. Organization of religious student groups permitted — Access to school facilities — Advertisements or announcements of meetings.

Students may organize religious student groups, religious clubs, “see you at the pole” gatherings, or other religious gatherings before, during, and after school to the same extent that students are permitted to organize other noncurricular student activities and groups. Religious groups shall be given the same access to school facilities for assembling as is given to other noncurricular groups without discrimination based on the religious content of the students' expression. If student groups that meet for nonreligious activities are permitted to advertise or announce meetings of their groups, then the LEA may not discriminate against groups that meet for prayer or other religious speech. An LEA may disclaim school sponsorship of noncurricular groups and events in a manner that neither favors nor disfavors groups that meet to engage in expressions of faith or religious speech.

Part 19 Suicide Prevention

§ 49-6-1901. Annual training for teachers and principals.

All employees of each LEA shall attend the annual in-service training in suicide prevention required to be provided to teachers and principals in accordance with § 49-6-3004(c)(1) or other equivalent training.

§ 49-6-1902. Adoption of policies — Establishment of model policy.

(a) Each LEA shall adopt a policy on student suicide prevention. The policies shall be developed in consultation with school and community stakeholders, school-employed mental health professionals, and suicide prevention experts, and shall, at a minimum, address procedures relating to suicide prevention, intervention, and postvention.
(b) To assist LEAs in developing policies for student suicide prevention, the department of education shall establish a model policy in consultation with the office of crisis services and suicide prevention of the department of mental health and substance abuse services and the department of health. An LEA may develop its own policy or adopt the model policy.

§ 49-6-1903. Cause of action — Imposition of duty of care.

(a) No person shall have a cause of action for any loss or damage caused by any act or omission resulting from the implementation of this part or resulting from any training, or lack thereof, required by this part.
(b) The training required by this part, or the lack thereof, shall not be construed to impose any specific duty of care.

§ 49-6-1904. Save Tennessee Students Act.

(a) This section and § 49-7-182 are known and may be cited as the “Save Tennessee Students Act.”
(b) If an LEA issues new student identification cards for students in grades six through twelve (6-12), then the LEA shall include on the identification cards:
1. (1) The telephone number for the 988 Suicide & Crisis Lifeline; and
2. (2) The social media handle, telephone number, or text number for at least one (1) additional crisis resource selected by the LEA, which may include, but not be limited to, the crisis text line or, if available, a local suicide prevention hotline.
(c) An LEA shall publish the telephone number for the 988 Suicide & Crisis Lifeline and the social media handle, telephone number, or text number for at least one (1) additional crisis resource selected by the LEA, which may include, but not be limited to, the crisis text line or, if available, a local suicide prevention hotline in a conspicuous place in each school of the LEA that serves students in grades six through twelve (6-12) or any combination thereof.

1 Backlink

49-7-182(a)

Part 20 School Property

§ 49-6-2001. Eminent domain.

(a) County and city boards of education are empowered to exercise the right of eminent domain and to take and use the property of individuals or private corporations for public school purposes as provided in this section.
(b) The county mayor or mayor of the city shall appoint not exceeding seven (7) freeholders, who shall constitute a board of appraisers and whose duty it shall be to determine the cash value of the land as provided in subsection (c).
(c) In case the owner of the property and the board of education fail to agree on the price to be paid for the property, it is the duty of the board of appraisers, at the request of either the owner or the board of education, to go upon the land and, under oath, fix a fair cash valuation upon the land.
(d)
1. (1) In case the owner or the board of education fails to concur in the findings of the board of appraisers, and appeal as they may to the circuit court where the cause will be tried de novo, the board of education, upon deposit with the county trustee of good and solvent bond to indemnify the owner in double the amount of the value fixed for the land in question by the board of appraisers, may proceed with the construction of the schoolhouse or other necessary building.
2. (2) When a court of competent jurisdiction has passed upon the case, on payment to the owner of the amount decreed by the court, the decree of the court vesting title in the board of education and their successors in office shall be a muniment of title as in other eminent domain cases, and if necessary, the court so rendering judgment is required to render judgment against the county or city, and the judgment shall be paid out of the general fund of the county or city or any other fund available.

§ 49-6-2002. Condemnation.

(a) All municipal corporations establishing or having a free public school or free public high school are empowered to take and condemn the lands, property, property rights, privileges and easements of individuals and private corporations, in the mode and on the terms provided in this section, for the purpose of school sites or the extension or enlargement of grounds upon which to build schoolhouses or free public high school buildings and the necessary ground appurtenant thereto.
(b) The municipal corporations shall so take and condemn by making compensation to the owner of the lands, property, property rights, privileges and easements. The compensation shall be paid to the owner by the municipal corporations.
(c) The compensation shall be determined in the mode and manner provided by §§ 7-31-107 — 7-31-112.

§ 49-6-2003. Conflicts of interest — Exception.

(a) It is unlawful for any teacher, supervisor, commissioner, director of schools, member of a board of education or other school officer in the public schools to have any pecuniary interest, directly or indirectly, in supplying books, maps, school furniture or apparatus to the public schools of the state, or to act as agent for any author, publisher, bookseller or dealer in such school furniture or apparatus on promise of reward for the person's influence in recommending or procuring the use of any book, map, school apparatus or furniture of any kind, in any public school; provided, that nothing in this section shall be construed to include authors of books.
(b) Nothing in this section shall preclude a spouse or family member of a principal, teacher or other school administrative employee from participating in business transactions with the school system where a sealed competitive bid system is used; provided, that the principal, teacher or other school administrative employee does not have discretion in the selection of bids or specifications.

§ 49-6-2004. Custody of school property.

(a) The custody of all county school property shall be with the county board of education.
(b) The board may designate the principal teacher of the local school, during the school term, or the truancy officer, to look after the protection and preservation of school grounds, houses and equipment. The board may appoint a capable person other than the attendance officer as custodian to take care of such school property during the year or the vacation period; provided, that the person shall not be employed unless the county legislative body first approves the expenditure of money for that purpose.

§ 49-6-2005. School flags.

(a) The United States flag shall be displayed on every public school building. It is the duty of the board of education to purchase at wholesale prices, on competitive bids, as many flags as needed for the various schools and to pay for them out of the public school funds.
(b) In order that uniformity in the quality of flags and their adaptability to the size of the building may be secured, it is the duty of the commissioner of education to specify the size and quality of flags to be purchased and to outline rules and regulations for the proper care, display and observance of the flag.

§ 49-6-2006. Powers of school board to buy, sell, acquire by gift or transfer.

(a) The board of education is authorized to receive donations of money, property or securities from any source for the benefit of the public schools, which funds it shall, in good faith, disburse in accordance with the conditions of the gifts.
1 Backlink
- 49-2-607(b)
(b)
1. (1) The board has the power to purchase land subject to the laws of this state, to erect buildings for public school purposes and to equip them on such terms as it deems advisable and advantageous, subject to the laws of this state, and to pay for the property out of funds appropriated or donated for the public schools.
2. (2) The board shall be vested with the title to property so purchased or acquired.
3. (3) The board has the power to dispose of any property the title to which is vested in the board.
(c)
1. (1) The board of education may dispose of any property to which it has title and upon which it has constructed a building under its career and technical education program, such sale to be a public sale or a negotiated sale, notwithstanding any public or private act of the general assembly. The public sale may be a sale by internet auction, which may be through a website maintained by the LEA or the local government. If, in the opinion of a majority of the board members, a negotiated sale will realize the best price obtainable for any property, the board shall advertise in a newspaper of general circulation in the county that the property is for sale and a negotiated sale shall not be completed until thirty (30) days after the publication of the legal notice. The board shall by a majority vote of the members at a regular meeting approve and record the price and name of the purchaser of any property so sold.
2. (2) For a sale by internet auction, the board shall advertise the sale in a newspaper of general circulation, and include in the advertisement the internet website address and other necessary information concerning the sale, and may advertise the sale and information on a website maintained by the LEA or the local government.
  1 Backlink
  - 49-6-2007(b)
(d) The board of education may also transfer surplus real or personal school property to the county or to any municipality within the county for public use, without the requirement of competitive bidding or sale.

3 Backlinks

§ 49-6-2007. Sale or transfer of surplus property.

(a) It is the general assembly's intent that surplus property in a local education agency (LEA) acquired by taxpayers' dollars, instead of being destroyed, be sold or transferred to a local government, as provided in § 49-6-2006.
(b) All LEAs that receive any state funds shall sell surplus property to the highest bidder after advertising in a newspaper of general circulation at least seven (7) days prior to the sale. The sale may be to the highest bidder through an internet auction website used by the LEA, the local government, or this state. An internet auction conducted under this subsection (b) must be open for bidding for at least seven (7) days. Advertisements for the sale must be in accordance with § 49-6-2006(c)(2).
(c) As used in this section, “surplus property” is that personal property no longer having an intended use by the LEA or no longer capable of being used because of its condition.
(d)
1. (1) Surplus personal property of LEAs that has no value or that has a value of less than five hundred dollars ($500) may be disposed of without the necessity of bids as required by this section.
2. (2) In order for disposal without bids, the executive committee of the local board of education must agree in writing that the property is of no value to the LEA or has a value of less than five hundred dollars ($500).
(e) This section does not apply to property leased or sold pursuant to § 49-2-203(b)(10).
(f) Notwithstanding any law to the contrary, an LEA may:
1. (1) Donate computers that have been removed from inventory in its schools to low-income families in the school district. The memory hard drives of all computers to be donated under this subdivision (f)(1) must be sanitized; or
2. (2) Dispose of computers by selling or trading them to computer vendors or manufacturers as part of the proposal to purchase new computers for the LEA without having to comply with the bidding requirements of subsection (b).

1 Backlink

49-2-203(b)(10)

§ 49-6-2008. Persons improperly on school premises — Assault upon educational personnel.

(a) In order to maintain the conditions and atmosphere suitable for learning, no person shall enter onto school buses, or during school hours, enter upon the grounds or into the buildings of any school, except students assigned to that bus or school, the staff of the school, parents of students and other persons with lawful and valid business on the bus or school premises.
(b) Any person improperly on the premises of a school shall depart on the request of the school principal or other authorized person.
(c) A violation of subsection (a) is a Class A misdemeanor.
(d) In addition to any criminal penalty provided by law, there is created a civil cause of action for an intentional assault upon educational personnel by any person during school hours or during school functions, if the parties are on school grounds or in vehicles owned, leased or under contract by the LEA and used for transporting students or faculty. A person who commits such assault shall be liable to the victim for all damages resulting from the assault, including compensatory and punitive damages. Upon prevailing, a victim shall be entitled to three (3) times the amount of the actual damages and shall be entitled to reasonable attorney fees and costs.

§ 49-6-2009. Displays in support of or opposition to referendum or initiative prohibited.

No sign or message in support of or opposition to a referendum or initiative placed before the voters shall be displayed on a sign owned by an LEA or its schools or attached to LEA-owned buildings. No audio or video messages in support of or opposition to a referendum or initiative shall be dispersed using LEA or school telephonic or electronic equipment or accounts.

Part 21 Transportation

§ 49-6-2101. Power of boards to provide transportation.

(a) Boards of education may provide school transportation facilities for children who live more than one and one-half (1½) miles by the nearest accessible route from the school to which they are assigned by the board of education and in which they are enrolled.
(b) Boards of education may, in their discretion, provide school transportation facilities for children who live less than one and one-half (1½) miles by the nearest accessible route from the school in which they are enrolled, but the county shall not be entitled to receive state transportation funds for any student, other than children with physical disabilities, who live less than one and one-half (1½) miles by the nearest accessible route from the school in which they are enrolled.
(c) Nothing in this part shall be construed to prevent a board of education from transporting children with physical disabilities, regardless of the distance they live from school, under rules and regulations adopted by the state board of education with the approval of the commissioner of education.
(d) Boards shall have power to purchase school transportation equipment, employ school transportation personnel, contract for transportation services with persons owning equipment and pay for such out of funds duly authorized in the budget approved by the county legislative body.
1 Backlink
- 49-6-2116(d)(5)
(e) Appointed directors of schools, in employing school transportation personnel, and boards of education, in contracting for transportation services with persons owning equipment, are authorized to enter into contracts for such services for periods of time as long as, but not exceeding, six (6) years from the date of making the contracts, it being the purpose of this section to permit a reasonable degree of employment security for such school transportation personnel.
(f)
1. (1) No board of education shall use or authorize the use of any school transportation facilities for the purpose of achieving a racial balance or racial imbalance in any school by requiring the transportation of any student or pupil from one school to another or from one school district established for such student or pupil's neighborhood to another.
2. (2) If the local board of education adopts any transportation plan or directive for the purpose of achieving racial balance, the governor may order that any or all parts of the state transportation funds shall be withheld from the local school board.
3. (3) If the governor so orders, the commissioner and the state board of education shall withhold, or cause to be withheld, state transportation funds to local boards of education to the extent ordered by the governor.
(g) Each LEA is encouraged to conduct an investigation to determine if any special hazard zones are present within all walking routes children commonly utilize going to and returning from schools. For the purposes of this subsection (g), special hazards shall include an absence of sidewalks, a highway with four (4) or more lanes, an intersection where right turn on red is prohibited, one (1) or more sexual offenders as defined in § 40-39-202 or violent sexual offenders as defined in § 40-39-202 reside in the area or any other condition that could affect the safety and well-being of children walking to school. If the LEA determines a special hazard zone is present, it shall submit its findings to the entity responsible for the road or highway. The entity responsible for the road or highway is encouraged to cooperate with the LEA to devise methods to minimize the hazardous conditions.

2 Backlinks

§ 49-6-2102. Rules and regulations.

The state board of education is directed to formulate rules and regulations governing school transportation as needed to protect the lives and welfare of school children.

§ 49-6-2103. Transportation free.

No pupil shall be charged a fee by the county board of education or by any employee of the board for the privilege of being transported with public funds to any public school.

§ 49-6-2104. Payments in lieu of transportation.

(a) All pupils within a county shall be provided equal opportunity to attend school with any other pupil transported at public expense, except as conditions of roads or remoteness may prevent.
(b) In all cases where transportation cannot be furnished to a child because of the condition of roads or the remoteness of the home of the child, the local boards of education may, at their discretion, pay to the parents or guardian of the child an amount equal to the average per capita cost of transporting one (1) pupil, such calculation to be based upon the cost determined during the preceding school year.
(c) Before any child shall be eligible to receive any amount under this section, the following conditions must be met:
1. (1) The child must maintain regular attendance in a public school;
2. (2) The child must live more than one and one-fourth (1¼) miles from the school that the child is required to attend under this chapter; and
3. (3) It must be established to the satisfaction of the local school board that such child lives more than one and one-fourth (1¼) miles from the nearest daily route of a school bus.

§ 49-6-2105. Maximum time in transit.

No pupil shall be allowed to remain in transit to or from school on a school bus more than one and one-half (1½) hours in the morning or one and one-half (1½) hours in the afternoon.

§ 49-6-2106. Approval of routes.

School bus routes shall be subject to the approval of the commissioner of education in order that the most efficient and economical services may be rendered. This section only applies where specific request for approval is made by the county board of education where the school bus routes are located.

§ 49-6-2107. Certification of drivers and equipment.

(a) No person shall be authorized to drive a school bus in this state unless the person possesses a certificate issued by the county board of education.
(b) The county board of education is authorized to adopt rules and regulations prescribing the qualifications of school bus drivers in the interest of the safety and health of school pupils.
(c) No person shall be issued a certificate until an investigation has been made to determine whether or not the person has been found guilty of any criminal offense and until the criminal records are made a part of the person's permanent file.
(d) In the event it should develop that school bus drivers and school bus equipment cannot be obtained in conformity with all of this part, the state board of education shall be authorized to issue temporary certificates to school bus drivers and to permit the use of equipment on a temporary basis that does not meet the requirements of this part, to the end that school transportation may be provided to all the children of this state at all times and through any emergency that might develop.
(e)
1. (1) Notwithstanding any other law or rules and regulations adopted pursuant to subsection (b) to the contrary, a person shall not be issued a certificate to drive a school bus in this state or authorized as a third-party skills test examiner for a school bus (S) endorsement pursuant to § 55-50-415 who, within the preceding five (5) years, has been convicted in this state, or in any other jurisdiction pursuant to a law prohibiting the same conduct, of a violation of any of the following:
  1. (A) Driving under the influence of an intoxicant as prohibited by § 55-10-401;
  2. (B) Vehicular assault as prohibited by § 39-13-106;
  3. (C) Vehicular homicide as prohibited by § 39-13-213(a)(2);
  4. (D) Aggravated vehicular homicide as prohibited by § 39-13-218;
  5. (E) Manufacture, delivery, sale or possession of a controlled substance as prohibited by § 39-17-417; or
  6. (F) Manufacture, delivery, sale or possession of a controlled substance analogue as prohibited by § 39-17-454.
  2 Backlinks
  - 49-6-2108(b)(1)
  - 49-6-2108(b)(2)
2. (2) If the request for a certificate to drive a school bus in this state occurs five (5) years or more after the date of any such conviction, the board of education, in its discretion, may issue the person a certificate.
(f) Each local education agency (LEA) that provides transportation services shall submit to the department of safety the names of persons authorized to drive a school bus. The department of safety shall maintain a database of all those persons authorized to drive a school bus and notify the appropriate LEA if the driver license or driving privileges of a listed person have been suspended or revoked. Upon receiving the notification, the LEA shall suspend or revoke the person's authorization to drive a school bus and inform the person of the suspension or revocation. Any person authorized to drive a school bus shall notify the LEA if the person's driver license or driving privileges have been suspended or revoked. If the person's driver license or driving privileges have been reinstated and the person meets the other requirements set out by the LEA, the person may request new authorization to drive a school bus. As used in this subsection (f), “local education agency” has the same meaning as defined in § 49-1-103.
(g) Prior to transporting students, new school bus drivers shall complete a school bus driver training program based on standards established by the departments of education and safety. Such standards shall, at a minimum, address student management, distracted driving, school and district policy, driving techniques, evacuations, loading and unloading, mirror usage, and state and federal law regarding the use and driving of a school bus.
(h) Notwithstanding subsection (a), an individual authorized as a third-party skills test examiner for school bus (S) endorsement skills testing pursuant to § 55-50-415 is not required to submit a certificate from the county board of education, unless the individual is also providing transportation services for a school.

1 Backlink

49-6-2108(b)

§ 49-6-2108. Drivers — Physical and mental examinations. [Effective until July 1, 2024. See the version effective on July 1, 2024.]

(a) The state board of education shall require annual physical and mental examinations of school bus drivers and require reports to be made on forms prescribed by the board.
(b) It is the duty of the board to revoke the certificate of any school bus driver found to be physically, mentally or morally unfit to operate a school bus, or who has been guilty of operating a school bus while under the influence of intoxicating beverages.

§ 49-6-2108. Drivers — Physical and mental examinations. [Effective on July 1, 2024. See the version effective until July 1, 2024.]

(a) The local board of education shall require annual physical and mental examinations of school bus drivers and require reports to be made on forms prescribed by the local board of education.
(b) It is the duty of the local board of education to revoke the certificate issued to a school bus driver under § 49-6-2107 if the school bus driver is found to be physically, mentally, or morally unfit to operate a school bus, or if the school bus driver has been:
1. (1) Convicted in this state of one (1) or more of the violations outlined in § 49-6-2107(e)(1); or
2. (2) Convicted in another jurisdiction of violating a law that prohibits the same conduct as one (1) or more of the violations outlined in § 49-6-2107(e)(1).

§ 49-6-2109. Equipment — Commercial advertising. [Effective until July 1, 2024. See the version effective on July 1, 2024.]

(a) Pupils shall be transported in safe equipment constructed of steel or materials providing similar safety, as determined by the state board of education, and other safety features shall be included according to specifications for school buses as adopted from time to time by the board.
(b)
1. (1) Except as otherwise provided in this subsection (b), conventional and Class D school buses may be used until the buses reach the eighteenth year from the in-service date of the buses, and neither the state board of education nor the commissioner of safety shall limit the use of conventional or Class D school buses by mileage driven.
2. (2) The commissioner of safety, through the inspection process, may approve additional years of service beyond the eighteenth year from the in-service date for conventional and Class D buses on a year-to-year basis. The owner of a bus may receive approval for additional years of service beyond the eighteenth year only if any conventional or Class D school bus being operated in the eighteenth year or beyond has less than two hundred thousand (200,000) miles of recorded travel; provided, however, that after the bus reaches two hundred thousand (200,000) miles of recorded travel the owner of the bus shall be allowed to operate the bus throughout the remainder of the school year and at the conclusion of the school year, the owner shall replace the bus. The bus shall meet all requirements for continued safe use and operation during the remainder of the school year and the owner of the bus shall notify the department of safety in writing, via certified mail, that the bus has reached two hundred thousand (200,000) miles of recorded travel.
3. (3) If a bus reaches the eighteenth year following its in-service date requiring discontinuance of its use during a school year, the owner of the bus shall be allowed to operate the bus throughout the remainder of the school year. The bus shall meet all requirements for continued safe use and operation during the remainder of the school year and the owner of the bus shall immediately notify the department of safety in writing, via certified mail, when the bus reaches the eighteenth year requiring discontinuance.
4. (4) Any conventional or Class D bus that is in use for more than fifteen (15) years from its in-service date, but not more than eighteen (18) years from such date, shall be inspected by the commissioner or the commissioner's designee at least twice annually.
5. (5) No bus purchased from an out-of-state entity that has been in use for more than fifteen (15) years from its in-service date may be in use unless it has been in service in this state for a minimum period of two (2) consecutive years.
6. (6) The owner of any bus shall maintain records of all maintenance actions and safety inspections performed on a bus from its in-service date and these records shall be available at all times to the commissioner of safety or the commissioner's designee.
7. (7) The commissioner, or the commissioner's designee, shall make no less than one (1) inspection annually of each school bus that has been in use for fifteen (15) years or less from the in-service date and that transports school children, in order to determine whether it can be used safely to protect properly the lives of school children. At any inspections under this subsection (b), the inspector shall have the authority to require repairs or reconditioning to be made that the inspector considers necessary for the continued safe use and operation of the bus. If the local authority or owner refuses to take the required action or if the inspector considers continued use of the bus to be unsafe, the inspector shall order its removal from service.
8. (8) Boards of education are encouraged to make full use of federal funds, while available, for retrofitting diesel school buses to improve both cabin air quality and lower emissions.
9. (9) The commissioner of safety is authorized to promulgate rules to effectuate the purposes of this subsection (b). All such rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
10. (10) The department of safety is authorized to collect a fee for additional inspections conducted for buses that are used in the sixteenth year or beyond following the in-service date. The fee shall be paid by the owner of the bus requesting the additional year or years of service on an inspection-by-inspection basis; provided, however, that the LEA may pay the fee for any bus servicing the LEA.
(c)
1. (1) School buses shall be of uniform approved color with the necessary marking easily to identify them in accordance with requirements of the state board of education. This requirement does not apply to a van type vehicle used only to transport students to and from school-related activities.
2. (2) No other motor carrier, for hire or otherwise, shall bear the same color or markings as designated by the state board of education for school buses.
3. (3) A violation of this subsection (c) is a Class C misdemeanor.
(d) Nothing in this title shall prohibit a local school district from allotting space on the exterior or interior of a school bus for the purpose of commercial advertising. After consultation with the department of safety, the state board of education is directed to promulgate rules and regulations to effectuate this subsection (d). Commercial advertising shall be permitted only on the rear quarter panels of the school bus of a size not to exceed thirty-six inches (36″) in height and ninety inches (90″) in length and shall not advertise alcohol or tobacco products. Commercial advertising permitted by this subsection (d) shall not include campaign advertising as prohibited in § 2-19-144, and any such campaign advertising shall be expressly prohibited. Commercial advertising permitted by this subsection (d) shall not include individual food items that, pursuant to § 49-6-2306, cannot be sold or offered for sale to pupils in pre-kindergarten through grade eight (pre-K-8) through vending machines.
(e)
1. (1) The board shall permit the use of type A school buses for a period of fifteen (15) years of service. If a type A school bus reaches the fifteenth year of service requiring discontinuance of its use during a school year, the owner of the bus shall be allowed to operate the bus throughout the remainder of the school year. The bus shall meet all requirements for continued safe use and operation during the remainder of the school year, and the owner of the bus shall immediately notify the department of safety in writing, via certified mail, when the bus reaches the fifteenth year requiring discontinuance.
2. (2) The board is authorized to promulgate rules to effectuate the purposes of this subsection (e). All such rules shall be promulgated in accordance with the Uniform Administrative Procedures Act.

§ 49-6-2109. Equipment — Commercial advertising. [Effective on July 1, 2024. See the version effective until July 1, 2024.]

(a) Students must be transported in safe equipment:
1. (1) Constructed of steel or materials providing similar safety; and
2. (2) That include other safety features as set forth in the specifications for school buses approved by the department of safety. The department of education shall develop the specifications for school buses and shall recommend the specifications for school buses to the department of safety for approval.
(b)
1. (1) Except as otherwise provided in this subsection (b), conventional and Class D school buses may be used until the buses reach the eighteenth year from the in-service date of the buses. The commissioner of safety shall not limit the use of conventional or Class D school buses by mileage driven.
2. (2) The commissioner of safety, through the inspection process, may approve additional years of service beyond the eighteenth year from the in-service date for conventional and Class D buses on a year-to-year basis. The owner of a bus may receive approval for additional years of service beyond the eighteenth year only if any conventional or Class D school bus being operated in the eighteenth year or beyond has less than two hundred thousand (200,000) miles of recorded travel; provided, however, that after the bus reaches two hundred thousand (200,000) miles of recorded travel the owner of the bus shall be allowed to operate the bus throughout the remainder of the school year and at the conclusion of the school year, the owner shall replace the bus. The bus shall meet all requirements for continued safe use and operation during the remainder of the school year and the owner of the bus shall notify the department of safety in writing, via certified mail, that the bus has reached two hundred thousand (200,000) miles of recorded travel.
3. (3) If a bus reaches the eighteenth year following its in-service date requiring discontinuance of its use during a school year, the owner of the bus shall be allowed to operate the bus throughout the remainder of the school year. The bus shall meet all requirements for continued safe use and operation during the remainder of the school year and the owner of the bus shall immediately notify the department of safety in writing, via certified mail, when the bus reaches the eighteenth year requiring discontinuance.
4. (4) Any conventional or Class D bus that is in use for more than fifteen (15) years from its in-service date, but not more than eighteen (18) years from such date, shall be inspected by the commissioner or the commissioner's designee at least twice annually.
5. (5) No bus purchased from an out-of-state entity that has been in use for more than fifteen (15) years from its in-service date may be in use unless it has been in service in this state for a minimum period of two (2) consecutive years.
6. (6) The owner of any bus shall maintain records of all maintenance actions and safety inspections performed on a bus from its in-service date and these records shall be available at all times to the commissioner of safety or the commissioner's designee.
7. (7) The commissioner, or the commissioner's designee, shall make no less than one (1) inspection annually of each school bus that has been in use for fifteen (15) years or less from the in-service date and that transports school children, in order to determine whether it can be used safely to protect properly the lives of school children. At any inspections under this subsection (b), the inspector shall have the authority to require repairs or reconditioning to be made that the inspector considers necessary for the continued safe use and operation of the bus. If the local authority or owner refuses to take the required action or if the inspector considers continued use of the bus to be unsafe, the inspector shall order its removal from service.
8. (8) Boards of education are encouraged to make full use of federal funds, while available, for retrofitting diesel school buses to improve both cabin air quality and lower emissions.
9. (9) The commissioner of safety is authorized to promulgate rules to effectuate the purposes of this subsection (b). All such rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
10. (10) The department of safety is authorized to collect a fee for additional inspections conducted for buses that are used in the sixteenth year or beyond following the in-service date. The fee shall be paid by the owner of the bus requesting the additional year or years of service on an inspection-by-inspection basis; provided, however, that the LEA may pay the fee for any bus servicing the LEA.
(c)
1. (1) School buses shall be of uniform approved color with the necessary marking easily to identify them in accordance with the specifications for school buses developed by the department of education and approved by the department of safety. This requirement does not apply to a van type vehicle used only to transport students to and from school-related activities.
2. (2) No other motor carrier, for hire or otherwise, shall bear the same color or markings as designated by the department of safety for school buses.
3. (3) A violation of this subsection (c) is a Class C misdemeanor.
(d) Nothing in this title shall prohibit a local school district from allotting space on the exterior or interior of a school bus for the purpose of commercial advertising. After consultation with the department of safety, the state board of education is directed to promulgate rules and regulations to effectuate this subsection (d). Commercial advertising shall be permitted only on the rear quarter panels of the school bus of a size not to exceed thirty-six inches (36″) in height and ninety inches (90″) in length and shall not advertise alcohol or tobacco products. Commercial advertising permitted by this subsection (d) shall not include campaign advertising as prohibited in § 2-19-144, and any such campaign advertising shall be expressly prohibited. Commercial advertising permitted by this subsection (d) shall not include individual food items that, pursuant to § 49-6-2306, cannot be sold or offered for sale to pupils in pre-kindergarten through grade eight (pre-K-8) through vending machines.
(e)
1. (1) The department of safety shall permit the use of type A school buses for a period of fifteen (15) years of service. If a type A school bus reaches the fifteenth year of service requiring discontinuance of its use during a school year, the owner of the bus shall be allowed to operate the bus throughout the remainder of the school year. The bus shall meet all requirements for continued safe use and operation during the remainder of the school year, and the owner of the bus shall immediately notify the department of safety in writing, via certified mail, when the bus reaches the fifteenth year requiring discontinuance.
2. (2) The department of safety is authorized to promulgate rules to effectuate the purposes of this subsection (e). All such rules shall be promulgated in accordance with the Uniform Administrative Procedures Act.

§ 49-6-2110. Safe operation of buses.

(a) A school bus shall at no time transport more pupils than the manufacturer's rated capacity for the bus, allowing no less than thirteen linear inches (13″) of seat space for each pupil. The commissioner of education may, under rules and regulations prepared by the commissioner and approved by the state board of education, issue permits to a local board of education allowing the number of pupils transported on a school bus to exceed the limit prescribed in this subsection (a), up to, but not to exceed, twenty percent (20%) of the manufacturer's rated capacity. In no event shall a permit be issued authorizing the loading of a school bus beyond the limits of safety.
(b) A school bus transporting pupils to and from school or on school-sponsored activity trips shall not exceed posted speed limits or a maximum speed of thirty-five miles per hour (35 mph) on unpaved roadways.

§ 49-6-2111. School bus insurance.

No school bus shall be operated to transport pupils to and from school unless the school bus is insured for liability and property damage according to rules and regulations of the state board of education.

§ 49-6-2112. School bus tax exemption.

(a) No privilege tax shall be collected from any school bus operator or from any board of education for operating a vehicle to transport children to and from school unless the vehicle is used for profit in transporting other than school pupils.
(b) No owner or operator of a school bus used to transport children to or from school shall be liable for any privilege tax, other than registration fees for the bus, for transporting school children to or from any activity, during the normal school term, sponsored by or participated in by any public school or its students.

§ 49-6-2113. Penalty for violations.

A willful violation of this part is a Class C misdemeanor.

§ 49-6-2114. Tennessee Children with Disabilities Transportation Act.

(a) This section shall be known and may be cited as the “Tennessee Children with Disabilities Transportation Act of 1991.”
(b)
1. (1) School districts and other entities entitled by the laws of this state to receive school aid for educational and related services provided by them for children with disabilities shall not be entitled to receive the aid under § 49-10-113, unless a person, in addition to the driver of any motor vehicle or bus utilized for the transportation of the children with disabilities, is designated to check each vehicle or bus at the central bus depot, bus facility or parking area each time the vehicle or bus returns from transporting the children to their respective destinations, to ensure that all children have left the vehicle or bus.
2. (2) Bus drivers who do not return to a central depot, including drivers, shall have as a part of their employment contract a provision stipulating that all buses will be checked at the end of every run to make sure that no person remains on the bus. The contracting party shall be responsible for supplying the name, address and telephone number of the checker to the local board of education.
(c) The name, address and telephone number of the persons designated to check the bus shall be supplied to the LEA on or before August 1 each year. If the designated persons are changed during the interim period between the annual report, then the name, address and telephone number of the new designee must be submitted during the interim and within ten (10) days of the change in designation.

§ 49-6-2115. Compliance with school bus and motor vehicle safety standards. [Effective until July 1, 2024. See the version effective on July 1, 2024.]

Notwithstanding any rule of the state board of education to the contrary, all school buses purchased by an LEA or private contractor to transport school students shall meet national minimum school bus standards and all applicable federal motor vehicle safety standards. A van type vehicle used only to transport students to and from school-related activities is not required to comply with former 23 CFR 1204-4 Guide 17 or any other federal standards, guidelines, or recommendations, but shall comply with applicable rules and regulations promulgated by the state board of education.

§ 49-6-2115. Compliance with school bus and motor vehicle safety standards. [Effective on July 1, 2024. See the version effective until July 1, 2024.]

Notwithstanding any rule of the state board of education or the department of safety to the contrary, all school buses purchased by an LEA or private contractor to transport school students shall meet national minimum school bus standards and all applicable federal motor vehicle safety standards. A van type vehicle used only to transport students to and from school-related activities is not required to comply with former 23 CFR 1204-4 Guide 17 or any other federal standards, guidelines, or recommendations, but shall comply with applicable rules and regulations promulgated by the state board of education or the department of safety.

§ 49-6-2116. Transportation supervisor — Transportation policy relative to safe transport of students.

(a) Each local board of education (LEA) and charter school, and charter management organization as applicable, that provides or contracts for transportation services shall appoint a transportation supervisor responsible for the monitoring and oversight of transportation services for the district or school.
(b) Each transportation supervisor shall complete a student transportation management training program developed jointly by the departments of safety and education upon being appointed and, thereafter, shall complete a minimum of four (4) hours of annual training approved by those departments; provided, that the annual training shall not be required in the same year the management training program is completed.
(c) By February 15, 2018, each LEA and charter school, and charter management organization as applicable, shall submit to the department of education the name of the transportation supervisor. By August 15 of each school year thereafter, each LEA and charter school, and charter management organization as applicable, shall submit to the department the name of the transportation supervisor and verification that the transportation supervisor has completed the training required under subsection (b). The department must be promptly notified of any change in transportation supervisor that occurs during the school year.
(d) Every LEA and charter school governing body shall adopt a transportation policy relative to the safe transport of students. This policy shall include:
1. (1) A procedure for students, parents, teachers and staff, and the community to report school bus safety complaints;
2. (2) A procedure for the transportation supervisor to investigate any complaint of a safety violation or concern, such that:
  1. (A) The investigation is commenced within twenty-four (24) hours of receipt;
  2. (B) Within forty-eight (48) hours of receipt of a complaint, a preliminary report is issued to the director of schools that includes the time and date of receipt of the complaint, a copy or summary of the complaint, the school bus driver involved, and any prior complaints or disciplinary actions taken against the driver; and
  3. (C) Within sixty (60) school days of receipt of a complaint, a final report is issued to the director of schools in writing that includes any findings of the investigation and any action taken by the transportation supervisor in response to the complaint;
3. (3) A requirement that each school bus serving the district or charter school be equipped with the phone number for reporting complaints on the rear bumper;
4. (4) A process to provide annual notice to students and parents regarding the process for reporting complaints; and
5. (5) A policy or procedure for the collection and maintenance of the following records, regardless of whether transportation services are provided directly by the LEA or charter school or via contractual agreement as authorized under § 49-6-2101(d):
  1. (A) Bus maintenance and inspections;
  2. (B) Bus driver credentials, including required background checks, health records, and performance reviews;
  3. (C) Driver training records; and
  4. (D) Complaints received and any records related to the investigation of those complaints.
(e) As part of its responsibilities related to student transportation, the department of education shall, at a minimum:
1. (1) Develop and deliver, in collaboration with the department of safety, the student transportation management training program required under subsection (b);
2. (2) Establish, in collaboration with the department of safety, a system for monitoring district and charter school compliance with all applicable state and federal laws regarding student transportation services; and
3. (3) Prepare, in collaboration with the department of safety, and annually update and disseminate guidelines on best practices for the management of student transportation services.

§ 49-6-2117. Prohibition against nonpublic schools employing or permitting driver convicted of violations.

(a) Notwithstanding any other law to the contrary, no private school, as defined in § 49-6-3001, or church related school, as defined in § 49-50-801(a), shall employ or permit a person to drive a school bus in this state who, within five (5) years of the person's application to be employed or serve as a school bus driver, has been convicted in this state, or in any other jurisdiction pursuant to a law prohibiting the same conduct, of a violation of any of the following:
1. (1) Driving under the influence of an intoxicant as prohibited by § 55-10-401;
2. (2) Vehicular assault as prohibited by § 39-13-106;
3. (3) Vehicular homicide as prohibited by § 39-13-213(a)(2);
4. (4) Aggravated vehicular homicide as prohibited by § 39-13-218;
5. (5) Manufacture, delivery, sale or possession of a controlled substance as prohibited by § 39-17-417; or
6. (6) Manufacture, delivery, sale or possession of a controlled substance analogue as prohibited by § 39-17-454.
(b) It shall be the responsibility of the private school or church related school to determine whether any person employed by the school to drive a school bus is in compliance with this section.

§ 49-6-2118. Policies and procedures for students exiting school bus at stop other than regular bus stop — Bus drivers' responsibilities — Unruly students.

(a)
1. (1) Each LEA shall adopt policies and procedures for transportation of students that include policies and procedures concerning the exiting of a school bus by a student at a point other than the student's destination for the trip. The policies and procedures shall at least require that a student whom a parent or guardian desires to exit a school bus at a destination other than the student's regular bus stop on the student's return bus route after dismissal of school shall provide the bus driver with a signed note from the parent or guardian informing the driver of the change in the student's bus stop for that day. The driver shall be required to turn the signed note over to the student's school principal or other school authority as soon as practicable after completion of the route.
2. (2) An LEA may adopt more stringent policies and procedures than the requirements of subdivision (a)(1) with respect to a student's exiting the bus at a point other than the student's regular bus stop, including a policy that does not permit a student to exit at a point other than the student's regular bus stop.
(b) Each LEA, prior to the beginning of each school year or upon hire of a school bus driver during the school year, shall assure that every school bus driver knows and understands the LEA's policies and procedures concerning transportation, including, but not limited to, bus drivers' responsibilities and duties with regard to a student exiting a bus at a point other than the student's destination for the trip.
(c) No school bus driver shall require or permit a student to exit a bus in violation of the LEA's policies and procedures. However, nothing in this section shall prevent an LEA from adopting policies and procedures for management of unruly students on school buses, including the ejection of a student when necessary for the safety of other student passengers or the bus driver; provided, that the driver secures the safety of that student for the uncompleted trip. The director of schools shall immediately review the fitness to drive of a school bus driver who permits or requires a student to exit a bus in violation of the LEA's policies and procedures.
(d) A driver shall report to school authorities as soon as possible, but no later than the end of the route, any student refusing to obey the driver and exiting the bus without the driver's permission at a point other than the student's destination for that trip.

§ 49-6-2119. Policy for parents to view photographs or video footage from cameras on school buses.

(a) A local board of education shall adopt a policy that establishes a process to allow a parent of a student to view photographs or video footage collected from a camera or video camera installed inside a school bus if the local education agency (LEA) has one (1) or more school buses operating in the LEA with a camera or video camera installed inside a school bus that is used to transport students to and from school or school-sponsored activities.
(b) The policy must require that photographs or video footage be viewed under the supervision of the director of schools or a school official designated by the director of schools. The policy must comply with § 10-7-504, the Family Educational Rights and Privacy Act (20 U.S.C. § 1232g), and other relevant state or federal privacy laws. The policy must establish the duration for which an LEA must maintain photographs or video footage collected from a camera or video camera installed inside a school bus.
(c) Nothing in this section requires a local board of education to purchase camera or video recording equipment for school buses that operate within the LEA.
(d) As used in this section, “parent” means the parent, guardian, person who has custody of the child, or individual who has caregiving authority under § 49-6-3001.

Part 22 Textbooks and Instructional Materials

§ 49-6-2201. State textbook and instructional materials quality commission.

(a)
1. (1) There is created a state textbook and instructional materials quality commission composed of thirteen (13) members, eleven (11) of whom shall be appointed as follows:
  1. (A) The speaker of the senate appoints a:
    1. (i) Director of schools or a person with a valid instructional leader license;
    2. (ii) Teacher or instructional supervisor in the intermediate grades, grades four through eight (4-8), or a retired teacher or retired instructional supervisor who taught or supervised grades four through eight (4-8); and
    3. (iii) School librarian or a retired school librarian;
  2. (B) The speaker of the house of representatives appoints a:
    1. (i) Director of schools or a person with a valid instructional leader license;
    2. (ii) Teacher or instructional supervisor in the lower grades, grades kindergarten through three (K-3), or a retired teacher or retired instructional supervisor who taught or supervised grades kindergarten through three (K-3); and
    3. (iii) School librarian or a retired school librarian;
  3. (C) The governor shall appoint a:
    1. (i) Principal; and
    2. (ii) Teacher or instructional supervisor in the upper grade subjects, grades nine through twelve (9-12);
  4. (D)
    1. (i) The three (3) remaining members shall be citizens of this state who are not employed in the public kindergarten through grade twelve (K-12) educational system but who are knowledgeable of education issues in this state;
    2. (ii) The citizen members listed in subdivision (a)(1)(D)(i) shall be appointed as follows:
      1. (a) The governor shall appoint a person who resides in the western grand division;
      2. (b) The speaker of the senate shall appoint a person who resides in the eastern grand division; and
      3. (c) The speaker of the house of representatives shall appoint a person who resides in the middle grand division; and
  5. (E) If a member's initial qualification changes, the member shall be allowed to complete such member's term of appointment.
2. (2) The commissioner of education, or a deputy or assistant commissioner of education serving as the commissioner's designee, shall be an ex officio secretary of the commission, without the right to vote, and shall serve without additional compensation for such service.
3. (3) In making appointments pursuant to subdivisions (a)(1)(A)-(C), the appointing authorities shall strive to ensure that a proportionate number of persons are appointed to the commission from each grand division.
4. (4) The Tennessee state library coordinator shall serve as an ex officio non-voting member of the commission.
(b)
1. (1) Except as otherwise provided in subdivisions (b)(2) and (3), each member appointed pursuant to subdivisions (a)(1)(C) and (D)(ii)(a) must be confirmed by joint resolution of the general assembly upon the recommendation of the education committee of the senate and the education administration committee of the house of representatives in the legislative session immediately following the appointment.
2. (2) If the general assembly is not in session at the time a member is appointed to fill a vacancy, the new appointee shall serve for the term appointed unless such appointment is not confirmed within ninety (90) calendar days after the general assembly next convenes in regular session following such appointment.
3. (3) If the general assembly is not in session when initial appointments are made, all initial appointments shall serve the terms prescribed pursuant to subdivision (d)(2), unless such appointments are not confirmed within ninety (90) days after the general assembly next convenes in regular session following such appointments.
(c) Except as provided in subsection (d) for initial appointments, the terms of the members of the commission shall be three (3) years.
(d)
1. (1) The entire membership of the commission as comprised on June 30, 2018, shall be vacated on July 1, 2018, and new members shall be appointed and confirmed in accordance with subsections (a) and (b).
2. (2) In order to stagger the terms of the newly appointed commission members, initial appointments shall be made as follows:
  1. (A) The persons appointed pursuant to subdivision (a)(1)(D)(ii) shall serve an initial term of one (1) year, which shall expire on June 30, 2019;
  2. (B) The persons appointed pursuant to subdivisions (a)(1)(A)(i), (a)(1)(B)(i), and (a)(1)(C)(i) shall serve an initial term of two (2) years, which shall expire on June 30, 2020;
  3. (C) The persons appointed pursuant to subdivisions (a)(1)(A)(ii), (a)(1)(B)(ii), and (a)(1)(C)(ii) shall serve an initial term of three (3) years, which shall expire on June 30, 2021; and
  4. (D) The persons appointed pursuant to subdivisions (a)(1)(A)(iii) and (B)(iii) serve an initial term of three (3) years, which must expire on June 30, 2025.
(e)
1. (1) Following the expiration of members' initial terms as prescribed in subdivision (d)(2), all three-year terms shall begin on July 1 and terminate on June 30, three (3) years thereafter.
2. (2) In the event of a vacancy, the respective appointing authority shall fill the vacancy for the unexpired term.
(f) At the first regular meeting in each calendar year, the members of the commission shall elect a chair for a one-year term or until a successor is elected.
(g)
1. (1) Before members of the commission begin to discharge their duties, they shall take and subscribe to the following oath:
2. “I do hereby declare that I am not now directly or indirectly financially interested in, or employed by, any textbook or instructional materials publisher or agency, and that I will not become directly or indirectly financially interested in any of the proposed contracts, nor in any book or instructional materials, nor in any publishing concern handling or offering any books or other publications to the commission, of which I am a member, for listing and adoption, and I do hereby promise that I will act honestly, faithfully, and conscientiously, and in all respects will discharge my duty as a member of this commission to the best of my skill and ability.”
3. (2) A violation of the oath taken pursuant to subdivision (g)(1) as determined by the department of education, in consultation with the commission, shall be grounds for the removal of a member by the respective appointing authority. A violation of the oath taken pursuant to subdivision (g)(1) may subject the commission member to criminal prosecution pursuant to applicable criminal statutes.
(h) The department of education shall assist the commission by providing mandatory training to newly appointed members on the textbook and instructional materials review process and the completion of their assigned tasks, including, but not limited to, the following:
1. (1) The delivery of quality textbook and instructional materials programs to the LEAs of the state, as fulfilled through the development of rules for the bidding and contracting of textbook and instructional materials programs;
2. (2) The adoption of physical standards and specifications that assure suitable durability of the textbooks, instructional materials, and supplemental materials;
3. (3) The review of programs bid against the academic standards approved by the state board of education;
4. (4) The establishment of contracts that guarantee the availability of adopted programs to all LEAs at the lowest price;
5. (5) The authority, responsibility, and duties of the commission, which include a review of the statutes and rules that govern the commission and the textbook and instructional materials review process;
6. (6) The time frame for the textbook and instructional materials review process;
7. (7) The process of appointing members to the advisory panels and expectations of the members of the panels;
8. (8) The First Amendment to the United States Constitution as it applies to the textbook and instructional materials adoption process; and
9. (9)
  1. (A) The goals of the textbook and instructional materials book review process. The commission shall not approve a textbook or instructional materials for adoption by LEAs unless the textbook or instructional materials:
    1. (i) Conform to the standards for its subject area or grade level;
    2. (ii) Are free of any clear, substantive, factual, or grammatical error; and
    3. (iii) Comply with and reflect the values expressed in § 49-6-1028(b), if the textbook or instructional materials are being considered for adoption as a textbook or instructional materials for education of students in general studies and specifically in United States history and this nation's republican form of government;
  2. (B) Nothing in this part prohibits the use of or applies to supplemental instructional materials.
(i)
1. (1) No member of the commission shall receive any gift, reward, present, or emolument from any author, publisher, or distributor of textbooks or instructional materials, except copies of textbooks and instructional materials offered for listing and adoption.
2. (2) No member or employee of the commission shall accept any employment as agent, attorney, subagent, employee, or representative of any author, publisher, or distributor of textbooks or instructional materials during the person's term of service on the commission, nor within twelve (12) months after the expiration of the person's term of office.
3. (3)
  1. (A) No author, publisher, agent, attorney, employee, or representative of any author, publisher, or distributor shall give any gift, reward, present, or emolument to any member of the commission nor make any offer of employment to a member of the commission during the member's term of service whereby the member is to become the agent, employee, attorney, or representative of the author or publisher.
  2. (B) Any contract, expressed or implied, made by any person, firm, or corporation in violation of subdivision (i)(3)(A) is declared to be illegal and void and no recovery thereon shall be had.
4. (4) A commission member who knowingly violates subdivision (i)(1) or (i)(2) may be subject to criminal prosecution pursuant to applicable criminal statutes.
1 Backlink
- 49-6-2207(d)(1)
(j) Members of the commission shall not be compensated for their services but may be reimbursed for travel expenses in accordance with the comprehensive travel regulations promulgated by the commissioner of finance and administration and approved by the attorney general and reporter.
(k)
1. (1) Before July 1, 2022, six (6) members of the commission constitute a quorum for the purpose of meeting and conducting business. Beginning on July 1, 2022, seven (7) members of the commission constitute a quorum for the purpose of meeting and conducting business.
2. (2) No action of the commission shall be valid unless authorized by the affirmative vote of a majority of the members of the commission.
3. (3) The commission shall have two (2) regular meetings each school year to be held on the dates determined and announced by the commission. Notice of each regular meeting of the commission shall be posted on the department's website within three (3) full business days of the setting of the meeting dates.
4. (4) The commission may have as many special meetings as it deems necessary; provided, that in no case shall any member or members of this commission receive traveling expenses for more than three (3) special meetings in one (1) school year.
5. (5) Public notice of the call for the special meetings shall be made by the secretary of the commission at least ten (10) business days in advance of the date set for the special meeting and shall be posted within one (1) full business day of the call.
6. (6) All meetings shall be held in the office of the commissioner of education or at such place as designated by the commission.
7. (7) Meetings of the commission shall be made available for viewing by the public over the internet by streaming video accessible from the website of the department of education. Archived videos of the commission's meetings shall also be available to the public through the department's website.
(l)
1. (1)
  1. (A) The commission may recruit and appoint an advisory panel of expert teachers and other experts in each subject area or grade level to advise the commission on textbook and instructional material selections.
  2. (B) At least one (1) teacher shall be appointed to each advisory panel. Teachers appointed to the advisory panels shall possess a license to teach with an endorsement in the subject area or grade level for which they shall review textbooks or instructional materials.
  3. (C) Experts, who are not public school teachers, may include college professors and credentialed subject matter specialists.
  4. (D) All members of advisory panels must have a specific knowledge of and expertise in the content of the subject matter contained in the textbooks or instructional materials they review.
2. (2) The department of education shall assist the commission by providing mandatory training to members of advisory panels on the review process and the completion of their assigned tasks. The mandatory training shall include:
  1. (A)
    1. (i) The requirements for performing a thorough review of all textbooks or instructional materials assigned to a member for review. The review shall include an examination as to whether the textbooks or instructional materials:
      1. (a) Conform to the standards for their subject areas or grade levels;
      2. (b) Are free of any clear, substantive, factual, or grammatical errors; and
      3. (c) Comply with and reflect the values expressed in § 49-6-1028(b), if the textbook or instructional materials are being considered for adoption as a textbook or instructional materials for education of students in general studies and specifically in United States history and this nation's republican form of government; and
    2. (ii) Nothing in this part prohibits the use of or applies to supplemental instructional materials;
  2. (B) The use of any forms developed by the commission for making a review; and
  3. (C) The time frame for completing their tasks.
3. (3) The advisory panelists shall individually make their recommendations and shall not be convened except upon the call of the chair of the commission. If convened, the panelists may be reimbursed from funds available to the commission 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. (4) The names of the reviewers, their positions, employers, and the panels on which they serve shall be identified on the department's website. The reviews of the members of an advisory panel shall be posted on the department's website without any information that would identify the reviewers.
5. (5) Each textbook or any instructional materials proposed for approval shall be reviewed by multiple members of the panel.
6. (6) Before issuing a recommendation on a textbook or on instructional materials, each advisory panelist shall review the public comments on the textbook or instructional materials posted on the department's website, pursuant to § 49-6-2203(d)(4). Each advisory panelist shall consider the public comments in making the panelist's recommendation.
7. (7) The commission shall evaluate all reviews submitted by the members of the advisory panel for each textbook or any instructional materials proposed for approval. The commission shall also review the public comments posted on the department's website, pursuant to § 49-6-2203(d)(4). If the reviews by the members of the advisory panel for a specific textbook or instructional materials do not lead to a clear recommendation as to the approval or rejection of the textbook or instructional materials or if the commission finds that the public comments indicate that further review of a textbook or any instructional materials is called for, then the commission shall conduct a public hearing as to whether the textbook or instructional materials should be approved. Notice of the public hearing shall be prominently posted on the home page of the department's website at least thirty (30) days prior to the meeting of the commission at which the textbook or instructional materials are to be considered.
8. (8) The commission is authorized to promulgate rules and regulations for the recruitment and appointment of members to the advisory panels and the process by which the members review their assigned texts.
(m)
1. (1) Notwithstanding any law to the contrary, the commission shall:
  1. (A) Issue guidance for LEAs and public charter schools to use when reviewing materials in a library collection to ensure that the materials are appropriate for the age and maturity levels of the students who may access the materials, and that the materials are suitable for, and consistent with, the educational mission of the school. The guidance must be issued to LEAs and public charter schools no later than December 1, 2022, and annually reviewed and updated by the commission by each December 1 thereafter;
  2. (B) Assist LEAs and public charter schools in:
    1. (i) Evaluating the appropriateness of materials in a library collection for which the LEA or public charter school has received feedback from a student, a student's parent or guardian, or a school employee challenging or questioning the appropriateness of materials under review by the LEA or public charter school; and
    2. (ii) Responding to feedback, complaints, or appeals challenging the appropriateness of materials contained in the library collection of one (1) or more of the LEA's schools, or of the public charter school, filed with the LEA or public charter school as part of a review or appeals process established by the policies of the respective LEA or public charter school, if applicable; and
  3. (C) Establish a timeline and process for a student, a student's parent or guardian, or a school employee to appeal a determination made by the student's or employee's local board of education or public charter school governing body that materials in the student's or employee's school's library collection are inappropriate for the age or maturity levels of the students who may access the materials, or that the materials are not suitable for, or are otherwise inconsistent with, the educational mission of the school, resulting in the materials' removal from the school's library collection. The commission:
    1. (i) May limit the number of times the removal of a particular material may be appealed to the commission; the number of appeals that may be filed with the commission by an individual within a certain period of time; and the number of materials removed by a local board of education or public charter school governing body that an individual may appeal to the commission at one (1) time; and
    2. (ii) Shall issue the commission's findings on appeal in writing to each LEA and public charter school. Each LEA and public charter school shall include, or remove, the challenged material in, or from, the library collection for each of the LEA's schools, or for the public charter school, as applicable, for the grade levels for which the commission has found the challenged material to be appropriate or inappropriate for students.
2. (2) As used in this subsection (m), “materials” and “library collection” have the same meaning as defined in § 49-6-3802.

4 Backlinks

§ 49-6-2202. List of approved textbooks and instructional materials.

(a) It is the duty of the commission to prepare a list of standard editions of textbooks and instructional materials that cover a complete program of study for approval by the state board of education for use in the public schools of the state. The commission shall prepare a list of at least four (4) books or sets of instructional materials in each subject and grade for which textbooks or instructional materials are to be adopted, if four (4) or more textbooks or sets of instructional materials in that subject or grade are available and of sufficient merit to warrant being listed. The list shall be published in accordance with the rules, regulations, policies and procedures of the state publications committee. The proposed textbook and instructional materials list shall also be posted on the website of the department of education.
1 Backlink
- 49-6-2203(g)
(b)
1. (1) The commission has the authority to recommend to the state board of education which textbooks and instructional materials may be added to the list for adoption.
2. (2) The commission shall only recommend textbooks and instructional materials that comply with and reflect the values expressed in § 49-6-1028(b), if the textbook or instructional materials are being considered for adoption as a textbook or instructional materials for education of students in general studies and specifically in United States history and this nation's republican form of government.
3. (3) Except as provided in § 49-6-2206(b), this part does not prohibit the use of, or apply to, supplemental instructional materials.
4. (4) In recommending textbooks and instructional materials for use in social studies, Tennessee history, American history or any related subject, the commission shall strive to recommend textbooks and instructional materials that accurately and comprehensively portray the full range of diversity and achievement of racial and ethnic minorities as well as the role and importance of religion in history.
5. (5) The commission shall not publish a list of, or recommend that the state board of education approve for use in the public schools of this state, textbooks or instructional materials created to align exclusively with the Common Core State Standards or that are marketed as Common Core textbooks or materials. The state board shall not approve for use in the public schools of this state textbooks or instructional materials created to align exclusively with the Common Core State Standards or that are marketed as Common Core textbooks or materials.
(c) A publisher submitting a textbook or instructional materials for possible approval shall execute an agreement:
1. (1) Ensuring the book's or the materials' accuracy;
2. (2) Certifying that the textbook or the instructional materials have been thoroughly examined and reviewed by qualified content experts for factual accuracy. The publisher shall also list the professional credentials for at least three (3) content review experts who have thoroughly examined the textbook or instructional materials for content accuracy;
3. (3) Certifying that the textbook or instructional materials have been thoroughly examined and reviewed by qualified editors for typographical errors and errors in grammar, written expression, spelling, formatting and other substantive elements that may affect student learning; and
4. (4) Agreeing to correct all factual and editing errors found in a textbook or instructional materials, at the publisher's expense. The publisher shall submit a corrective action plan to the department, for review and approval by the state board, within thirty (30) days of the department's notification of the existence of errors in the textbook or instructional materials.
(d) The commission shall not proceed with undue haste to accomplish the work of the commission, but, with the assistance of the state board and the department, shall establish appropriate deadlines for the review of textbooks and instructional materials by advisory panels and for its own review of textbooks and instructional materials. Upon the appropriate approval of the state board, the commission shall publish the list of textbooks and instructional materials that may be adopted by local boards of education for use in the schools of this state. The list shall contain the title of the textbooks and instructional materials listed for adoption, the names of the publishers and the prices at which the books and materials are available, as provided for in this chapter.
(e) As used in this part or elsewhere in this title, “textbook” or “textbooks” includes “electronic textbook” or “electronic textbooks,” which means computer software, interactive videodisc, magnetic media, CD-ROM, computer courseware, local and remote computer assisted instruction, online service, electronic medium or other means of conveying information to the student or otherwise contributing to the learning process through electronic means. Electronic textbooks may be recommended, adopted and purchased in the same fashion as provided for textbooks in this part.
1 Backlink
- 49-6-2207(f)
(f) The department shall develop a proposed rubric to assist the commission in reviewing and scoring textbooks and instructional materials proposed for adoption. The department shall submit the proposed rubric to the commission for approval. If the commission does not approve the department's proposed rubric, then the commission may request that the department revise the proposed rubric and resubmit the rubric for approval, or the commission may develop or adopt an alternative rubric.
(g) The department of education, including the commissioner of education, or a deputy or assistant commissioner of education, serving as the secretary of the commission, may, at the direction of the commission, assist the commission in the performance of the commission's duties by providing recommendations to the commission, but shall not, when assisting the commission in the performance of the commission's duties or when training newly appointed members of the commission or members of advisory panels, attempt to improperly influence or interfere with:
1. (1) The commission's review or recommendation of textbooks and instructional materials proposed for adoption;
2. (2) The commission's review, approval, adoption, or utilization of a rubric to assist the commission in reviewing and scoring textbooks and instructional materials proposed for adoption;
3. (3) The selection of experts appointed by the commission to serve on an advisory panel to advise the commission on textbooks and instructional materials proposed for adoption; or
4. (4) An advisory panel's review or recommendation of textbooks and instructional materials proposed for adoption.

1 Backlink

49-1-905(b)(1)

§ 49-6-2203. Contracts with publishers.

(a) The commission may promulgate rules establishing minimum manufacturing standards and specifications for textbooks and instructional materials and establishing the conditions under which the commission contracts with publishers. The commission may make contracts with the publishers for a period of no more than ninety-seven (97) months. The commission may extend any existing contracts entered after April 27, 1984, for up to two (2) additional years if the commission notifies the affected publishers at least six (6) months prior to the beginning of the extension period. With the advice and consent of the state board of education, in order to implement the board's standards and courses of study, the commission may prescribe minimum content and reading level of textbooks and instructional materials.
(b) No less than thirty (30) days prior to the deadline for receipt of bids, the commission shall give notice to school book publishers when bids must be received on all books to be listed, the contracts of which expire or are to be terminated on June 30 of the succeeding year and when it will meet to consider the bids received. The commission shall meet on the day designated to consider the bids received, shall read them publicly and shall then proceed to select books for the approved lists on which bids have been requested. The commission shall promulgate rules and regulations governing bids and any additional information that will be required to be submitted with the bids.
(c) All bids shall be made on uniform blanks, which are to be supplied by the commission and shall be filed with the secretary of the commission on or before ten o'clock a.m. (10:00 a.m.) on the day designated for the call of bids. Each bid shall be accompanied by a certified check of not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000), the amount of the check to be determined at the rate of one thousand dollars ($1,000) for each book bid, but in no event to exceed ten thousand dollars ($10,000) for any one (1) bidder. The checks shall be payable to the state treasurer and shall be forfeited to the state if the bidder, whose bid or part of the bid is accepted, fails, within thirty (30) days after the award, to execute the contract and bond, as provided in this part. The checks of unsuccessful bidders shall be returned immediately after the listing. The checks of successful bidders shall be returned upon proper execution of the contract and bond. An acceptable performance bond may be filed with the commission in lieu of a certified check.
(d)
1. (1) Copies of all textbooks and instructional materials bid shall be filed with the secretary of the commission on or before a date specified by the commission, but no later than the date of the start of the review by the advisory panels. A publisher shall not submit draft copies of textbooks, instructional materials or other ancillary materials. All textbooks, instructional materials and accompanying manuals, workbooks and other ancillary materials shall be submitted in finished form no later than the start of the review period. If a complete copy of any textbooks, instructional materials or any of their ancillary materials is not filed prior to the date specified by the commission, then the textbook or instructional materials shall not be considered for adoption. The textbooks and instructional materials shall be accompanied by a list stating the edition, title and author of each textbook or any instructional materials offered.
2. (2) No textbook or instructional materials shall be listed for adoption unless they have been filed as provided in subdivision (d)(1). Textbooks and instructional materials listed for adoption shall be retained by the commissioner for the period of the adoption.
3. (3)
  1. (A) In addition to the finished textbooks and instructional materials required to be filed with the secretary of the commission, publishers shall make all textbooks and instructional materials proposed for adoption available for inspection by LEAs and the public online, which may include access via the state textbook depository's website. The online inspection must allow inspection of both the textbook or instructional materials and all accompanying manuals, workbooks, and other ancillary materials. The content, including pictures and graphs, of the textbooks, instructional materials, and supplementary materials that are made available for online inspection must be in finished form and must be the same as what would be distributed to public schools.
  2. (B) The commission shall require that a publisher in its bid document agree to provide complete online copies of the textbooks or instructional materials bid during the review process by the advisory panels for a period of no less than ninety (90) days. Textbooks and instructional materials approved by the state board of education for local adoption must remain accessible to the public pursuant to subdivision (d)(3)(C).
  3. (C)
    1. (i) A publisher that submits textbooks or instructional materials for adoption shall provide the department of education with a link to the textbooks or instructional materials that the public and advisory panel members can use to access the textbooks or instructional materials. The department shall post the links provided by publishers pursuant to this subdivision (d)(3)(C)(i) on the department's website.
    2. (ii) A publisher of textbooks or instructional materials approved by the state board for local adoption shall provide each LEA with a link to the textbooks or instructional materials that the public can use to access the textbooks or instructional materials. Each LEA shall:
      1. (a) Post, on the LEA's website, the links provided by publishers pursuant to this subdivision (d)(3)(C)(ii) for textbooks or instructional materials adopted by the LEA; or
      2. (b) Identify, on the LEA's website, the name and publisher of textbooks or instructional materials adopted by the LEA and provide a link to the state textbook depository's website where the textbooks or instructional materials may be accessed.
    3. (iii) The links provided pursuant to this subdivision (d)(3)(C) must remain active for all textbooks and instructional materials approved by the state board for so long as the textbooks and instructional materials are approved for local adoption or adopted by the LEA, respectively.
  4. (D)
    1. (i) A publisher of textbooks or instructional materials for which a waiver is granted to an LEA pursuant to § 49-6-2206, shall provide the respective LEA with a link to the textbooks or instructional materials that the public can use to access the textbooks or instructional materials.
    2. (ii) Each LEA shall:
      1. (a) Post, on the LEA's website, the link provided by the publisher pursuant to subdivision (d)(3)(D)(i); or
      2. (b) Identify, on the LEA's website, the name and publisher of the textbooks or instructional materials for which the LEA received a waiver pursuant to § 49-6-2206, and provide:
        
        (1) A link to the state textbook depository's website where the textbooks or instructional materials may be accessed by the public; or
        
        (2) Instructions for how the public may access the textbooks or instructional materials at the central office of the LEA's local board of education.
    3. (iii) The links provided pursuant to this subdivision (d)(3)(D) must remain active for all textbooks or instructional materials for so long as the textbooks or instructional materials are adopted.
4. (4) The department shall develop a procedure by which members of the public may comment on the books proposed for adoption. Comments shall be accepted by regular mail, email or in another electronic format as determined by the department. Public comments received by the department shall be posted on the department's website; provided, that any comment posted shall pertain only to the review of a textbook or any instructional materials being proposed for adoption. The department shall distribute the public comments on a textbook or any instructional materials to the advisory panelists prior to the making of their recommendations on the textbook or instructional materials and to the commission before its approval of the textbook or instructional materials for inclusion on the textbook list.
  2 Backlinks
  - 49-6-2201(l)(6)
  - 49-6-2201(l)(7)
(e) In all future contracts entered into on behalf of the state with publishers and distributors of approved elementary and high school textbooks and instructional materials, provision shall be made, at the discretion of the governor or the adopting authority, for the establishment, maintenance and operation of at least one (1) depot or distributing agency in each of the three (3) grand divisions, which shall be located as near the center of each grand division as is practical.
(f) It shall be a part of the terms and conditions of every contract made under this part that the state shall not be liable to any contractor or the contractor's agent in any manner or for any sum whatever. The contractors and agents shall receive their pay and compensation solely and exclusively from the proceeds of the sale of books under their contract.
(g) In the adoption of textbooks and instructional materials by boards of education as provided in this part, the committees appointed by these respective boards of education shall first determine, from the published list of textbooks and instructional materials provided for in § 49-6-2202(a), what book or books shall be changed and request samples of the various publishers for books only that are to be changed, the samples to remain property of the respective publishers, who shall have the right to claim the books within thirty (30) days after any adoption. Books not claimed within thirty (30) days by the publishers shall become the property of the respective boards of education and shall be used for library purposes only.
(h) Contracts for the books listed shall be executed in duplicate by the commissioner as secretary of the commission, on forms prepared and approved by the attorney general and reporter. One (1) copy of the contract shall be retained by the publisher and one (1) copy shall be kept on file in the office of the secretary of the commission. Each contract shall state that the prices contained in the contract do not exceed prices offered currently elsewhere.
(i) The commission may require the publisher to print or affix in each book the retail price of the book as fixed by the commission.
(j) The contractor shall file with the contract a good and sufficient bond with a surety company authorized to do business in this state in the sum to be determined by the commission but no less than two thousand dollars ($2,000) nor more than ten thousand dollars ($10,000) and conditioned upon the faithful performance of all conditions of the contract and this part.

1 Backlink

49-6-2211

§ 49-6-2204. Distribution of contracted textbooks and instructional materials.

The commission has full authority to make regulations governing distribution of all textbooks and instructional materials under contract.

§ 49-6-2205. Emergency rules for adoption of textbooks and instructional materials.

In the event that any bidder fails to execute the contract and bond as required under this part, in the event any contractor fails to carry out the contract, in the event all bids are unsatisfactory or in the event of the invalidation of any adoption, the state textbook and instructional materials quality commission is specifically authorized to proceed at once to make such rules and regulations concerning the filing of bids and samples as are necessary for an immediate listing for adoption in the subjects for which no adoption exists. The commission shall then proceed to make recommendations of books for adoption to the state board of education, after which the state board shall select and list certain books for adoption. Upon completion of the procedures in this section, the commission shall contract for textbooks and instructional materials in the subjects on which no adoption exists.

§ 49-6-2206. Use of unapproved books and instructional materials — Use of Common Core textbooks or materials prohibited — Alignment of textbooks and instructional materials to academic standards.

(a) An LEA shall not use or permit to be used in any school any textbooks and instructional materials upon any subject to the exclusion of the textbooks and instructional materials listed by the commission and approved by the state board of education; provided, that this prohibition does not apply to textbooks and instructional materials previously listed and purchased with public funds. Upon application of the local board of education, the state board of education may waive this restriction when, in the state board's judgment, the unique or unusual needs of the LEA require it. In making waiver determinations, the state board of education must receive assistance from the department of education. The state board shall outline in its rules specific timeframes when waiver applications may be submitted by a local board of education; provided, that the state board shall allow applications to be submitted outside of the established timeframes in emergency circumstances, as defined by the state board in its rules. A public charter school may request a waiver for the use of textbooks and instructional materials in accordance with § 49-13-111.
(b)
1. (1) If the commissioner of education finds that an LEA knowingly violated this section, then the commissioner shall withhold state funds, in an amount determined by the commissioner, from the LEA until the LEA is in compliance.
2. (2)
  1. (A) A teacher or principal in a public school of this state shall not use or permit to be used in the person's school, whether as a supplement to the LEA's or school's adopted textbooks and instructional materials or otherwise, textbooks or instructional materials created to align exclusively with the Common Core State Standards or that are marketed as Common Core textbooks or materials.
  2. (B) The commissioner of education shall withhold a portion of the state education finance funds that an LEA is otherwise eligible to receive if a teacher or principal employed by the LEA intentionally violates subdivision (b)(2)(A) by purposefully using, or permitting to be used, in the person's school, textbooks or instructional materials created to align exclusively with the Common Core State Standards or that are marketed as Common Core textbooks or materials.
1 Backlink
- 49-6-2202(b)(3)
(c) Notwithstanding subsection (a), all English language arts textbooks and instructional materials must be aligned to Tennessee's academic standards no later than January 1, 2023.
(d) Notwithstanding subsection (a):
1. (1) All textbooks and instructional materials must be aligned to Tennessee's academic standards no later than:
  1. (A) July 1, 2023, for math;
  2. (B) July 1, 2024, for science; and
  3. (C) July 1, 2025, for social studies; and
2. (2) The state board shall not grant a waiver for English language arts, math, science, or social studies textbooks or instructional materials that are not aligned to Tennessee's academic standards beginning on:
  1. (A) January 1, 2023, for English language arts;
  2. (B) July 1, 2023, for math;
  3. (C) July 1, 2024, for science; and
  4. (D) July 1, 2025, for social studies.
(e) The state board is authorized to promulgate rules, including emergency rules, to effectuate this section. The rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

4 Backlinks

§ 49-6-2207. Adoption of textbooks and instructional materials by local board.

(a)
1. (1) The local boards of education are authorized and required to adopt textbooks and instructional materials to be used in the public schools of their school districts, from the list of textbooks and instructional materials listed for adoption by the commission, the adoption to be for a period of no less than three (3) years, but not exceeding the period agreed to in the state contract approved by the commission. The commission is authorized to develop guidelines under which this restriction may be waived.
2. (2) Boards are encouraged to adopt and make available for use by every student at least one (1) textbook or instructional materials in each subject at grade reading level in every grade.
(b) Cities or special school districts may adopt the same textbooks and instructional materials that are used in the county in which the city or district is located.
(c)
1. (1) Local boards of education shall appoint review committees to review the textbooks and instructional materials proposed for adoption and shall make their adoption upon recommendations of such committees. These committees shall be set up by grade and subject matter fields and composed of teachers, or supervisors and teachers, and parents with children enrolled in the LEA at the time of appointment to a committee. The local board may also appoint experts in the grade level or subject matter field for which textbooks and instructional materials are to be reviewed. Experts may be college professors or credentialed subject matter specialists. The board shall determine the number of members of the committee based upon the relative size of the LEA.
2. (2) Teachers and supervisors who serve on a committee shall be teaching or supervising the respective grade or subject at the time of appointment. Committees shall be composed by grade or groups of grades arranged so that a committee may consider an entire series of books if it should so desire; provided, that in all cases, the teachers and supervisors appointed to the committees shall be licensed to teach in the state with endorsements in the subject matter or grade level for which textbooks or instructional materials are being reviewed. Teachers and supervisors shall have three (3) or more years of experience as teachers or supervisors in the public schools.
3. (3) The members of the committee authorized in this section shall serve for the length of time that the adoption process for which they are appointed lasts.
(d)
1. (1) All members appointed on the committees shall subscribe to the oath as set out in § 49-6-2201(i).
2. (2) The oath shall be administered by the county mayor or by some authorized official empowered to administer an oath.
(e) The director of schools in the LEA adopting textbooks or instructional materials under this part shall serve as an ex officio member of all committees appointed under subsection (c). The director of schools shall record a list of all textbooks or instructional materials adopted by the local board of education. Immediately, at the completion of the adoption process, the director shall forward a copy of the recorded adoption to the commissioner of education and shall post on the LEA's website the list of all books adopted.
(f) As provided in § 49-6-2202(e), a local board may furnish electronic textbooks and instructional materials to pupils attending the public schools; provided, that the electronic textbooks and instructional materials are furnished free of charge. A board that chooses to furnish electronic textbooks and instructional materials to pupils attending school in the district shall provide reasonable access to the electronic textbooks and instructional materials and other necessary computer equipment to pupils in the district who are required to complete homework assignments and to teachers providing homework assignments utilizing electronic textbooks and instructional materials furnished by the board.

§ 49-6-2208. Disposal of surplus textbooks and instructional materials.

(a) When textbooks and instructional materials are replaced or otherwise become unusable, they may be declared surplus property by the local board or director of schools, and may be disposed of by any of the methods provided by § 12-2-403(a)(1)-(4) or by other methods approved by the local board of education.
(b) The proceeds from disposals shall be utilized to supplement textbook and instructional materials purchasing funds.

§ 49-6-2209. Existing contracts preserved.

Nothing in this part shall be construed as cancelling or in any manner modifying any existing contract with a publisher, or changing the period covered by such contract.

§ 49-6-2210. Student access to textbooks.

Every student shall be permitted to take any textbook or instructional materials specifically issued to the student home for the purpose of studying the textbook or instructional materials. Nothing in this section shall be construed to prevent a school or teacher from requiring a student to return the textbook or instructional materials to the classroom during school hours.

§ 49-6-2211. Commission independent of department of education — Limitation on department's role in textbook adoption process.

The commission shall maintain independence from the department of education. The department's role in the textbook adoption process is strictly limited. The department shall not perform any duties as part of the textbook adoption process other than the duties specifically assigned to the department in §§ 49-6-2201 — 49-6-2203.

Part 23 Tennessee School Nutrition Standards Act

§ 49-6-2301. Short title.

This part shall be known and may be cited as the “Tennessee School Nutrition Standards Act.”

§ 49-6-2302. Establishment of nutritional breakfast and lunch programs.

(a) Unless a waiver is granted pursuant to § 49-6-2303(10), and only to the extent federal funds are available for free or reduced price meals:
1. (1) Each school board shall establish a school lunch program in every school under its jurisdiction in accordance with rules and regulations established under § 49-6-2303; and
2. (2) Each school board shall establish a school breakfast program in the following schools based on the cumulative analysis of school lunch participation for the month of April of the preceding school year:
  1. (A) Every school that contains kindergarten through grade eight (K-8) in which twenty-five percent (25%) or more of the students participated in the school lunch program at a free or reduced price; and
  2. (B) In every school that does not contain a kindergarten through grade eight (K-8) in which forty percent (40%) or more of the students participated in the school lunch program at a free or reduced price.
  2 Backlinks
  - 49-6-2303(10)(B)
  - 49-6-2303(10)
(b) Each LEA operating a school breakfast program pursuant to this part shall be reimbursed by the state for any additional expenses to that agency that are incurred as a result of implementation of this part.
(c) The school breakfast program shall automatically terminate if federal funding for such program ceases.

§ 49-6-2303. Rules.

The commissioner of education shall recommend and the state board of education shall adopt rules that:
1. (1) Establish minimum nutrition requirements for school breakfast and school lunch programs;
2. (2) Establish standards of income eligibility for free or reduced price meals for disadvantaged children;
3. (3) Prescribe uniform methods for determining eligibility for free or reduced price meals;
4. (4) Require that each school board establish a method to regularly notify students and parents of the availability of free or reduced price meals and to encourage participation in the breakfast program;
5. (5) Establish a uniform reporting system for the collection and compilation of data on the administration of this part, including a report on each individual school, regardless of its participation;
6. (6) Require each local school board to submit to the commissioner a plan for compliance with this part sixty (60) days prior to the beginning of the school year. For each subsequent school year, require each local school board to submit modifications to the plan sixty (60) days prior to the beginning of the school year. The plan for compliance shall:
  1. (A) Require that availability of local agriculture products, freshness and transportation cost be considered;
  2. (B) Allow flexible bidding processes to assist farmers to bid competitively on portions of a given nutrition plan, rather than an entire nutrition plan; and
  3. (C) Require that all food provided for public school use meet or exceed food safety standards for commercial food operations;
7. (7) Require each local school board to certify to the commissioner compliance with the plan as submitted or modified within thirty (30) days after the beginning of the school year;
  1 Backlink
  - 49-6-2304(a)
8. (8) Provide that compliance with the standards and requirements of the federal National School Lunch Act (42 U.S.C. §§ 1751-1769), and the federal Child Nutrition Act of 1966 (42 U.S.C. §§ 1771-1789), shall be deemed compliance with these requirements;
9. (9) Permit, in accordance with federal requirements, reimbursement for supervision of students participating in a meals program required by this part;
10. (10) Allow the local school board to waive the requirements of § 49-6-2302(a)(2), for any individual school for each year that the board determines at a public meeting of the board, with notice and right to be heard, to any person who has, in writing, requested to be notified of the consideration of such waivers:
  1. (A) That the implementation of a school breakfast program would cause an unavoidable and unreasonable disruption of schedule that would substantially impair the ability of the school to maintain a proper educational program;
  2. (B) The cumulative annualized participation in the school breakfast program is less than fifty (50) students and the school has complied with § 49-6-2302(a)(2); or
  3. (C) That the implementation of the program would cause the expenditure of state or local education funds for which reimbursement under the federal Child Nutrition Act of 1966 is unavailable or inadequate;
  1 Backlink
  - 49-6-2302(a)
11. (11) Not permit the limitation of the full six and one-half (6½) hours instructional school time required by statute; and
12. (12) Provide that the established work day of licensed personnel shall not, without compensation, be lengthened as a result of this part and that the principal not be in charge of the lunch program in any county where a system-wide school food service manager is available, unless the local board of education specifically provides for a principal to be in charge of the lunch program.

2 Backlinks

§ 49-6-2304. Review of compliance with laws and regulations.

(a) Within thirty (30) days prior to the beginning of the school year, the commissioner shall review each plan and subsequent modifications submitted under § 49-6-2303(7) and determine whether the plan complies with this part.
(b) The commissioner shall investigate and promptly act upon any allegation of noncompliance within this part or the rules and regulations established under this part.

§ 49-6-2305. Reserve fund.

(a) Each LEA that operates a child nutrition program may maintain a three-month reserve fund for operating expenses. The revenue for the reserve fund shall come from the unexpended balance of the program.
(b) The LEA shall project the reserve fund for the child nutrition program at its annual budgetary planning meeting. LEAs can recover indirect costs only from the reserve fund that exceeds three (3) months' operating expenses.

§ 49-6-2306. Minimum nutritional standards for individual food items.

(a) The state board of education, in consultation and cooperation with the department of education and the department of health, shall promulgate rules to establish minimum nutritional standards for individual food items sold or offered for sale to pupils in pre-kindergarten through grade eight (pre-K-8) through vending machines or other sources, including school nutrition programs.
(b) The rules shall address, but shall not be limited to, the following:
1. (1) The establishment of minimum nutritional standards and nutritionally sound portion sizes for individual food items sold or offered for sale to pupils in pre-kindergarten through grade eight (pre-K-8) and standards governing the time, place and circumstances of any such sale or offer to sell; and
2. (2) A requirement that a noncompliant vendor, individual or entity shall reimburse a school nutrition program for any penalties assessed against the school nutrition program for any violation of the rules committed by the noncompliant vendor, individual or entity.
(c) Nothing in this section, or any rule promulgated pursuant to this section, shall be construed to prohibit a school nutrition program from selling or serving federally reimbursable meals to pupils in pre-kindergarten through grade eight (pre-K-8).
(d) Nothing in this section, or any rule promulgated under § 49-6-2303, shall be construed to prevent an LEA or a school from utilizing a request for proposals for any proposed contract for vending machines or vending services, pursuant to school board policy.

1 Backlink

49-6-2109(d)

Part 24 Tennessee Community Schools Act

§ 49-6-2401. Short title.

This part shall be known and may be cited as the “Tennessee Community Schools Act.”

2 Backlinks

§ 49-6-2402. Legislative findings.

The general assembly finds and declares that:
1. (1) All children are capable of success;
2. (2) Schools are the centers of vibrant communities;
3. (3) Strong families build strong educational communities;
4. (4) Children succeed when adults work together to foster positive educational outcomes;
5. (5) Schools work best when families take active roles in the education of children;
6. (6) Schools today are limited in their ability to dedicate time and resources to provide a wide range of educational opportunities to students because of the focus on standardized test outcomes;
7. (7) By providing learning opportunities outside of normal school hours, including programs on life skills and health, students are more successful academically, more engaged in their communities, safer, and better prepared to make a successful transition from school to adulthood;
8. (8) A community school is a traditional school that actively partners with its community to leverage existing resources and identify new resources to support the transformation of the school to provide enrichment and additional life skill opportunities for students, parents, and community members at large. Each community school is unique because its programming is designed by and for the school staff, in partnership with parents, community stakeholders, and students;
9. (9) Successful community schools currently exist in this state. Such schools should be models for replication;
10. (10) Research shows that community schools have a powerful positive impact on students, as demonstrated by increased academic success, a positive change in attitudes toward school and learning, and decreased behavioral problems;
11. (11) After-school and evening programs offered by community schools provide academic enrichment consistent with state standards and general school curriculum; an opportunity for physical fitness activities for students, fine arts programs, structured learning “play” time, and other recreational opportunities; a safe haven for children and teens; and work supports for working families; and
12. (12) Community schools are cost-effective because they leverage existing resources provided by local, state, federal, and private sources and bring programs to the schools, where the students are already congregated.

§ 49-6-2403. Part definitions.

As used in this part:
1. (1) “Community consortium” means a partnership established between an LEA and one (1) or more community partners for purposes of establishing, operating, and sustaining a community school;
2. (2) “Community partner” means a provider of one (1) or more community services or a community organization or for-profit or nonprofit entity with a desire to improve conditions in the community;
3. (3) “Community school” means a public and private partnership to coordinate educational, developmental, family, health, and before-school and after-school-care programs during school and nonschool hours for students, families, and local communities at a public school with the objectives of improving academic achievement, reducing absenteeism, building stronger relationships between schools, students, parents, and communities, and improving the skills, capacity, and well-being of the surrounding community residents; and
4. (4) “Community services” include:
  1. (A) Primary medical and dental care that is available to students and community residents;
  2. (B) Mental health prevention and treatment services that are available to students and community residents;
  3. (C) Academic-enrichment activities designed to promote a student's cognitive development and provide opportunities to practice and apply academic skills;
  4. (D) Programs designed to increase school attendance, including reducing early chronic absenteeism rates;
  5. (E) Youth development programs designed to promote young people's social, emotional, physical, and moral development, including arts, sports, physical fitness, youth leadership, community service, and service-learning opportunities;
  6. (F) Early childhood education, including the voluntary pre-K, Head Start and Early Head Start programs;
  7. (G) Programs designed to:
    1. (i) Facilitate parental involvement in, and engagement with, their children's education, including parental activities that involve supporting, monitoring, and advocating for their children's education;
    2. (ii) Promote parental leadership in the life of the school; and
    3. (iii) Build parenting skills;
  8. (H) School-age child-care services, including before-school and after-school services and full-day programming that operates during school holidays, summers, vacations, and weekends;
  9. (I) Programs that provide assistance to students who have been truant, suspended, or expelled and that offer multiple pathways to high school graduation or obtainment of a high school equivalency credential approved by the state board of education;
  10. (J) Youth and adult job-training services and career-counseling services;
  11. (K) Nutrition-education services;
  12. (L) Adult education, including instruction in English as a second language, adult literacy, computer literacy, financial literacy, and hard-skills training; and
  13. (M) Programs that provide remedial education and enrichment activities.

§ 49-6-2404. Authority to form community consortiums to establish community schools — Centers of communities — Designation of individual to lead implementation of programming — Eligibility for community school grant.

(a) LEAs and schools are authorized and encouraged to form community consortiums with a variety of community partners to establish a community school or schools with an integrated focus on academics, health and social services, youth and community development and community engagement that will lead to improved student learning, stronger families and healthier communities.
(b) The community schools, formed pursuant to subsection (a), shall strive to become centers of their communities providing programs and services for persons of all ages. They shall be open to everyone throughout each day, including in the evenings, on weekends and in the summer.
(c) A community school must designate an individual to lead and coordinate the planning and implementation of programming for the school.
1 Backlink
- 49-6-2405(d)(1)
(d) A community school is not eligible for any community school grant available under this part unless the school has developed a plan that provides for:
1. (1) Integrated student supports;
2. (2) Expanded and enriched learning time and opportunities;
3. (3) Active family and community engagement; and
4. (4) Collaborative leadership and practices.

§ 49-6-2405. Board and department to support and encourage LEAs in creation of community schools — Funding — Qualifications for community school grant — Duties of grant recipients.

(a) The state board of education and the department shall support and encourage LEAs in the creation of community schools. All policies, guidelines, and rules and regulations adopted by the state board pursuant to this part shall actively foster the formation, development and operation of community schools. Such policies, guidelines, or rules and regulations shall permit teachers to receive in-service credit for teaching classes for parents, such as parenting classes, at the community school outside of normal school hours.
(b)
1. (1) The department shall strongly encourage LEAs and schools to combine multiple funding sources to create community schools and to support the schools. Federal funds that may be used for such purposes include, but are not limited to, grants provided under Titles I and IV of the Every Student Succeeds Act (Pub. L. No. 114-95).
2. (2) The department is encouraged to provide LEAs and schools with technical assistance, directly or through a resource and referral directory established and maintained by the department, to locate other available funding sources to create community schools and to support the schools, such as competitive grants, foundation awards, and private donations.
(c)
1. (1) Subject to the availability of funding from private sources for creation and support of community schools, the department shall make community school grants available to fund community schools and to enhance programs at community schools. If funding is available for community school grants, then a request-for-proposal process shall be used in awarding the grants. Proposals may be submitted on behalf of a school, an LEA, or a consortium of two (2) or more schools or LEAs. Proposals shall be evaluated and scored on the basis of criteria consistent with this part and other factors developed and adopted by the state board.
2. (2) No funds shall be appropriated for the 2014-2015 fiscal year for the creation and support of community schools. However, nothing in this part shall prohibit the general assembly from appropriating funds in fiscal years subsequent to the 2014-2015 fiscal year for creation and support of community schools.
(d) In order to qualify for a community school grant under this section, a community school must:
1. (1) Meet the requirements of § 49-6-2404(c) and (d);
2. (2) Have, at a minimum, the following components:
  1. (A) Before and after school programming each school day to meet the identified needs of students;
  2. (B) Weekend programming;
  3. (C) Four (4) weeks of summer programming, which may be conducted during consecutive or nonconsecutive weeks;
  4. (D) A local advisory group composed of school leadership, parents, and community stakeholders that establishes school-specific programming goals, assesses program needs, and oversees the process of implementing expanded programming;
  5. (E) A program director or resource coordinator who is responsible for establishing the local advisory group, assessing the needs of students and community members, identifying programs to meet those needs, developing the before and after school, weekend, and summer programming, and overseeing the implementation of programming to ensure high-quality, robust participation;
  6. (F) Programming that includes academic excellence aligned with the curriculum, life skills, healthy minds and bodies, parental support and community engagement, and that promotes staying in school, nonviolent behavior, and nonviolent conflict resolution;
  7. (G) Maintenance of attendance records in all programming components;
  8. (H) Maintenance of measurable data showing annual participation and the impact of programming on the participating children and adults;
  9. (I) Documentation of true collaboration between the school and community stakeholders, including local governmental units, civic organizations, families, businesses, and social service providers; and
  10. (J) A nondiscrimination policy ensuring that the community school does not condition participation upon race, ethnic origin, religion, sex, or disability; and
3. (3)
  1. (A) Conduct a baseline analysis of the school, the contents of which must be developed by the department of education in consultation with the LEA and any community partner providing community school programming; and
  2. (B) Transmit the data collected from the analysis conducted under subdivision (3)(A) to the department at intervals determined by the department in order to measure the effectiveness of the community school programming implemented at the school.
1 Backlink
- 49-6-2409(b)
(e) Each grant recipient under subsection (c) shall:
1. (1) Conduct periodic evaluations of the progress achieved with funds allocated under a grant, consistent with the purposes of this part;
2. (2) Use the evaluations to refine and improve activities conducted with the grant and the performance measures for the activities;
3. (3) Make the results of the evaluations publicly available, including providing public notice of the availability; and
4. (4) Identify best practices and lessons learned for the purpose of helping other LEAs and schools in the formation of community schools and to revise the community school policies of the state board and the department.

§ 49-6-2406. Study and report.

The office of research and education accountability (OREA) in the office of the comptroller of the treasury shall study and report on the formation and operation of community schools. OREA shall specifically identify best practices that can be replicated by other LEAs and schools desiring to form community schools. OREA shall examine whether community schools have improved student learning, family engagement with the schools and the communities, school effectiveness in decreasing the dropout rate and increasing the graduation rate, and physical and mental health of the students and other members of the community. OREA shall examine whether community schools have met their educational and community goals. OREA shall file its report containing its findings and conclusions and any recommendations concerning community schools with the education committee of the senate and the education administration and planning committee of the house of representatives by November 1, 2018.

2 Backlinks

§ 49-6-2407. Community of schools — Formation of community consortiums — Services for persons of all ages — Rights, privileges, and obligations.

(a) Although §§ 49-6-2401 — 49-6-2406 support the formation of a community school, schools in some neighborhoods may need to join together to form, with the help of community partners, a community of schools, instead of a community school. The state board of education and the department shall support and encourage LEAs in the creation of communities of schools that can provide a continuum of services for students and their parents from pre-kindergarten to grade twelve (pre-K-12) and even through postsecondary education.
(b) LEAs and schools are authorized and encouraged to form community consortiums with a variety of community partners to establish communities of schools with an integrated focus on academics, health and social services, youth and community development, and community engagement that will lead to improved student learning, stronger families, and healthier communities.
(c) The community of schools, formed pursuant to subsection (b), shall strive, as do community schools, to become centers of their communities providing programs and services for persons of all ages. They shall be open to everyone throughout each day, including in the evenings, on weekends, and in the summer.
(d) If a community of schools is not able to locate services for all ages in one (1) of the public schools of the neighborhood, the community of schools is encouraged to locate activities, particularly those that occur outside of regular school hours in a central facility, if one is available, that provides easy access to all of the partnering schools, their students, and parents.
(e) A community of schools shall have all the rights, privileges, and obligations accorded a community school under §§ 49-6-2401 — 49-6-2406. The department may seek funds for creation of communities of schools as it does for community schools.

§ 49-6-2408. Adoption of holistic programs of positive behavior — School reports.

Community schools and communities of schools are encouraged to work with parents and community partners to adopt holistic programs of positive behavior reinforcement, such as the Ticket Program, that work with schools, parents, and the community to reinforce positive behavior at home and school and in all aspects of community life. Schools that adopt these programs are encouraged to report their successes and failures, if any, in implementing the program and the results of the program in changing student behavior and improving academic performance to the department for dissemination and possible replication in other schools throughout the state. School reports shall be accompanied by data supporting the results reported.

§ 49-6-2409. Central headquarters for neighborhoods — Establishment of internet network architecture — Provisions of literacy classes and other programs.

(a) Community schools and communities of schools are encouraged to become the central headquarters for the neighborhoods in which they exist. They are authorized to work with community partners, when possible, to establish local internet network architecture to extend service throughout their neighborhoods and to devise and implement software designed to help community integration of services and activities.
(b) In addition to the activities required of community grant recipients in § 49-6-2405(d), community schools and communities of schools are encouraged to provide literacy classes and tutoring for all age groups and to promote education, learning, and effective communication to contribute to the welfare of the community. Adult education programming that includes preparation toward obtaining a high school equivalency credential approved by the state board of education may be offered to those without high school diplomas.

§ 49-6-2410. Identification of opportunities to support formation and effective administration of community schools.

(a) The department of education shall work with at least one (1) statewide coalition composed of practitioners, administrators, advocates, and other stakeholders to identify opportunities for the department to support the formation and effective administration of community schools in this state by focusing on and sharing best practices regarding:
1. (1) Professional development;
2. (2) Policy and advocacy;
3. (3) Communications;
4. (4) Stakeholder engagement; and
5. (5) Program evaluation.
(b) Subsection (a) does not prohibit the department of education from working with more than one (1) statewide coalition to effectuate the purposes of this section.

Part 25 National Motto in the Classroom Act

§ 49-6-2501. Short title.

This part shall be known and may be cited as the “National Motto in the Classroom Act.”

§ 49-6-2502. “In God We Trust” national motto to be displayed in prominent school location.

(a) Beginning in the 2018-2019 school year, an LEA shall require all schools within the LEA to display the national motto of the United States, “In God We Trust,” in a prominent location in each school.
(b) The display required in subsection (a) may take the form of, but is not limited to, a mounted plaque or student artwork.
(c) For purposes of this section, “prominent location” means a school entry way, cafeteria, or common area where students are likely to see the national motto display.

Part 26 Tennessee Education Savings Account Pilot Program

§ 49-6-2601. Short title.

This part shall be known and may be cited as the “Tennessee Education Savings Account Pilot Program.”

§ 49-6-2602. Part definitions.

As used in this part, unless the context otherwise requires:
1. (1) “Department” means the department of education;
2. (2) “Eligible postsecondary institution” means:
  1. (A) An institution operated by:
    1. (i) The board of trustees of the University of Tennessee;
    2. (ii) The board of regents of the state university and community college system; or
    3. (iii) A local governing board of trustees of a state university in this state; or
  2. (B) A private postsecondary institution accredited by an accrediting organization approved by the state board of education;
3. (3) “Eligible student” means a resident of this state who:
  1. (A)
    1. (i) Was previously enrolled in and attended a Tennessee public school for the one (1) full school year immediately preceding the school year for which the student receives an education savings account;
    2. (ii) Is eligible for the first time to enroll in a Tennessee school;
    3. (iii) Received an education savings account in the previous school year;
    4. (iv) Was enrolled in and attended a Tennessee public school for one (1) full school year in the 2019-2020, 2020-2021, or 2021-2022 school year; or
    5. (v) Was eligible for the first time to enroll in a Tennessee public school in the 2019-2020, 2020-2021, or 2021-2022 school year;
    1 Backlink
    
    49-6-2603(d)
  2. (B) Is a student in any of the grades kindergarten through twelve (K-12);
  3. (C)
    1. (i) Is zoned to attend a school in an LEA, excluding the achievement school district (ASD), with five (5) or more schools:
      1. (a) Identified as priority schools in 2015, as defined by the state's accountability system pursuant to § 49-1-602;
      2. (b) Among the bottom ten percent (10%) of schools, as identified by the department in 2017 in accordance with § 49-1-602(b)(3);
      3. (c) Identified as priority schools in 2018, as defined by the state's accountability system pursuant to § 49-1-602; and
      4. (d) Identified as priority schools in 2021, as defined by the state's accountability system pursuant to § 49-1-602; or
      2 Backlinks
      
      49-6-2611(a)(2)(A)(iv)
      49-6-2611(a)(2)(A)(v)
    2. (ii) Is zoned to attend a school that is in the ASD on May 24, 2019; and
  4. (D) Is a member of a household with an annual income for the previous year that does not exceed twice the federal income eligibility guidelines for free lunch;
    5 Backlinks
    
    49-6-2603(a)(5)
    49-6-2603(d)(2)(A)
    49-6-2603(d)(2)(B)
    49-6-2603(f)(2)
    49-6-2604(a)(6)
  1 Backlink
  - 49-6-2611(c)
4. (4) “ESA” means an education savings account created by this part;
5. (5) “High school” means a school in which any combination of grades nine through twelve (9-12) are taught; provided, that the school must include grade twelve (12);
6. (6) “Legacy student” means a participating student who:
  1. (A)
    1. (i) Graduates from high school; or
    2. (ii) Exits the program by reaching twenty-two (22) years of age;
  2. (B) Has funds remaining in the student's education savings account; and
  3. (C) Has an open education savings account;
7. (7) “Local education agency” or “LEA” has the same meaning as defined in § 49-1-103;
8. (8) “Parent” means the parent, guardian, person who has custody of the child, or individual who has caregiving authority under § 49-6-3001;
9. (9) “Participating school” means a private school, as defined by § 49-6-3001(c)(3)(A)(iii), that meets the requirements established by the department of education and the state board of education for a Category I, II, or III private school, and that seeks to enroll eligible students;
10. (10) “Participating student” means:
  1. (A) An eligible student who is seventeen (17) years of age or younger and whose parent is participating in the education savings account program; or
  2. (B) An eligible student who has reached the age of eighteen (18) and who is participating in the education savings account program;
11. (11) “Program” means the education savings account program created in this part;
12. (12) “Provider” means an individual or business that provides educational services in accordance with this part and that meets the requirements established by the department of education and the state board of education; and
13. (13) “State board” means the state board of education.

§ 49-6-2603. Eligibility to participate in education savings account program — Participation by student.

(a) To participate in the program, a parent of an eligible student who is seventeen (17) years of age or younger, or an eligible student who has reached the age of eighteen (18) must agree in writing to:
1. (1) Ensure the provision of an education for the participating student that satisfies the compulsory school attendance requirement provided in § 49-6-3001(c)(1) through enrollment in a private school, as defined in § 49-6-3001(c)(3)(A)(iii), that meets the requirements established by the department and the state board for a Category I, II, or III private school;
2. (2) Not enroll the participating student in a public school while participating in the program;
3. (3) Release the LEA in which the participating student resides from all obligations to educate the participating student while participating in the program. Participation in the program has the same effect as a parental refusal to consent to the receipt of services under the Individuals with Disabilities Education Act (IDEA) (20 U.S.C. § 1414);
4. (4) Only use the funds deposited in a participating student's ESA for one (1) or more of the following expenses of the student:
  1. (A) Tuition or fees at a participating school;
  2. (B) Textbooks required by a participating school;
  3. (C) Tutoring services provided by a tutor or tutoring facility that meets the requirements established by the department and the state board;
  4. (D) Fees for transportation to and from a participating school or educational provider paid to a fee-for-service transportation provider;
  5. (E) Fees for early postsecondary opportunity courses and examinations required for college admission;
  6. (F) Computer hardware, technological devices, or other technology fees approved by the department, if the computer hardware, technological device, or technology fee is used for the student's educational needs and is purchased through a participating school, private school, or provider;
  7. (G) School uniforms, if required by a participating school;
  8. (H) Tuition and fees for summer education programs and specialized afterschool education programs, as approved by the department, which do not include afterschool childcare;
  9. (I) Tuition and fees at an eligible postsecondary institution;
  10. (J) Textbooks required by an eligible postsecondary institution;
  11. (K) Educational therapy services provided by therapists that meet the requirements established by the department and the state board; or
  12. (L) Fees for the management of the ESA by a private or nonprofit financial management organization, as approved by the department. The fees must not exceed two percent (2%) of the funds deposited in a participating student's ESA in a fiscal year; and
  4 Backlinks
5. (5) Verify that the student's household income meets the requirements of § 49-6-2602(3)(D) by providing a federal income tax return from the previous year or by providing proof that the parent of an eligible student who is seventeen (17) years of age or younger, or an eligible student who has reached the age of eighteen (18), is eligible to enroll in the state's temporary assistance for needy families (TANF) program. Household income must be verified under this subdivision (a)(5):
  1. (A) When the parent of the eligible student or the eligible student, as applicable, submits an application to participate in the program; and
  2. (B) At least once every year, according to the schedule and income-verification process developed by the department.
(b) This part does not prohibit a parent or third party from paying the costs of educational programs and services for a participating student that are not covered by the funds in an ESA.
(c) When a participating student reaches eighteen (18) years of age, the rights accorded to, and any consent required of, the participating student's parent under this part transfer from the participating student's parent to the participating student.
(d) For purposes of continuity of educational attainment, and subject to the eligibility requirements of § 49-6-2602(3)(A) and (B), a participating student may participate in the program, unless the student is suspended or terminated from participating in the program under § 49-6-2608, until:
1. (1) The participating student:
  1. (A) Enrolls in a public school;
  2. (B) Ceases to be a resident of the LEA in which the student resided when the student began participating in the program;
  3. (C) Graduates or withdraws from high school; or
  4. (D) Reaches twenty-two (22) years of age between the commencement of the school year and the conclusion of the school year, whichever occurs first; or
2. (2) The parent of the participating student or the participating student, as applicable:
  1. (A) Fails to verify that the participating student's household income meets the requirements of § 49-6-2602(3)(D) according to the schedule and income-verification process developed by the department; or
  2. (B) Verifies, according to the schedule and income-verification process developed by the department, that the participating student's household income does not meet the requirements of § 49-6-2602(3)(D).
(e) A participating student, who is otherwise eligible to return to the student's LEA, may return to the student's LEA at any time after enrolling in the program. Upon a participating student's return to the student's LEA, the student's ESA will be closed and any remaining funds must be returned to the state treasurer to be placed in the Tennessee investment in student achievement formula (TISA) account of the education trust fund of 1992 under §§ 49-3-357 and 49-3-358.
(f)
1. (1) If a participating student ceases to be a resident of the LEA in which the student resided when the student began participating in the program, then the student's ESA will be closed and any remaining funds must be returned to the state treasurer to be placed in the Tennessee investment in student achievement formula (TISA) account of the education trust fund of 1992 under §§ 49-3-357 and 49-3-358.
2. (2) If the parent of a participating student or the participating student, as applicable, fails to verify that the participating student's household income meets the requirements of § 49-6-2602(3)(D) according to the schedule and income-verification process developed by the department, or if the parent of a participating student or the participating student, as applicable, verifies, according to the schedule and income-verification process developed by the department, that the participating student's household income does not meet the requirements of § 49-6-2602(3)(D), then the student's ESA will be closed and any remaining funds must be returned to the state treasurer to be placed in the Tennessee investment in student achievement formula (TISA) account of the education trust fund of 1992 under §§ 49-3-357 and 49-3-358.
(g) Any funds remaining in a participating student's ESA upon graduation from high school or exiting the program by reaching twenty-two (22) years of age may be used by the student when the student becomes a legacy student to attend or take courses from an eligible postsecondary institution, with qualifying expenses subject to the conditions of subdivision (a)(4).
(h) A participating student's ESA will be closed, and any remaining funds must be returned to the state treasurer to be placed in the Tennessee investment in student achievement formula (TISA) account of the education trust fund of 1992 under §§ 49-3-357 and 49-3-358, after the first of the following events:
1. (1) Upon a legacy student's graduation from an eligible postsecondary institution;
2. (2) After four (4) consecutive years elapse immediately after a legacy student enrolls in an eligible postsecondary institution;
3. (3) After a participating student or legacy student exits the program and is not enrolled in an eligible postsecondary institution; or
4. (4) After a participating or legacy student reaches twenty-two (22) years of age and is not enrolled in an eligible postsecondary institution.
(i) Funds received pursuant to this part:
1. (1) Constitute a scholarship provided for use on qualified educational expenses listed in subdivision (a)(4); and
2. (2) Do not constitute income of a parent of a participating student under title 67, chapter 2 or any other state law.
(j) A student who is eligible for both the program created under this part and an individualized education account under the Individualized Education Act, compiled in chapter 10, part 14 of this title, may apply for both programs but must only participate and receive assistance from one (1) program.
(k) A participating student is ineligible to participate in a sport sanctioned by an association that regulates interscholastic athletics for the first year in which the student attends a participating school if:
1. (1) The participating student attended a Tennessee public school and participated in that sport;
2. (2) The student participated in that sport in the year immediately preceding the year in which the participating student enrolled in the participating school; and
3. (3) The participating student has not relocated outside the LEA in which the Tennessee public school that the participating student formerly attended is located.
(l) The state board shall adopt rules regarding the spending requirements for ESA funds and the use of any unspent funds, as well as rules providing for determining that a student is no longer participating in the program or that a student's ESA should be closed. The rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

§ 49-6-2604. Procedures to determine student eligibility — Application form — Application process — Approval process — Number of participating students.

(a) The department shall establish:
1. (1) Procedures to determine student eligibility in accordance with the requirements established by this part;
2. (2)
  1. (A) An application form that a parent of a student or a student who has reached eighteen (18) years of age may submit to the department to determine the student's eligibility for an ESA and make the application form readily available on the department's website;
  2. (B) An application process that provides a timeline, before the start of the school year for which an application is being submitted, when a parent of a student, or a student who has reached eighteen (18) years of age, as applicable, must submit an application to participate in the program. If the application is approved, then the student may participate in the program beginning with the school year identified in the application. If a participating student exits the program, then the student's parent, or the student, as applicable, may reapply to participate in the program in accordance with the application process and timeline established by the department under this subdivision (a)(2)(B);
3. (3) An approval process for a Category I, II, or III private school to become a participating school;
4. (4) An application form that a Category I, II, or III private school may submit to the department to become a participating school and make the application form readily available on the department's website;
5. (5) An annual application period for a parent of a student, or a student who has reached eighteen (18) years of age, to apply for the program; and
6. (6) An income-verification process for a parent of a participating student who is seventeen (17) years of age or younger, or a participating student who has reached eighteen (18) years of age, as applicable, to verify that the participating student's household income meets the requirements of § 49-6-2602(3)(D).
(b) The program shall begin enrolling participating students no later than the 2021-2022 school year.
(c) The number of participating students enrolled in the program must not exceed:
1. (1) For the first school year of operation, five thousand (5,000) students;
2. (2) For the second school year of operation, seven thousand five hundred (7,500) students;
3. (3) For the third school year of operation, ten thousand (10,000) students;
4. (4) For the fourth school year of operation, twelve thousand five hundred (12,500) students; and
5. (5) For the fifth school year of operation, and for each school year thereafter, fifteen thousand (15,000) students.
(d)
1. (1) Notwithstanding subsection (c), if, in the application period for a school year, the number of program applications received by the department does not exceed seventy-five percent (75%) of the maximum number of students that may participate in the program for that school year under subsection (c), then the maximum number of students that may participate in the program for that school year must remain in place for subsequent school years until the number of applications during a subsequent program application period exceeds seventy-five percent (75%) of that maximum number.
2. (2) Once the number of applications during a subsequent program application period exceeds seventy-five percent (75%) of the maximum number that has remained in place under subdivision (d)(1), then, during the next school year for which an increase is practicable, the maximum number of students that may participate in the program for that school year shall increase to the number of students provided for under subsection (c) that is in excess of the most recent maximum number of students allowed to participate in the program.
3. (3) This subsection (d) is subject to the caps on the maximum number of students that may participate in the program for a particular school year under subsection (c).
(e) If, in the application period for a school year, the number of program applications received by the department exceeds the maximum number of students that may participate in the program for that school year under subsection (c), then the department shall select students for participation in the program through an enrollment lottery process. Students who participated in the program in the previous school year receive enrollment preference and, as a result, are excluded from entering into an enrollment lottery. If an enrollment lottery is conducted, then enrollment preference must be granted in the following order:
1. (1) Students who have a sibling participating in the program;
2. (2) Students zoned to attend a priority school as defined by the state's accountability system pursuant to § 49-1-602;
3. (3) Students eligible for direct certification under 42 U.S.C. § 1758(b)(4); and
4. (4) All other eligible students.
1 Backlink
- 49-6-2605(e)

§ 49-6-2605. Funding calculations — School improvement fund — Allowable uses of ESA funds — Participating schools — Administration of program.

(a) The maximum annual amount to which a participating student is entitled under the program must be equal to the amount representing the per pupil state and local funds generated and required through the TISA for the LEA in which the participating student resides, but must not exceed the combined statewide average of required state and local TISA allocations per pupil. The state board of education may promulgate rules to annually calculate and determine the combined statewide average of required state and local TISA allocations per pupil.
(b)
1. (1) For the purpose of funding calculations, each participating student must be counted in the enrollment figures for the LEA in which the participating student resides. The ESA funds for participating students must be subtracted from the state TISA funds otherwise payable to the LEA. The department shall remit funds to a participating student's ESA on at least a quarterly basis. Any funds awarded under this part are the entitlement of the participating student or legacy student, under the supervision of the participating student's or legacy student's parent if the participating student or legacy student is seventeen (17) years of age or younger.
2. (2)
  1. (A) There is established a school improvement fund to be administered by the department that, for the first three (3) fiscal years in which the program enrolls participating students and subject to appropriation, shall disburse an annual grant to each LEA to be used for school improvement in an amount equal to the ESA amount for participating students under the program who:
    1. (i) Were enrolled in and attended a school in the LEA for the one (1) full school year immediately preceding the school year in which the student began participating in the program; and
    2. (ii) Generate TISA funds for the LEA in the applicable fiscal year that will be subtracted from the state TISA funds payable to the LEA under subdivision (b)(1).
  2. (B)
    1. (i) Any balance of unused funds allocated to the program remaining at the end of any of the first three (3) fiscal years of the program must be disbursed as an annual school improvement grant to LEAs that have priority schools as defined by the state's accountability system pursuant to § 49-1-602, but that do not have participating students in the program.
    2. (ii) After the first three (3) fiscal years in which the program enrolls participating students, the department shall disburse any appropriations to the fund established in this subdivision (b)(2) as school improvement grants for programs to support schools identified as priority schools, as defined by the state's accountability system pursuant to § 49-1-602, for 2021 or any year thereafter.
3. (3) Any balance in the fund established in subdivision (b)(2) remaining unexpended on the program at the end of any fiscal year after the third fiscal year does not revert to the general fund, but is carried forward for expenditure in subsequent years.
(c) The department shall provide parents of participating students or students, as applicable, with a written explanation of the allowable uses of ESA funds, the responsibilities of parents regarding ESA funds and the parents' participating students, and the department's duties regarding ESA funds and eligible students, participating students, and legacy students.
(d) The department shall post on the department's website a list of participating schools for each school year, the grades taught in each participating school, and any other information that the department determines may assist parents in selecting a participating school.
(e) The department shall strive to ensure that lower-income families and families with students listed under § 49-6-2604(e) are notified of the program and of the eligibility requirements to participate in the program.
(f) The department shall strive to ensure that parents of students with disabilities receive notice that participation in the program has the same effect as a parental refusal to consent to the receipt of services under the Individuals with Disabilities Education Act (IDEA) (20 U.S.C. § 1414).
(g) The department shall adopt policies or procedures necessary for the administration of the program, including, but not limited to, procedures for establishing, or contracting for the establishment of, an anonymous online fraud reporting service and telephone hotline, for reporting fraudulent activity related to ESAs, and for conducting or contracting for random, quarterly, or annual review of accounts.
(h) The department may deduct six percent (6%) from the annual ESA award amount to cover the costs of overseeing the funds and administering the program.
(i) The department may contract with a nonprofit organization to administer some or all portions of the program.

§ 49-6-2606. Annual administration of TCAP tests for math and English language arts — Report of graduation — Parental satisfaction survey — Annual report — Audit.

(a)
1. (1) As a condition of participating in the program, participating students in grades three through eleven (3-11) must be annually administered the Tennessee comprehensive assessment program (TCAP) tests for math and English language arts, or successor tests authorized by the state board of education for math and English language arts.
  1 Backlink
  - 49-6-2611(a)(2)(A)(ii)
2. (2) For participating students enrolled full-time in a participating school, the participating school shall annually administer the tests required in subdivision (a)(1) to participating students.
3. (3) For participating students seventeen (17) years of age or younger who are not enrolled full-time in a participating school, the participating student's parent must ensure that the participating student is annually administered the tests required in subdivision (a)(1). A participating student who has reached the age of eighteen (18) and who is not enrolled full-time in a participating school must ensure that the participating student is annually administered the tests required in subdivision (a)(1).
(b) The department shall ensure that:
1. (1) Parents report the participating student's graduation from high school to the department; and
2. (2) A parental satisfaction survey is created and annually disseminated to parents of participating students that requests the following information:
  1. (A) Parental satisfaction with the program, including parental recommendations, comments, and concerns;
  2. (B) Whether the parent terminated the participating student's participation in the program and the reason for termination;
  3. (C) Methods to improve the effectiveness of the program, including parental recommendations for doing so; and
  4. (D) The number of years the parent's participating student has participated in the program.
(c) In compliance with all state and federal student privacy laws, beginning at the conclusion of the first fiscal year in which the program enrolls participating students, the department shall produce an annual report that is accessible on the department's website with information about the program for the previous school year. The report must include:
1. (1) The number of students participating in the program;
2. (2) Participating student performance on annual assessments required by this section, aggregated by LEA and statewide;
3. (3) Aggregate graduation outcomes for participating students in grade twelve (12); and
4. (4) Results from the parental satisfaction survey required in subdivision (b)(2).
1 Backlink
- 49-6-2611(a)(2)(A)(i)
(d) In compliance with all state and federal student privacy laws, the program is subject to audit by the comptroller of the treasury or the comptroller's designee no later than the first fiscal year in which the program enrolls participating students and annually thereafter. The audit may include a sample of ESAs to evaluate the eligibility of the participating students, the funds deposited in the ESAs, and whether ESA funds are being used for authorized expenditures. The audit may also include an analysis of the department's ESA monitoring process and the sufficiency of the department's fraud protection measures. The department shall cooperate fully with the comptroller of the treasury or the comptroller's designee in the performance of the audit. The audit must be made available to the members of the general assembly.
1 Backlink
- 49-6-2611(a)(2)(A)(iii)
(e)
1. (1) Data from the Tennessee comprehensive assessment program (TCAP) tests, or successor tests authorized by the state board of education, that are annually administered to participating students in grades three through eleven (3-11) pursuant to subsection (a) must be used to determine student achievement growth, as represented by the Tennessee Value-Added Assessment System (TVAAS), developed pursuant to chapter 1, part 6 of this title, for participating schools.
2. (2) The department shall, in compliance with all state and federal student privacy laws, make the TVAAS score of each participating school publicly available on the department's website.

§ 49-6-2607. Use of ESA funds — Separate ESAs —Receipts for expenses — Requirements for participating schools.

(a) ESA funds shall only be used for the expenses listed in § 49-6-2603(a)(4).
(b) The department shall establish and maintain separate ESAs for each participating student and shall verify that the uses of ESA funds are permitted under § 49-6-2603(a)(4) and institute fraud protection measures. Use of ESA funds on tuition and fees, computer hardware or other technological devices, tutoring services, educational therapy services, summer education programs and specialized afterschool education programs, and any other expenses identified by the department must be preapproved by the department. Preapproval shall be requested by completing and submitting the department's preapproval form. The department shall develop processes to effectuate this subsection (b).
(c) To document compliance with subsection (a), participating schools, providers, and eligible postsecondary institutions shall provide parents of participating students or participating students, as applicable, with a receipt for all expenses paid to the participating school, provider, or eligible postsecondary institution using ESA funds.
(d) A participating school, provider, or eligible postsecondary institution shall not, in any manner, refund, rebate, or share funds from an ESA with a parent of a participating student or a participating student. The department shall establish a process for funds to be returned to an ESA by a participating school, provider, or eligible postsecondary institution.
(e) To ensure the safety and equitable treatment of participating students, participating schools shall:
1. (1) Comply with all state and federal health and safety laws applicable to nonpublic schools;
2. (2) Certify that the participating school will not discriminate against participating students or applicants on the basis of race, color, or national origin;
3. (3) Comply with § 49-5-202;
4. (4) Conduct criminal background checks on employees; and
5. (5) Exclude from employment:
  1. (A) Any person who is not permitted by state law to work in a nonpublic school; and
  2. (B) Any person who might reasonably pose a threat to the safety of students.
(f) An LEA shall provide a participating school that has admitted a participating student with a complete copy of the participating student's school records in the LEA's possession to the extent permitted by state and federal student privacy laws.

§ 49-6-2608. Suspension or termination of participating school or provider — Suspension or termination of participating or legacy student — Restitution — Criminal prosecution.

(a)
1. (1) The department may suspend or terminate a participating school's or provider's participation in the program if the department determines that the participating school or provider has failed to comply with the requirements of this part.
2. (2) The state board shall promulgate rules allowing the department to suspend or terminate a participating school's participation in the program due to low academic performance, as determined by the department.
3. (3) If the department suspends or terminates a participating school's or provider's participation under this subsection (a), then the department shall notify affected participating students and the parents of participating students of the decision. If a participating school's or provider's participation in the program is suspended or terminated, or if a participating school or provider withdraws from the program, then affected participating students remain eligible to participate in the program.
(b) The department may suspend or terminate a participating student from the program, or close a legacy student's ESA, if the department determines that the participating student's or legacy student's parent or the participating student or legacy student has failed to comply with the requirements of this part. If the department terminates a participating student's or legacy student's participation in the program, then the department shall close the participating student's or legacy student's ESA.
(c) A parent of a participating student, a participating student, a legacy student, or any other person who uses the funds deposited in a participating student's ESA for expenses that do not constitute one (1) or more of the qualified expenses listed in § 49-6-2603(a)(4), or a parent of a participating student, a participating student, a legacy student, or any other person who misrepresents the nature, receipts, or other evidence of any expenses paid by the parent of a participating student, by a participating student, or by a legacy student is liable for restitution to the department in an amount equal to the amount of such expenses.
(d) If a person knowingly uses ESA funds for expenses that do not constitute one (1) or more of the qualified expenses listed in § 49-6-2603(a)(4) with the intent to defraud the program or knowingly misrepresents the nature, receipts, or other evidence of any expenses paid with the intent to defraud the program, then the department may refer the matter to the appropriate enforcement authority for criminal prosecution.
(e) Any funds remaining in an ESA that is closed in accordance with subsection (b) must be returned to the state treasurer to be placed in the Tennessee investment in student achievement formula (TISA) account of the education trust fund of 1992 under §§ 49-3-357 and 49-3-358.
(f) The state board shall promulgate rules to effectuate this section, including rules to establish a process for a participating school's, provider's, participating student's, or legacy student's suspension or termination from the program. The rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

1 Backlink

49-6-2603(d)

§ 49-6-2609. Participating school or provider not state agent — No expansion of regulatory authority.

(a) A participating school or provider is autonomous and not an agent of this state.
(b) The creation of the ESA program does not expand the regulatory authority of this state, the officers of this state, or an LEA to impose any additional regulation of participating schools or providers beyond the rules and regulations necessary to enforce the requirements of the program.
(c) This state gives participating schools and providers maximum freedom to provide for the educational needs of participating students without governmental control. Neither a participating school nor a provider is required to alter its creed, practices, admissions policies, or curriculum in order to accept participating students, other than as is necessary to comply with the requirements of the program.

§ 49-6-2610. Promulgation of rules.

The state board is authorized to promulgate rules to effectuate the purposes of this part. The rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

§ 49-6-2611. Intent of part — Report by office of research and education accountability — Effect of invalidity.

(a)
1. (1) The general assembly recognizes this state's legitimate interest in the continual improvement of all LEAs and particularly the LEAs that have consistently had the lowest performing schools on a historical basis. Accordingly, it is the intent of this part to establish a pilot program that provides funding for access to additional educational options to students who reside in LEAs that have consistently and historically had the lowest performing schools.
2. (2)
  1. (A) On January 1 following the third fiscal year in which the program enrolls participating students, and every January 1 thereafter, the office of research and education accountability (OREA), in the office of the comptroller of the treasury, shall provide a report to the general assembly to assist the general assembly in evaluating the efficacy of the program. The report must include, in compliance with all state and federal student privacy laws:
    1. (i) The information contained in the department's annual report prepared pursuant to § 49-6-2606(c);
    2. (ii) Academic performance indicators for participating students in the program including, but not limited to, data generated from the tests administered to participating students pursuant to § 49-6-2606(a)(1);
    3. (iii) Audit reports prepared by the comptroller of the treasury or the comptroller's designee pursuant to § 49-6-2606(d);
    4. (iv) A list of the LEAs that meet the requirements of § 49-6-2602(3)(C)(i) for the most recent year in which the department collected such information; and
    5. (v) Recommendations for legislative action if, based upon the list provided pursuant to subdivision (a)(2)(A)(iv), the LEAs with students who are eligible to participate in the program under § 49-6-2602(3)(C)(i) is no longer consistent with the intent described in subdivision (a)(1).
  2. (B) The department shall assist the OREA in its preparation of the report required under this subdivision (a)(2).
  3. (C) The OREA's initial report to the general assembly under this subdivision (a)(2) must include the information outlined in subdivisions (a)(2)(A)(i)-(iii) for each of the three (3) preceding school years in which the program enrolled participating students.
(b) If any provision of this part or this part's application to any person or circumstance is held invalid, then the invalidity must not affect other provisions or applications of this part that can be given effect without the invalid provision or application, and to that end the provisions of this part are severable.
(c) Notwithstanding subsection (b), if any provision of this part is held invalid, then the invalidity shall not expand the application of this part to eligible students other than those identified in § 49-6-2602(3).
(d) A local board of education does not have authority to assert a cause of action, intervene in any cause of action, or provide funding for any cause of action challenging the legality of this part.

§ 49-6-2612. State or local public benefit.

An education savings account is a state or local public benefit under § 4-58-102.

Part 27 Threat Assessment

§ 49-6-2701. Threat assessment team.

(a) Each LEA shall adopt a policy to establish a threat assessment team within the LEA. The purpose of the threat assessment team is to develop comprehensive intervention-based approaches to prevent violence, manage reports of potential threats, and create a system that fosters a safe, supportive, and effective school environment.
(b) The threat assessment team must include LEA personnel and law enforcement personnel. An LEA's threat assessment team may include juvenile services personnel, a representative of the local district attorney's office, a representative of the department of children's services, and mental health service providers.
(c) A threat assessment team shall:
1. (1) Obtain training from local law enforcement or mental health service providers on how to assess individuals exhibiting threatening or disruptive behavior and develop interventions for individuals exhibiting such behavior;
2. (2) Conduct threat assessments based on dangerous or threatening behavior of individuals in the school, home, or community setting;
3. (3) Provide guidance to students, faculty, staff, and others in the LEA on how to recognize, address, and report threatening or dangerous behavior;
4. (4) Establish procedures that outline the circumstances in which LEA personnel are required to report threatening or dangerous behavior;
5. (5) Establish procedures for students, faculty, and community members to anonymously report threatening or dangerous behavior and specify to whom the behavior should be reported;
6. (6) Provide guidance and best practices for the intervention and prevention of violence;
7. (7) Establish procedures for the:
  1. (A) Assessment of individuals exhibiting behavior that may present a threat to the health or safety of the individual or others;
  2. (B) Development of appropriate means of intervention, diversion, and de-escalation of threats; and
  3. (C) Development of appropriate courses of actions that should be taken in the event threatening or dangerous behavior is reported, including, but not limited to, referrals to community services or healthcare providers, notification of parents or guardians, if appropriate, or notification of law enforcement and emergency medical services;
8. (8) Refer individuals to support services;
9. (9) Provide post-incident assessments and evaluate the effectiveness and response of the LEA to incidents; and
10. (10) Coordinate with state agencies providing support services and technical assistance to local threat assessment teams.
(d) The threat assessment team shall document all behaviors and incidents deemed to pose a risk to school safety or that result in intervention and shall provide the information to the LEA. All information shall be documented in accordance with the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. 1232g), § 10-7-504, and all other relevant state and federal privacy laws. The LEA must consider the information when reviewing and developing a building-level school safety plan.
(e) The threat assessment team shall report threat assessment team activities to the local board of education, the director of schools, the department of safety, the Tennessee school safety center, and the members of the state-level safety team established pursuant to § 49-6-802(a) on a regular basis. The report must include quantitative data on threat assessment team activities, including post-incident assessments, and must provide information on the effectiveness of the team's response to incidents deemed to pose a risk to school safety. The report must comply with the FERPA, § 10-7-504, and all other relevant state and federal privacy laws.
(f) Documents produced or obtained pursuant to this section are not open for public inspection. Threat assessment team meetings do not constitute an open meeting as defined by § 8-44-102.

§ 49-6-2702. Request for law enforcement or court records upon determination that individual poses threat or exhibits significantly disruptive behavior or need for assistance — Use of information — Disclosure of student's education record.

(a)
1. (1) Upon a preliminary determination by the threat assessment team that an individual poses a threat of violence or exhibits significantly disruptive behavior or need for assistance, the threat assessment team may:
  1. (A) Request law enforcement information or records, which may be provided as deemed appropriate by the law enforcement agency in accordance with state and federal privacy laws; and
  2. (B) Request court files and records, which may be provided as deemed appropriate by the juvenile court pursuant to § 37-1-153.
2. (2) A member of a threat assessment team shall not disclose any court files or records obtained pursuant to this section or otherwise use any record of an individual beyond the purpose for which the disclosure was made. This section does not require a law enforcement agency or juvenile court to produce a record or limit a law enforcement agency's or juvenile court's discretion.
3. (3) Law enforcement and juvenile justice information obtained pursuant to this part cannot be used:
  1. (A) To discipline or exclude a child from educational services unless the information is provided to a school pursuant to § 37-1-131(a)(2)(B); or
  2. (B) By a juvenile court system to assess legal consequences against a person for any action, unless the information is brought before the juvenile court pursuant to a properly filed petition and addressed through the proper court proceedings in accordance with title 37, chapter 1.
(b) An LEA may disclose information contained in a student's education record to appropriate parties, including members of the threat assessment team and the members' respective agencies, in the event of an emergency if knowledge of the information is necessary to protect the health or safety of the student or other individuals. Any disclosure under this subsection (b) 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 state and federal privacy laws. This section does not limit an LEA's ability to disclose information to the fullest extent otherwise permitted by state or federal law.
(c) Agencies, entities, and individuals subject to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) (42 U.S.C. § 1320d et seq.) may disclose information contained in a medical record to the threat assessment team if the agency, entity, or individual believes that the disclosure is necessary to prevent or lessen a serious and imminent threat to the health or safety of a person or the public. Any disclosure under this subsection (c) must comply with HIPAA. Nothing in this subsection (c) limits an agency's, entity's or individual's ability to disclose information to the fullest extent otherwise permitted by state or federal law.
(d) The threat assessment team shall certify to any agency or individual providing confidential information that the information will not be disclosed to any other party, except as provided by law. The agency providing the information to the threat assessment team shall retain ownership of the information provided, and such information remains subject to any confidentiality laws applicable to the agency. The provision of information to the threat assessment team does not waive any applicable confidentiality standards. Confidential information may be shared with the threat assessment team only as necessary to protect the safety of the individual or others. Nothing in this part compels an agency or individual to share records or information unless required by law.

§ 49-6-2703. Immunity of threat assessment team.

A threat assessment team and individual members of a threat assessment team, and any person providing information to a threat assessment team, are not liable in any action for damages or for other relief for any lawful actions taken in accordance with this part. A threat assessment team and individual members of a threat assessment team are immune from liability arising from:
1. (1) The provision of information to a threat assessment team, if the information is provided to the threat assessment team in good faith, without malice, and on the basis of facts known or reasonably believed to exist; or
2. (2) Any decisions, opinions, actions, and proceedings rendered, entered, or acted upon by a threat assessment team within the scope or function of the duties of the threat assessment team if made in good faith, without malice, and on the basis of facts known or reasonably believed to exist.

Part 28 Teacher's Discipline Act

§ 49-6-2801. Evidence-based behavior supports and interventions.

(a) A teacher trained in evidence-based behavior supports is authorized to manage the teacher's classroom, discipline students, and refer a student to the principal or the principal's designee to maintain discipline in the classroom, and to hold students in the teacher's charge strictly accountable for any disorderly conduct in school.
(b) Each student discipline policy or code of conduct adopted by a local board of education or public charter school governing body pursuant to § 49-6-4002 must include:
1. (1) Evidence-based behavior supports and interventions; and
2. (2) A provision authorizing teachers and administrators to enforce the student discipline policy or code of conduct and to hold students accountable for any disorderly conduct in school, on school buses, or at school-sponsored events.

§ 49-6-2802. Policy regarding relocation of student — Use of reasonable or justifiable force — Intervention in physical altercation.

(a)
1. (1) Each local board of education and each public charter school governing body shall adopt a policy regarding a teacher's ability to relocate a student from the student's present location to another location for the student's safety or for the safety of others.
2. (2) The use of reasonable or justifiable force, as defined in §§ 39-11-603, 39-11-609, 39-11-610, 39-11-612, 39-11-613, 39-11-614, 39-11-621, and 39-11-622, if required to accomplish this task due to the unwillingness of the student to cooperate, is allowed. If steps beyond the use of reasonable or justifiable force are required, then the student must be allowed to remain in place until local law enforcement officers or school resource officers can be summoned to relocate the student or take the student into custody until a parent or guardian can retrieve the student.
3. (3) The policy required under this subsection (a) must authorize teachers to intervene in a physical altercation between two (2) or more students, or between a student and an LEA employee or public charter school employee, as applicable, using reasonable or justifiable force upon a student, if necessary, to end the altercation by relocating the student to another location.
(b) The policy required under subsection (a) must:
1. (1) Be in effect on school property, as well as at official school-sponsored events, including, but not limited to, sporting events and approved field trips that take place away from school property; and
2. (2) Cover teachers who are directly responsible for the student's education, and other LEA employees or public charter school employees, as applicable, who interact with students on a professional basis. The LEA employees or public charter school employees described in this subdivision (b)(2) include, but are not limited to, administrators, teachers, school support staff, bus drivers, cafeteria workers, and school resource officers while the employee is acting within the scope of the employee's assigned duties.
(c) The policy required under subsection (a) must require a teacher to file a brief report with the principal detailing the situation that required the relocation of the student. The report must be kept either in a student discipline file, in which case the report does not become a part of the student's permanent record, or it must be filed in the student's permanent record, if the student's behavior violated the applicable zero tolerance policy. After the teacher files the report required under this subsection (c), the student is subject to additional disciplinary action that may include suspension or expulsion from the school. The principal or the principal's designee must notify the teacher involved of the actions taken to address the behavior of the relocated student.
(d) Each principal shall fully support the authority of each teacher in the principal's school to relocate under this section.
(e) Each principal shall implement the policies and procedures of the local board of education or public charter school governing body, as applicable, relating to the authority of each teacher to relocate a student and shall disseminate such policies and procedures to the students, faculty, staff, and parents or guardians of students.
(f) The policy required under subsection (a) must comply with all state and federal laws, including the Individuals with Disabilities Education Act (20 U.S.C. § 1400 et seq.), and Section 504 of the Rehabilitation Act (29 U.S.C. § 794).

1 Backlink

49-5-209(c)(5)

§ 49-6-2803. Written referral for student's behavior — Use of appropriate discipline management techniques.

In order to manage student behavior, to ensure the safety of all students in the teacher's classroom and school, and to ensure students the opportunity to learn in an orderly and disciplined classroom, a teacher may refer a student to the principal or the principal's designee. When a teacher disciplines a student by issuing a written referral for the student's behavior, the referral must be returned to the teacher with a notation of the action taken. The referral must be kept in a student discipline file, and shall not become a part of the student's permanent record. If an LEA or school has adopted an electronic system of making disciplinary referrals instead of using written referrals, then the teacher making the referral must be notified of the action taken, but the notification may be made either electronically or in writing. The principal or the principal's designee must respond to a teacher's disciplinary referral of a student by employing appropriate discipline management techniques that are consistent with the LEA's or school's policy. The director of schools, or the director's designee, must review the LEA's or school's discipline policies, practices, and data annually and recommend any necessary revisions to discipline policies to the local board of education or the public charter school governing body, as applicable, for adoption.

1 Backlink

49-6-2804(a)(6)

§ 49-6-2804. Written request for removal of student for disruptive behavior — Notice — Decision regarding student's placement — Action taken in response to request for removal.

(a) A teacher may submit a written request to the principal, or the principal's designee, to remove a student who repeatedly or substantially interferes with the teacher's ability to communicate effectively with the class or with the ability of the student's classmates to learn, if the student's behavior is in violation of the LEA's or school's student discipline policy or code of conduct. The written request must include documentation that the teacher has previously:
1. (1) Taken action to address the student's disruptive behavior;
2. (2) Provided consequences for the student's disruptive behavior;
3. (3) Conducted an oral conference either by a documented telephone conversation or an in-person discussion with the student's parent or guardian regarding the student's disruptive behavior;
4. (4) Provided an opportunity for school counseling or other support services deemed appropriate to address the student's disruptive behavior;
5. (5) Developed and implemented a plan to improve the student's behavior in a conference with the student; and
6. (6) Issued a disciplinary referral under § 49-6-2803 to address the student's disruptive behavior.
(b) The principal or the principal's designee must give the student oral or written notice of the grounds for the teacher's request to remove the student from the teacher's classroom and, if the student denies engaging in the conduct, then the principal or the principal's designee must explain what caused the teacher to submit a request to the principal or the principal's designee to remove the student from the teacher's classroom, and give the student an opportunity to explain the situation. If the student's account is deemed to be valid, albeit different from the teacher's account, and changes the principal's, or the principal's designee's, perspective of the incident, then the principal or the principal's designee must render a decision regarding the student's placement.
(c) Principals and their designees shall respect the professional judgment of a teacher requesting to remove a student from the teacher's classroom under subsection (a) and shall take an action consistent with the student discipline policy or code of conduct adopted pursuant to § 49-6-4002 in response to the request, which may include:
1. (1) Assigning the student to another appropriate classroom for a specified period of time, or for the remainder of the student's assignment to the class from which the student was removed under subsection (a);
2. (2) Assigning the student to in-school suspension for a specified period of time, in compliance with § 49-6-3401;
3. (3) Remanding the student to an alternative school or to an alternative education program for a specified period of time, in compliance with §§ 49-6-3401 and 49-6-3402;
4. (4) Suspending the student pursuant to § 49-6-3401;
5. (5) Requiring the parents or guardians of a student who is removed from a teacher's classroom and assigned to another appropriate classroom under subdivision (c)(1) to participate in conferences before the student is permitted to return to the classroom from which the student was removed; or
6. (6) Denying the teacher's request to remove a student from the teacher's classroom and offering appropriate supports for the teacher to address the student's disruptive behavior.
(d) Any action taken in response to a teacher's request to remove a student from the teacher's classroom must comply with all applicable policies of the local board of education or the public charter school governing body, as applicable, the Individuals with Disabilities Education Act (20 U.S.C. § 1400 et seq.), Section 504 of the Rehabilitation Act (29 U.S.C. § 794), the constitutions of the United States and Tennessee, and all applicable federal and state civil rights laws.
(e) Principals or their designees must notify law enforcement, as appropriate, when implementing this section, and in compliance with §§ 49-6-4209 and 49-6-4301.
(f)
1. (1) A local board of education or public charter school governing body shall establish an appeal process for a teacher to file an appeal when the teacher's request to remove a student from the teacher's classroom is denied pursuant to subdivision (c)(6). An appeal process established under this subdivision (f)(1) must authorize a teacher to file an appeal with the director of schools, or the director's designee, when the teacher's request to remove a student from the teacher's classroom is denied pursuant to subdivision (c)(6).
2. (2) A teacher shall not be terminated, demoted, harassed, or otherwise retaliated against for filing a request for a student to be removed from the teacher's classroom, or for appealing a decision to deny the teacher's request to remove a student pursuant to this subsection (f).
(g) If a teacher abuses or overuses the student removal process provided in this section, then the principal or the principal's designee must address the abuse or overuse with the teacher in compliance with the local board's or public charter school governing body's policy, as applicable, and may require the teacher to complete additional professional development to improve the teacher's classroom management skills.
(h) To assist local boards of education and public charter school governing bodies in determining the effectiveness of student discipline policies and classroom supports provided to teachers to help address student behavior, each school shall annually report to the director of schools or to the head of the public charter school, as applicable, by July 1, 2022, and by each July 1 thereafter, the number of requests submitted by the school's teachers during the immediately preceding school year to remove a student from the teacher's classroom pursuant to subsection (a). The report must document the actions taken by the teacher's principal, or the principal's designee, in response to each request for a student's removal. Each director of schools must compile the data provided in each school's report and issue a district-wide report to the local board of education by August 1 immediately following the July 1 deadline for school reports.
(i) The commissioner of education may review the school and district-wide reports required under subsection (h) and provide training and other resources to schools and LEAs to address any needs identified through the commissioner's review.
(j) On or before February 1, 2023, and on or before February 1 of each year thereafter, the commissioner shall report to the governor and the general assembly on the implementation of, and compliance with, this part.

Part 29 Tennessee Student Religious Liberty Act of 1997

§ 49-6-2901. Short title.

This part shall be known and may be cited as the “Tennessee Student Religious Liberty Act of 1997.”

1 Backlink

49-6-2905(b)

§ 49-6-2902. Legislative findings.

(a) The general assembly finds the following:
1. (1) Judicial decisions concerning religion, free speech and public education are widely misunderstood and misapplied;
2. (2) Confusion surrounding these decisions has caused some to be less accommodating of the religious liberty and free speech rights of students than permitted under the first amendment to the United States constitution;
3. (3) Confusion surrounding these decisions has resulted in needless litigation and conflicts;
4. (4) The supreme court of the United States has ruled that the establishment clause of the first amendment to the United States constitution requires that public schools neither advance nor inhibit religion. Public schools should be neutral in matters of faith and treat religion with fairness and respect;
5. (5) Neutrality to religion does not require hostility to religion. The establishment clause does not prohibit reasonable accommodation of religion, nor does the clause bar appropriate teaching about religion;
6. (6) Accommodation of religion is required by the free speech and free exercise clauses of the first amendment as well as by the Equal Access Act (20 U.S.C. § 4071 et seq.) and the Religious Freedom Restoration Act of 1993 (42 U.S.C. § 2000bb et seq.); and
7. (7) Setting forth the religious liberty rights of students in a statute would assist students and parents in the enforcement of the religious liberty rights of the students and provide impetus to efforts in public schools to accommodate religious belief in feasible cases.
(b) The purpose of this part is to create a safe harbor for schools desiring to avoid litigation and to allow the free speech and religious liberty rights of students to the extent permissible under the establishment clause.

§ 49-6-2903. Part definitions.

As used in this part, unless the context otherwise requires:
1. (1) “Establishment clause” means the portion of the first amendment to the United States constitution that forbids laws respecting an establishment of religion;
2. (2) “Free exercise clause” means the portion of the first amendment to the United States constitution that forbids laws prohibiting the free exercise of religion;
3. (3) “Free speech clause” means the portion of the first amendment to the United States constitution that forbids laws abridging the freedom of speech;
4. (4) “Public school” means any school that:
  1. (A) Is operated by the state, a political subdivision of the state or governmental agency within the state; and
  2. (B) Receives state financial assistance; and
5. (5) “Student” means an individual attending a public school.

§ 49-6-2904. Rights of students.

(a) A student shall have the right to carry out an activity described in any of subdivisions (b)(1)-(4), if the student does not:
1. (1) Infringe on the rights of the school to:
  1. (A) Maintain order and discipline;
  2. (B) Prevent disruption of the educational process; and
  3. (C) Determine educational curriculum and assignments;
2. (2) Harass other persons or coerce other persons to participate in the activity; or
3. (3) Otherwise infringe on the rights of other persons.
(b) Subject to subsection (a), a student shall be permitted to voluntarily:
1. (1) Pray in a public school, vocally or silently, alone or with other students to the same extent and under the same circumstances as a student is permitted to vocally or silently reflect, meditate or speak on nonreligious matters alone or with other students in the public school;
2. (2) Express religious viewpoints in a public school to the same extent and under the same circumstances as a student is permitted to express viewpoints on nonreligious topics or subjects in the school;
3. (3) Speak to and attempt to share religious viewpoints with other students in a public school to the same extent and under the same circumstances as a student is permitted to speak to and attempt to share nonreligious viewpoints with other students;
4. (4) Possess or distribute religious literature in a public school, subject to reasonable time, place and manner restrictions to the same extent and under the same circumstances as a student is permitted to possess or distribute literature on nonreligious topics or subjects in the school; and
5. (5) Be absent, in accordance with LEA attendance policy, from a public school to observe religious holidays and participate in other religious practices to the same extent and under the same circumstances as a student is permitted to be absent from a public school for nonreligious purposes.
(c) No action may be maintained pursuant to this part unless the student has exhausted the following administrative remedies:
1. (1) The student or the student's parent or guardian shall state their complaint to the school's principal;
2. (2) If the concerns are not resolved, then the student or the student's parent or guardian shall make complaint in writing to the director of schools with the specific facts of the alleged violation;
3. (3) The director of schools shall investigate and take appropriate action to ensure the rights of the student are resolved within thirty (30) days of receiving the written complaint; and
4. (4) Only after the director of schools' investigation and action may a student or the student's parent or guardian pursue any other legal action pursuant to this part.
(d) If a right of a student established under this section is violated by a public school, the student may assert the violation as a cause of action or a defense in a judicial proceeding and obtain appropriate relief against the public school. The action shall be brought in the circuit or chancery court where the violation occurred or where the student resides. Standing to assert a cause of action or defense under this section shall be governed by the Tennessee rules of civil procedure and common law interpretations of those rules.
(e) A student prevailing in a claim brought against a public school for a violation of this section or an action brought by a public school against a student for conduct covered by this section shall be entitled to reasonable attorney fees, court costs and the cost of bringing or defending the action.

1 Backlink

49-6-1802(b)

§ 49-6-2905. Construction with first amendment establishment clause.

(a) Nothing in this part shall be construed to affect, interpret or in any way address the establishment clause.
(b) The specification of religious liberty or free speech rights in §§ 49-6-2901 — 49-6-2906 shall not be construed to exclude or limit religious liberty or free speech rights otherwise protected by federal, state or local law.

§ 49-6-2906. Teachers and administrators not to violate the first amendment establishment clause.

Nothing in this part shall be construed to support, encourage or permit a teacher, administrator or other employee of the public schools to lead, direct or encourage any religious or antireligious activity in violation of that portion of the first amendment of the United States constitution prohibiting laws respecting an establishment of religion.

2 Backlinks

§ 49-6-2907. Voluntary participation of personnel in religious activities on school grounds.

(a) LEAs and school administrators may not prohibit personnel from participating in religious activities on school grounds that are initiated by students at reasonable times before or after the instructional day so long as such activities are voluntary for all parties and do not conflict with the responsibilities or assignments of such personnel.
(b) Nothing in this section shall prohibit LEAs and school administrators from allowing personnel to participate in other constitutionally permissible religious activities on school grounds.

Part 30 Attendance

§ 49-6-3001. School age — Entrance — Attendance — Withdrawal.

(a) The public schools are free to all persons residing within the state who are above five (5) years of age, or who will become five (5) years of age on or before August 15.
(b)
1. (1) Any child residing within the state who is five (5) years of age, or who will become five (5) years of age on or before August 15, may enter the public school designated by the local board of education having appropriate jurisdiction at the beginning of the term; provided, that the child enters within thirty (30) days after the opening day of the term.
2. (2)
  1. (A) Any child who will not become five (5) years of age until after December 31 shall not enter school during that school year; provided, that LEAs having semiannual promotions may admit, at the beginning of any semester, children who will become five (5) years of age within sixty (60) days following the opening of the semester.
  2. (B) Notwithstanding subdivision (b)(2)(A), if the director of schools finds through evaluation and testing, at the request of the parent or legal guardian, that a child who is five (5) years of age on or before September 30 is sufficiently mature emotionally and academically, then the child may be permitted to enter kindergarten.
3. (3) Where a student meets the requirements of the state board of education for transfer or admission purposes, the student may be admitted by a local board of education, notwithstanding any other provision or act to the contrary.
(c)
1. (1) Every parent, guardian or other legal custodian residing within this state having control or charge of any child or children between six (6) years of age and seventeen (17) years of age, both inclusive, shall cause the child or children to attend public or nonpublic school, and in event of failure to do so, shall be subject to the penalties provided in this part. If a student transfers from a school to another school in the same LEA, the LEA shall remit copies of the student's records, including the student's disciplinary records, to the school to which the student transfers. If a student transfers from an LEA to another LEA, then the LEA from which a student transfers shall remit copies of the student's records, including the student's disciplinary records, to the LEA to which the student transfers. All records shall be remitted in accordance with the Family Education Rights and Privacy Act (20 U.S.C. § 1232g).
  1 Backlink
  - 49-6-2603(a)(1)
2. (2) Subdivision (c)(1) does not apply to any child who:
  1. (A) Has received a diploma or other certificate of graduation issued to the person from a secondary high school of this state or any other state;
  2. (B) Is enrolled and making satisfactory progress in a course leading to a high school equivalency credential approved by the state board of education from a state-approved institution or organization, or who has obtained a high school equivalency credential approved by the state board of education. Any institution or organization that enrolls a child who is under eighteen (18) years of age shall provide a report to the local board of education at least three (3) times each year relative to the progress of all such persons under eighteen (18) years of age. If the local board of education determines any child under eighteen (18) years of age is not making satisfactory progress, then the child shall be subject to subdivision (c)(1);
  3. (C) Is six (6) years of age or younger and whose parent or guardian has filed a notice of intent to conduct a home school with the director of the LEA or with the director of a church-related school; or
  4. (D) A student enrolled in a home school who has reached seventeen (17) years of age.
3. (3) As used in this part, “public school” and “nonpublic school” are defined as follows:
  1. (A) “Nonpublic school” means a church-related school, home school or private school;
    1. (i) “Church-related school” means a school as defined in § 49-50-801;
    2. (ii) “Home school” means a school as defined in § 49-6-3050; and
    3. (iii) “Private school” means a school accredited by, or a member of, an organization or association approved by the state board of education as an organization accrediting or setting academic requirements in schools, or that has been approved by the state, or is in the future approved by the commissioner in accordance with rules promulgated by the state board of education; and
      3 Backlinks
      
      49-1-1102(3)
      49-6-2602(9)
      49-6-2603(a)(1)
  2. (B) “Public school” means any school operated by an LEA or by the state with public funds.
  2 Backlinks
  - 49-1-302(i)(1)(F)
  - 49-6-3005(a)
4. (4) A parent or guardian with any good and substantial reason as determined by the parent or other person having legal custody of a child, and agreed to by the respective local board of education, may withdraw the parent's or other person's child from a public school; provided, that within thirty (30) days the parent or person having legal custody of the child places the child in a public school designated by the local board of education or in a nonpublic school.
  1 Backlink
  - 49-6-3050(b)(1)
5. (5) A parent or guardian who believes that the parent's or guardian's child is not ready to attend school at the designated age of mandatory attendance may make application to the principal of the public school that the child would attend for a one (1) semester or one (1) year deferral in required attendance. The deferral shall be reported to the director of the LEA by the principal.
6. (6) Notwithstanding any other law to the contrary, a person designated as a caregiver with the power of attorney for care of a minor child pursuant to title 34, chapter 6, part 3 shall have the right to enroll the minor child in the LEA serving the area where the caregiver resides. The LEA shall allow a caregiver with a properly executed power of attorney for care of a minor child, pursuant to title 34, chapter 6, part 3, to enroll the minor child, but may require documentation of the minor child's residence with a caregiver or documentation or other verification of the validity of the stated hardship prior to enrollment. If the minor child ceases to reside with the caregiver, then the caregiver shall notify any person, school or health care provider that has been provided documentation of the power of attorney for care of a minor child. Except where limited by federal law, the caregiver shall be assigned the rights, duties and responsibilities that would otherwise be assigned to the parent, legal guardian or legal custodian pursuant to this title. If at any time the parent or legal guardian disagrees with the decision of the caregiver or chooses to make any educational decisions for the minor child, then the parent must revoke the power of attorney and provide the LEA written documentation of the revocation.

§ 49-6-3002. State attendance guidelines — No penalty for period of hospital or homebound instruction.

(a) The state board of education shall promulgate rules, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, that prescribe guidelines for use by local boards of education in establishing standards and policies governing student attendance, subject to availability of funds. The guidelines shall include, but not be limited to, the following stipulations:
1. (1) Attendance policies shall be firm but fair so that each student has a reasonable opportunity to meet the minimum requirements;
2. (2) Effective accounting and reporting procedures shall be developed to keep parents or guardians informed of a student's absence from class;
3. (3) Policies shall accommodate extenuating circumstances created by emergencies over which the student has no control;
4. (4) Appeal procedures shall be included to assure the student's right of due process; and
5. (5) Alternative programs shall be established to provide educational options for any student who severely fails to meet minimum attendance requirements.
(b) Notwithstanding any law to the contrary, if a student is unable to attend regular classes because of illness, injury or pregnancy and if the student has participated in a program of hospital or homebound instruction administered or approved by the LEA, then the student shall not be penalized for grading purposes nor be denied course completion, grade level advancement or graduation solely on the basis of the student's absence from the regular classroom during the period of the hospital or homebound instruction.
1 Backlink
- 49-2-203(b)(7)
(c)
1. (1) Notwithstanding any law to the contrary, if a student is unable to attend regular classes pursuant to a summons, subpoena, court order, statute or rule, then the student's absence shall be an excused absence and the student shall be afforded the opportunity to complete all assignments missed for this purpose.
2. (2) Subdivision (c)(1) shall not apply if a student's absence is:
  1. (A) The result of a commission of a delinquent act and notice of intent to transfer the student to criminal court has been provided pursuant to § 37-1-134; or
  2. (B) For detention purposes pursuant to § 37-1-114(c).

1 Backlink

49-2-203(a)(11)

§ 49-6-3003. Tuition or other fees.

(a)
1. (1) No tuition or fee shall be charged by any city or special school district except to pupils residing outside the city or district.
2. (2) Tuition or fees that may be charged to pupils residing outside the city or district but within the county shall not exceed per pupil, per annum, an amount equal to the amount of funds actually raised and used for school purposes from the city or special school district sources during the preceding school year, including tuition and fees, divided by the number of pupils in average daily attendance in the public schools of the city or district during the preceding school year.
(b)
1. (1) Tuition and fees may be charged by any county to pupils not residing in that county. Tuition and fees may also be charged by any county to all pupils for voluntary programs that occur outside the required one hundred eighty (180) instructional days, unless the state funds the entire cost of the instruction.
2. (2) Tuition and fees charged by a county may not exceed per pupil, per annum, an amount equal to the amount of funds actually raised and used for school purposes by the county, divided by the number of pupils in average daily attendance in the county schools during the preceding school year. Any per pupil tuition payment shall be reduced by any amount of funds transferred by the transferring pupil's county of residence under § 49-6-3104.
2 Backlinks
- 49-6-3112(a)(1)
- 49-6-3112(c)
(c)
1. (1)
  1. (A) Any parent, guardian or other legal custodian who enrolls an out-of-district student in a school district and fraudulently represents the address for the domicile of the student for enrollment purposes is liable for restitution to the school district for an amount equal to the local per pupil expenditure identified by the Tennessee department of education for the district in which the student is fraudulently enrolled.
  2. (B) Any parent, guardian or other legal custodian who enrolls an out-of-state student in a school district and fraudulently represents the address for the domicile of the student for enrollment purposes is liable for restitution to the school district for an amount equal to the state and local per pupil expenditure identified by the Tennessee department of education for the district in which the student is fraudulently enrolled.
2. (2)
  1. (A) Restitution shall be cumulative for each year the child has been fraudulently enrolled in the system. The restitution shall be payable to the school district and, when litigation is necessary to recover restitution, the parent, guardian or other legal custodian shall be liable for costs and fees, including reasonable attorneys' fees, incurred by the school district.
  2. (B) An action for restitution shall be brought by or on behalf of the district in the circuit or chancery court in which the district is located within one (1) year of the date the fraudulent representation occurred or was discovered, whichever is later. In no event shall the action be brought more than six (6) years after the date on which the fraudulent enrollment occurred.

4 Backlinks

§ 49-6-3004. School term.

(a) Each public school system shall maintain a term of no less than two hundred (200) days, divided as follows:
1. (1) One hundred eighty (180) days for classroom instruction;
2. (2) Ten (10) days for vacation with pay for a two hundred-day term, eleven (11) days for vacation with pay for a two hundred twenty-day term, and twelve (12) days for vacation with pay for a two hundred forty-day term;
3. (3) Five (5) days for in-service education;
4. (4) One (1) day for teacher-parent conferences;
5. (5) Four (4) other days as designated by the local board of education upon the recommendation of the director of schools; and
6. (6)
  1. (A) In the event of a natural disaster or serious outbreaks of illness affecting or endangering students or staff during a school year, the commissioner of education may waive for that school year the requirement under subdivision (a)(1) of one hundred eighty (180) days of classroom instruction, if a request is submitted to the commissioner by the director of schools. The waiver request may be for the entire LEA or for individual schools within the LEA;
  2. (B) Notwithstanding subdivisions (a)(1) and (6)(A), the commissioner of education shall waive the requirement under subdivision (a)(1) of one hundred eighty (180) days of classroom instruction for the 2019-2020 school year. This subdivision (a)(6)(B) does not prohibit a school from continuing classroom instruction after being issued a waiver from the commissioner pursuant to this subdivision (a)(6)(B).
(b) Vacation days shall be in accordance with policies recommended by the local director of schools and adopted by the local board of education.
(c)
1. (1)
  1. (A) In-service days shall be used according to a plan recommended by the local director of schools in accordance with this section and other applicable statutes and adopted by the local board of education, a copy of which plan shall be filed with the commissioner of education on or before June 1 of the preceding school year and approved by the commissioner. The commissioner shall require that in-service training include at least two (2) hours of suicide prevention education for all teachers and principals each school year. This education may be accomplished through self-review of suitable suicide prevention materials. The commissioner shall also encourage the use of two (2) of the in-service training days to provide training to teachers, principals and other school personnel, and, to the extent possible, school board members, on issues of prevention and intervention strategies for students in the area of behavioral/emotional disorders. The training shall place an emphasis on understanding the warning signs of early-onset mental illness in children and adolescents and may be conducted by school counseling personnel, such as psychologists, social workers, guidance counselors or health faculty, by mental health clinicians or by approved personnel from mental health advocacy organizations using curricula approved by the departments of education and mental health and substance abuse services. In addition to other training and resources authorized by this chapter, the department of education shall, within available resources, collaborate with institutions of higher education to formally address dyslexia and similar reading disorders by providing kindergarten through twelfth grade (K-12) educators and teachers web-based or in-person training providing effective instruction for teaching students with dyslexia using appropriate scientific research and brain-based multisensory intervention methods and strategies.
    1 Backlink
    
    49-5-5619(a)(3)(C)
  2. (B) Each local board of education shall require that each employee of the LEA who works directly with students in the LEA receive, once every three (3) years, in-service training on the detection, intervention, prevention, and treatment of human trafficking in which the victim is a child, which must be accomplished through the viewing of a video recording approved by the LEA. The plan recommended by the director of schools and adopted by the local board of education under subdivision (c)(1)(A) must specify the amount of in-service credit that an employee will receive for viewing the video required in this subdivision (c)(1)(B). The local board of education shall maintain a record of each employee who completes the in-service training required in this subdivision (c)(1)(B). This subdivision (c)(1)(B) does not excuse an LEA from having to comply with the in-service training and reporting requirements of § 37-1-408.
  2 Backlinks
  - 49-10-1304(j)
  - 49-6-1901
2. (2) The needs of apprentice teachers shall be given priority in the planning of in-service activities. Apprentice teachers shall be assisted by supervising teachers in the development of competencies required by the local board of education.
3. (3) The plan shall also give priority to staff development activities. Staff development activities shall include an assessment of teacher and administrator evaluations made previously by the local school system. Career level III teachers and career level III supervisors shall be assigned to aid those teachers seeking to improve teaching competencies.
(d) The state board of education shall develop a policy governing professional development activities during in-service education within the guidelines adopted by the general assembly.
(e)
1. (1) A local board of education or private or church-related school that exceeds the full six and one-half (6½) hours instructional time required by law by one-half (½) hour daily for the full academic year shall be credited with the additional instructional time. The excess instructional time may be accumulated in amounts up to, but not exceeding, thirteen (13) instructional days each year, and applied toward meeting instructional time requirements missed due to dangerous or extreme weather conditions and for serious outbreaks of illness affecting or endangering students or staff. Upon approval by the commissioner, the excess instructional time may be used in case of natural disaster or dangerous structural or environmental conditions rendering a school unsafe for use. This excess accumulated instructional time may be used for early student dismissal for faculty professional development under rules promulgated by the board of education. Such time may be used in whole day (six and one-half (6½) hour) increments and may be used for faculty professional development, individualized education program (IEP) team meetings, school-wide or system-wide instructional planning meetings, parent-teacher conferences, or other similar meetings. The board shall consult with the commissioner in developing the rules. All proposals for use of excess time for professional development and instructional planning meetings shall be approved by the commissioner. Additionally, the commissioner is authorized to approve directly proportional variations from the one-half-hour extension of the school day and the corresponding accumulation of thirteen (13) days of adjustments to the instructional time requirements.
2. (2) Any unused accumulated days for excess instructional time shall not carry over to a school year other than the year in which the time was accumulated.
(f) Beginning with the 2010-2011 school year and every year thereafter, LEAs shall commence the school year no earlier than August 1 unless the LEA's board of education votes by a majority of its membership to establish a year-round or alternative calendar for all or any of the schools within its jurisdiction in accordance with department of education attendance policies.
(g) The length of term selected by a local board, and the length of the school day corresponding to that term, shall not affect either the amount or timing of payments made to the LEA under the Tennessee investment in student achievement formula (TISA) or otherwise, if the LEA operates for the full chosen term. Equally, the length of term and the length of day shall not affect the compensation of any teacher employed for the length of that term.
(h) Any LEA operating a virtual school or virtual education program shall make available the same length of time for learning opportunities per academic year as required under this section to any student participating in its program. The LEA shall, however, also permit a student to move at the student's own pace. The student shall demonstrate mastery, competency and completion of a course or subject area to be given credit for the course or subject area. If a student successfully completes a course or grade level more than thirty (30) days before the end of the term, the student shall begin work in the next appropriate course or grade. The academic program shall continue until the end of the academic year.
(i)
1. (1) An LEA may provide up to two (2) days each semester of the required one hundred eighty (180) days of classroom instruction pursuant to subdivision (a)(1) via remote instruction in accordance with this subsection (i).
2. (2) An LEA may require a class, school, or all schools of the LEA to utilize remote instruction in the event of dangerous or extreme weather conditions or of serious outbreaks of illness affecting or endangering students or staff.
3. (3) An LEA may require a class, school, or all schools of the LEA to utilize remote instruction on days that the school administers end-of-course assessments or the assessment required pursuant to § 49-6-6001(b)(1); provided, that the students who are administered the end-of-course assessments or the assessment required pursuant to § 49-6-6001(b)(1) take the assessments in person.
4. (4) An LEA that provides remote instruction pursuant to this subsection (i) shall provide:
  1. (A) Students enrolled in kindergarten access to at least four (4) hours of instruction each day; and
  2. (B) Students enrolled in grades one through twelve (1-12) access to at least six and one-half (6½) hours of instruction each day.
5. (5) In tracking daily student attendance and compliance with state school attendance and truancy intervention laws, an LEA shall implement policies and procedures for the LEA to request and receive daily visual, verbal, or written confirmation of student participation in instructional time; determine excused versus unexcused student absences; and implement interventions to address student absences during remote instruction.
6. (6) An LEA that provides remote instruction pursuant to this subsection (i) shall comply with all state and federal laws, rules, and policies.
7. (7) An LEA shall:
  1. (A) Make school meals available to students in accordance with the school nutrition program requirements on days that remote instruction is provided pursuant to this subsection (i); and
  2. (B) Make services required by a student's individualized education program (IEP) available to the student on days that remote instruction is provided pursuant to this subsection (i).
8. (8) As used in this subsection (i), “remote instruction” means instruction that takes place when a teacher does not provide in-person instruction to students within the traditional school setting.

3 Backlinks

§ 49-6-3005. Children excused from compulsory attendance.

(a) The following classes of children between six (6) and seventeen (17) years of age, both inclusive, shall be temporarily excused from complying with this part, the local board of education to be sole judge in all such cases involving children who are enrolled in a public school and, as to children enrolled in a nonpublic school, as defined by § 49-6-3001(c)(3), the director of schools of the school to be the sole judge in all such cases:
1. (1) Children mentally or physically incapacitated to perform school duties, such disability to be attested by a duly licensed physician in all cases;
2. (2) Children who have completed high school and hold a high school diploma;
3. (3) Children temporarily excused from attendance in school under rules and regulations promulgated by the state board of education, which rules and regulations shall not be in conflict with § 50-5-103 or any other law governing child labor in this state;
4. (4) Children six (6) years of age or under whose parent or guardian have filed a notice of intent to conduct a home school as provided by § 49-6-3001 or who are conducting a home school as provided by § 49-6-3050; and
5. (5) Children who have attained their seventeenth birthday and whose continued compulsory attendance, in the opinion of the board of education in charge of the school to which the children belong and are enrolled, results in detriment to good order and discipline and to the instruction of other students and is not of substantial benefit to the children.
(b) In all cases described in subsection (a), the board shall first obtain the recommendation in writing from the director of schools of the system and the principal of the school to which the child or children belong.
(c) No child who is refused attendance in a school nearer to the child's residence having equivalent grade levels and curriculum shall be required to attend public or nonpublic school as provided in § 49-6-3001.
(d) In addition to the categories of children specified in subsection (a), the local board of education may excuse children from attendance in accordance with guidelines developed by the state board of education for this purpose.

2 Backlinks

§ 49-6-3006. Attendance supervisor.

(a) The sole responsibility and authority for the enforcement of the compulsory attendance laws, compiled in this part, are placed in the local board of education and its designated employees and officers.
(b) To facilitate the enforcement of the compulsory attendance laws, the director of schools shall designate at least one (1) qualified employee who shall be identified as the LEA attendance supervisor. The duties of an attendance supervisor include, but are not limited to, assisting the local board, under the direction of the director of schools, with the enforcement of the compulsory attendance laws of the state and to discharge other duties that are necessary to effectuate enforcement of laws and local policies related to absenteeism and truancy. The attendance supervisor may also be directed to devise and recommend to the director of schools, for board approval, a progressive truancy plan consistent with § 49-6-3009.
(c) The state board of education is authorized to promulgate rules regarding training, licensure, and employment qualifications of attendance supervisors.

§ 49-6-3007. List of students — Reports of attendance — Enforcement of compulsory attendance — List of truant students.

(a) By the beginning of each school year, the director of schools shall furnish, or cause to be furnished through the attendance supervisor, to the principal of each school a list of students who will attend the school together with the names of the students' parents or guardians. The lists must be taken from the census enumeration on file in the office of the director of schools or from any other available and reliable source.
(b) After the opening of school, each principal of a public school must report to the director of schools the names of all students on the list furnished to the principal who have not appeared for enrollment.
(c) A principal or head of school of a public, nonpublic, or church-related school must report to the director of schools of the LEA in which the school is located the names, ages, and residences of all students in attendance at the school within thirty (30) days after the beginning of the school year. The principal or head of school of a public, nonpublic, or church-related school must make other reports of attendance in the school, including transfers of students, as may be required by the local board of education, the state board of education, or the department of education. Notwithstanding subsection (f), this subsection (c) applies to any student less than six (6) years of age who is enrolled in kindergarten in any school to which this subsection (c) is applicable.
(d) All public, nonpublic, and church-related schools shall keep daily reports of attendance, verified by the teacher making the record, that shall be open to inspection at all reasonable times by the director of schools of the LEA in which the school is located, or the director's duly authorized representative. Notwithstanding subsection (f), this subsection (d) applies to any child less than six (6) years of age who is enrolled in kindergarten in any school to which this subsection (d) is applicable.
(e)
1. (1) By the beginning of each school year, the principal or head of school of a public, nonpublic, or church-related school shall give written notice to the parent, guardian, or person having control of a student subject to compulsory attendance that the parent, guardian, or other person having control of the student must monitor the student's school attendance and require the student to attend school. The written notice must inform the parent, guardian, or other person having control of a student that a student who accumulates five (5) days of unexcused absences during the school year is subject to the LEA's progressive truancy interventions and that continued unexcused absences may result in a referral to juvenile court. The five (5) days of unexcused absences need not be five (5) consecutive days of unexcused absences.
  1 Backlink
  - 49-6-3009(d)
2. (2) The principal of a public school must report promptly to the director of schools, or to the attendance supervisor, the names of all students who have withdrawn from school or who have accumulated three (3) days of unexcused absences. Upon a student's accumulation of three (3) days of unexcused absences, the director of schools or the attendance supervisor may serve, or cause to be served, upon the parent, guardian, or other person having control of a child subject to compulsory attendance who is unlawfully absent from school, written notice that the child's attendance at school is required by law.
3. (3) Additionally, the principal of a public school must report promptly to the director of schools, or to the attendance supervisor, the names of all students who have withdrawn from school or who have accumulated five (5) days of unexcused absences. Each successive accumulation of five (5) days of unexcused absences by a student must also be reported.
4. (4)
  1. (A) When a student accumulates five (5) days of unexcused absences, the director of schools or attendance supervisor shall serve, or cause to be served, upon the parent, guardian, or other person having control of a child subject to compulsory attendance who is unlawfully absent from school written notice that the child's attendance at school is required by law. The director of schools or attendance supervisor shall send a new notice after each successive accumulation of five (5) unexcused absences.
  2. (B) After the child has accumulated five (5) unexcused absences, and after given adequate time, as determined by director of schools or attendance supervisor, the child's parent, guardian, or other person having control of the child has failed to turn in documentation to excuse those absences, the director of schools or attendance supervisor shall implement the truancy intervention requirements of the second tier of the progressive truancy plan as described in § 49-6-3009.
  3. (C) This section does not prohibit a local board of education from adopting a progressive truancy plan that allows the LEA to take intervention actions before those required in this subsection (e). Such actions may include any of the truancy intervention actions required for the second or third tier of the LEA's progressive truancy plan.
(f) Except as otherwise provided by § 49-6-3001 or § 49-6-3005, this section is applicable to a child less than six (6) years of age and the child's parent, guardian, or other person having control of a child, when such person has enrolled the child in a public school; provided, that a child may be withdrawn within six (6) weeks of initial enrollment without penalty.
(g) For the purposes of this part, for recording and coding student absences from school because of disciplinary actions, the following definitions apply:
1. (1) “Expulsion” means removal from attendance for more than ten (10) consecutive days or more than fifteen (15) days in a month of school attendance. Multiple suspensions that occur consecutively constitute expulsion. The LEA is not eligible to receive funding for an expelled student;
2. (2) “Remand” means assignment to an alternative school. The student so assigned shall be included in average daily attendance and average daily membership and shall continue to be counted as present for funding purposes. The department of education shall establish a set of codes to be used for reporting reasons that students are remanded to an alternative school; and
3. (3) “Suspension” means dismissal for any reason from attendance at school not exceeding ten (10) consecutive days. Multiple suspensions shall not run consecutively, nor shall multiple suspensions be applied to avoid expulsion from school. The LEA remains eligible to receive funding for a suspended student.
(h)
1. (1)
  1. (A) An LEA may enter into an agreement with the local law enforcement agency serving the LEA's area and the appropriate local government in that area to assist in the enforcement of compulsory attendance upon complying with the following conditions:
    1. (i) Creation by the local board of education of an advisory council to assist the board in formulating the agreement. The board must include representatives of teachers, parents, administrators, and other community representatives;
    2. (ii) Receipt of input from neighborhood groups and other interested parties; and
    3. (iii) At least one (1) public hearing on the proposed agreement prior to its adoption by the board.
  2. (B) The agreement must provide for:
    1. (i) Training teachers, principals, social workers, and other school personnel concerning truancy issues;
    2. (ii) Training of involved law enforcement personnel in the truancy law, including categories of students to which the law does not apply, such as nonpublic school students or home school students; and
    3. (iii) Safeguards to protect students from discriminatory or selective enforcement and to protect the civil rights of students and parents.
  3. (C) If an LEA enters into an agreement, then every public school principal or teacher employed by the LEA must report promptly to the director of schools, or the director's designated representative, the names of all students who accumulated five (5) days of unexcused absences and continue to report each subsequent unexcused absence. The five (5) days of unexcused absences need not be five (5) consecutive days of unexcused absences.
2. (2) If a student accumulates five (5) days of unexcused absences, the director of schools shall serve, or cause to be served, upon the parent, guardian, or other person having control of the student written notice that the student's attendance at school is required. The notice must inform the parent, guardian, or other person having control of the student of this subsection (h).
3. (3) Under the agreement, and for purposes of this section and § 37-1-102(b)(32)(A), a student who accumulates three (3) days of unexcused absences may be deemed habitually truant.
4. (4) The director of schools or the director's representative may issue a list of truant students to the local law enforcement agency for the purpose of allowing the law enforcement agency to take the student into temporary custody when the student is found away from the school premises, without adequate excuse, during school hours, in a public place, in any public or private conveyance, or in any place of business open to the public, unless accompanied by a parent, guardian, or other person having control of the student. The agreement shall specify that the law enforcement officer's sole function is to deliver the student to:
  1. (A) The parent, guardian, or other person having control of the student;
  2. (B) The principal of the school in which the student is enrolled;
  3. (C) A truancy center established by the LEA; or
  4. (D) The juvenile court, if the juvenile court and the local law enforcement agency have entered into a local interagency agreement.
    1 Backlink
    
    49-6-3009(h)
5. (5) The powers conferred under such agreements may be exercised without warrant and without subsequent legal proceedings.
6. (6) This subsection (h) does not apply to students enrolled in nonpublic schools, home schools under § 49-6-3050, or church-related schools under § 49-50-801.
7. (7) Upon issuance of a standing order by the juvenile court, LEA officials shall be allowed to release student record information to local law enforcement agencies and to juvenile justice system officials to assist the officials in effectively serving the student whose record is released. Officials and authorities receiving the information shall not disclose the information to any other party without prior written consent of the parent. Release of a student record must comply with the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g), § 10-7-504, and other relevant state and federal privacy laws.

7 Backlinks

§ 49-6-3008. Truancy — Inspections and investigations.

(a) The director of schools of any local school system, or the director of schools' designated representative, has the right to visit and enter any office, factory or business house employing children belonging to schools within the director of schools' jurisdiction and to require properly attested certificates of attendance or employment permit of any child in a day school or a valid work permit for the child.
(b) When reasonable doubt exists as to the age of any child who violates this part, the director of schools or the director of schools' designated representative shall require satisfactory proof of age.
(c) Any parent, guardian or other person having charge or control of any child embraced within this part who makes a false statement concerning the age of the child or the time that the child has attended school commits a Class C misdemeanor.

§ 49-6-3009. Educational neglect — Progressive truancy plans that implement tiers of intervention — Referral to juvenile court.

(a) Any parent, guardian, or other person who has control of a child, and who violates this part commits educational neglect, which is a Class C misdemeanor.
(b) Each day's unlawful absence constitutes a separate offense.
(c) A director of schools or attendance supervisor shall devise and recommend, and the local board of education shall adopt, a progressive truancy plan that implements tiers of intervention for students who violate compulsory attendance requirements prior to the filing of a truancy petition or a criminal prosecution for educational neglect. These interventions must be designed to address student conduct related to truancy in the school setting and minimize the need for referrals to juvenile court.
(d) Progressive truancy plans adopted by local boards of education pursuant to subsection (c) must be applied prior to referral to juvenile court as described in § 49-6-3007(e)(1). Beginning with the 2021-2022 school year, progressive truancy plans must include a first tier of truancy prevention that is applicable to all enrolled students, and a second and third tier of truancy intervention required for students who have accumulated a minimum of five (5) days of unexcused absences. Beginning with the 2021-2022 school year, progressive truancy plans must meet the following requirements:
1. (1) Tier one of the progressive truancy plan must include schoolwide, prevention-oriented supports;
2. (2) Tier two must be implemented upon a student's accumulation of five (5) unexcused absences, as specified in the LEA's progressive truancy plan, and must include, at a minimum:
  1. (A) A conference with the student and the parent, guardian, or other person having control of the student;
  2. (B) A resulting attendance contract to be signed by the student, the parent, guardian, or other person having control of the student, and an attendance supervisor or designee. The contract must include:
    1. (i) A specific description of the school's attendance expectations for the student;
    2. (ii) The period for which the contract is in effect; and
    3. (iii) Penalties for additional absences and alleged school offenses, including additional disciplinary action and potential referral to juvenile court;
  3. (C) Regularly scheduled follow-up meetings, which may be with the student and the parent, guardian, or other person having control of the student to discuss the student's progress;
  4. (D) An individualized assessment by a school employee of the reasons a student has been absent from school; and
  5. (E) If necessary, referral of the child to counseling, community-based services, or other in-school or out-of-school services aimed at addressing the student's attendance problems; and
3. (3) Tier three must be implemented if the truancy interventions under tier two are unsuccessful. Tier three may consist of one (1) or more of the following:
  1. (A) School-based community services;
  2. (B) Participation in a school-based restorative justice program;
  3. (C) Referral to a school-based teen court; or
  4. (D) Saturday or after-school courses designed to improve attendance and behavior.
(e) In-school suspension or out-of-school suspension must not be used as part of the progressive truancy plans adopted by schools for unexcused absence from class or school.
(f)
1. (1) Notwithstanding subsections (d) and (g), if any tier of progressive truancy intervention is unsuccessful with a student and the school can document that the student's parent or guardian is unwilling to cooperate with the truancy intervention requirements outlined in the progressive truancy plan, then the director of schools, or the director's designee, may report the student's absences to the appropriate judge pursuant to subsection (g) without first having to implement subsequent intervention tiers, if any.
2. (2) For purposes of this subsection (f), evidence of a parent's or guardian's unwillingness to cooperate with the truancy intervention requirements outlined in the progressive truancy plan includes, but is not limited to, a parent's or guardian's failure or refusal, on multiple occasions, to attend conferences, return telephone calls, attend follow-up meetings, enter into an attendance contract, or actively participate in any of the tiers of truancy intervention outlined in subsection (d) or in the local board of education's progressive truancy plan.
(g) If an LEA has applied a progressive truancy plan that complies with subsection (d) and interventions under the plan have failed to meaningfully address the student's school attendance, the director of schools, after written notice to the parent, guardian, or other person having control of the student, shall report the student who is unlawfully absent from school to the appropriate judge having juvenile jurisdiction in that county. Each case must be dealt with in such manner as the judge may determine to be in the best interest of the student, consistent with §§ 37-1-132, 37-1-168, and 37-1-169. In the event a student in kindergarten through grade twelve (K-12) is adjudicated to be unruly because the student has accumulated five (5) days or more of unexcused absences during any school year, the judge may assess a fine of up to fifty dollars ($50.00) or five (5) hours of community service, in the discretion of the judge, against the parent or legal guardian of the student.
(h) Each referral to juvenile court for conduct described in subsection (g) and § 49-6-3007(h)(4)(D) must be accompanied by a statement from the student's school certifying that:
1. (1) The school applied the progressive truancy interventions of the progressive truancy plan adopted under subsection (d) for the student; and
2. (2) The progressive truancy interventions failed to meaningfully address the student's school attendance.
(i) A court shall dismiss a complaint or referral made by an LEA under this section that is not made in compliance with subsection (h).
(j) Notwithstanding any other law, each LEA having previously adopted an effective progressive truancy intervention program that substantially conforms to this section may present the intervention program to the commissioner of education for approval in lieu of strict compliance with this section. If the commissioner does not approve the intervention plan, the LEA shall modify the plan according to the commissioner's recommendations and resubmit the revised plan for approval by the commissioner.
(k) Each head of school of a nonpublic or church-related school shall recommend, and the governing board of the school shall adopt, a policy addressing compulsory attendance and truancy that describes the interventions that the school will employ for violations of the compulsory attendance laws. The policy shall provide that the director of schools or the attendance supervisor in the LEA where the student's home of record is located will be notified in the event that a student at a nonpublic or church-related school is expelled or withdraws from school.
(l) Parents, guardians, or other persons having control of a student who is required to attend remedial instruction under § 49-6-3021 commit educational neglect, as defined in subsection (a), if the student is truant from the instruction.
(m) For purposes of this section, all references to “intervention,” “truancy intervention,” or “progressive truancy intervention” are deemed references to the truancy interventions of the second and third tiers of a progressive truancy plan.

3 Backlinks

§ 49-6-3010. Jurisdiction of school attendance cases.

(a) Each judge of a juvenile court or court of general sessions is vested with the power to hear all cases coming within this part; provided, that in all cities maintaining a separate system of schools, the city recorder or city judge may try such cases coming within the official's jurisdiction.
(b) Any party aggrieved may appeal to the circuit or criminal court from the action of the judge of the juvenile court or court of general sessions or city recorder.

§ 49-6-3011. Disposition of fines.

All moneys collected as fines for violations of this part shall be placed in the public school fund of the local school system in which the child resides. Fines may be recovered by rule or in any way that a court of law enforces its orders or decrees.

§ 49-6-3012. Truancy schools.

(a) The board of education having charge of the public schools of any local school system having a population of ten thousand (10,000) or more, according to the federal census of 1950 or any subsequent federal census, may establish a truancy school, either within or without the city limits, for children who are between seven (7) and sixteen (16) years of age, both inclusive, and who are habitual truants, or while in attendance at school are incorrigible, vicious, immoral or who habitually wander or loiter about without lawful employment.
(b) Such children shall be deemed disorderly juvenile persons, and may be compelled by the board to attend the truancy school or any department of the public school as the board may direct.
(c) Any board of education having charge of schools affected by this part shall have authority to exclude any delinquent pupil whose influence is deemed by the board to be demoralizing or injurious to other pupils attending the schools.

§ 49-6-3013. Children unable to buy books.

If satisfactory proof is presented that any child is unable to attend school as required by this part because the child is not able to procure books, the local board of education having charge of the school to which the child belongs shall purchase the books out of the public school fund of the local district and lend the books to the child under regulations prescribed by the board during the term the books are needed.

§ 49-6-3014. Children lacking clothing or food.

(a) If it is ascertained by any local board of education that any child who is required under this part to attend a school under the control of the board is unable to do so on account of lack of clothing or food, such case shall be reported to the welfare agency in the school district.
(b) Any worthy case not receiving immediate relief shall be reported by the board to the officials having charge of such work for investigation and relief.

§ 49-6-3015. [Reserved]

§ 49-6-3016. Special days and holidays.

(a) Thanksgiving Day and December 25 are set apart as holidays for all the public schools, and boards of education are authorized to pay the salary of teachers of all schools that have not closed their term for the year at the same rate as if the teachers had taught school on those holidays; provided, that the failure to teach on any other day or days within the scholastic term shall not be counted as time for which salary shall be allowed.
(b) The governor shall proclaim February of each year as American history month in this state. The governor shall issue a proclamation calling upon all elementary school teachers and all teachers of American history in secondary schools to arrange special programs at some time during American history month, and calling upon the people of the entire state to observe it in some fitting manner, having as their objectives the advancement of the study of American history and the promotion of American heritage.
(c) The month of February of each and every year is officially recognized and designated as “Tennessee and American History Month,” and the public schools, colleges and universities shall give due regard to such.

§ 49-6-3017. Minors withdrawn from secondary school — Denial of motor vehicle license or permit.

(a) For purposes of this section:
1. (1) Suspension or expulsion from school or confinement in a correctional institution is not a “circumstance beyond the control of the person”;
2. (2) [Deleted by 2022 amendment.]
3. (3) “Withdrawal” means more than ten (10) consecutive or fifteen (15) days total unexcused absences during a single semester.
(b) In accordance with title 55, chapter 50, the department of safety shall deny a license or instruction permit for the operation of a motor vehicle to any person under eighteen (18) years of age who does not at the time of application for a driver license present a diploma or other certificate of graduation issued to the person from a secondary high school of this state or any other state, or documentation that the person is:
1. (1) Enrolled in a course leading to a high school equivalency credential approved by the state board of education from a state-approved institution or organization, or has obtained a high school equivalency credential approved by the state board of education;
2. (2) Enrolled in a secondary school of this state or any other state; or
3. (3) Excused from such requirement due to circumstances beyond the applicant's control.
(c) The attendance teacher or director of schools shall provide documentation of enrollment status on a form approved by the department of education to any student fifteen (15) years of age or older upon request, who is properly enrolled in a school under the jurisdiction of the official for presentation to the department of safety on application for or reinstatement of an instruction permit or license to operate a motor vehicle. Whenever a student fifteen (15) years of age or older withdraws from school, except as provided in subsection (d), the attendance teacher or director of schools shall notify the department of safety of such withdrawal. Within five (5) days of receipt of the notice, the department shall send notice to the licensee that the license will be suspended under title 55, chapter 50, on the thirtieth day following the date the notice was sent, unless documentation of compliance with this section is received by the department before that time. After having withdrawn from school for the first time for the purpose of this section, a student may not be considered as being in compliance with this section until the student returns to school or attains eighteen (18) years of age. For second or subsequent withdrawals, a student shall have all driving privileges suspended until the student attains eighteen (18) years of age.
(d) Whenever the withdrawal from school of the student, the student's failure to enroll in a course leading to a high school equivalency credential approved by the state board of education or high school diploma is beyond the control of the student, or is for the purpose of transfer to another school as confirmed in writing by the student's parent or guardian, no notice shall be sent to the department to suspend the student's motor vehicle driver license. If the student is applying for a license, the attendance teacher or director of schools shall provide the student with documentation to present to the department of safety to excuse the student from this section. The school district director of schools, or the appropriate school official of any private secondary school, with the assistance of the attendance teacher and any other staff or school personnel, shall be the sole judge of whether withdrawal is due to circumstances beyond the control of the person.
(e) [Deleted by 2022 amendment.]
(f) [Deleted by 2022 amendment.]
(g) By September 1 of each year, the department of safety shall report to the education committee of the senate and the education administration committee of the house of representatives the number of students whose driver licenses were suspended in accordance with this section and title 55, chapter 50 during the school year immediately preceding the report date. The department of safety shall also report the number of students whose licenses were reinstated during such school year after such students had their licenses suspended and the total number of licenses granted to students during the school year.

5 Backlinks

§ 49-6-3018. Children serving as pages for general assembly.

A child who serves as a page of the general assembly during the school year, either at regular or special sessions, shall be credited as present by the school in which the child is enrolled in the same manner as an educational field trip. The child's participation as a page shall not be counted as an absence, either excused or unexcused.

§ 49-6-3019. Excused absence for deployment or return from deployment of parent or guardian in armed forces.

(a) Notwithstanding any other law to the contrary, if a student's parent, custodian or other person with legal custody or control of the student is a member of the United States armed forces, including a member of a state national guard or a reserve component called to federal active duty, a public school principal shall give the student:
1. (1) An excused absence for one (1) day when the member is deployed;
2. (2) An additional excused absence for one (1) day when the service member returns from deployment;
3. (3) Excused absences for up to ten (10) days for visitation when the member is granted rest and recuperation leave and is stationed out of the country; and
4. (4) Excused absences for up to ten (10) days cumulatively within the school year for visitation during the member's deployment cycle. Total excused absences under subdivisions (a)(3) and (4) shall not exceed a total of ten (10) days within the school year. The student shall provide documentation to the school as proof of the service member's deployment.
(b) Students receiving an excused absence under this section shall have the opportunity to make up school work missed and shall not have their class grades adversely affected for lack of class attendance or class participation due to the excused absence.

§ 49-6-3020. Documentation of student's withdrawal and transfer.

(a) An LEA shall document a student's withdrawal from a school and transfer to another school, system or state through the best information available. Such information may include documentation provided by relatives or community contacts, court documents, requests for records from a school to which the student transferred and other reasonable means of determining whether the withdrawing student enrolled in another school or program leading to a high school diploma. A permanent record containing all pertinent information with regard to a student's withdrawal from school, including the signature of the parent or guardian requesting withdrawal, and, to the extent possible, the student's future destination shall be kept.
(b) The department of education shall require an LEA to obtain formal written proof that a child who has moved out-of-state has enrolled in a school or program leading to the award of a regular high school diploma in order not to count such student as a dropout.

§ 49-6-3021. Remedial instruction outside of regular school day.

(a) This part shall apply to a student's attendance at any remedial instruction that is required by the student's school including, but not limited to, programs conducted during the summer and after the conclusion of the regular school day. The decision to require a student's attendance at such instruction shall be made by the principal of the student's school in coordination with any teachers who provide instruction to the student and any other appropriate school faculty. The principal shall make the decision as to when the student shall be released from the requirement of attending the remedial instruction. Students may be suspended or expelled from the program under § 49-6-3401.
(b) In making the determination under subsection (a) to require a student to attend a remediation program offered outside the regular school day, the principal shall consider the type of transportation available to the student and whether the student would face hardship in attending the program due to lack of transportation.
(c)
1. (1) The principal of a school shall report promptly to the director of schools, or the director's designated representative, the name of any student required to attend a remedial program who has been absent from the remedial program five (5) times without adequate excuse. The principal shall make the report after the fifth unexcused absence whether the absences have been consecutive or not. The principal shall also report each successive accumulation of five (5) unexcused absences by the student.
2. (2) If a student's unexcused absences from remedial instruction are reported to the director of schools, or the director's representative, then the director, or the director's representative, shall proceed, pursuant to § 49-6-3007, in the same manner as required for unexcused absences from the regular school day. The appropriate judge having juvenile jurisdiction in the county shall deal with the case in such manner as the judge may determine to be in the best interest of the child, consistent with §§ 37-1-132, 37-1-168 and 37-1-169 and in the event the child is adjudicated to be unruly, the judge may assess a fine of up to fifty dollars ($50.00) or five (5) hours of community service, in the discretion of the judge, against the parents or legal guardians of such student.
3. (3) This subsection (c) shall only apply to remedial programs that are offered at no cost to the parent; provided, that prior to the LEA requiring the student to attend the remedial program, the LEA commits to provide transportation to those students in the remedial program who qualify for transportation to and from school.

1 Backlink

49-6-3009(l)

§ 49-6-3022. Excused absence for participation in nonschool-sponsored extracurricular activity.

(a) A school principal or the principal's designee may excuse a student from school attendance to participate in a nonschool-sponsored extracurricular activity, if the following conditions are met:
1. (1) The student provides documentation to the school as proof of the student's participation in the nonschool-sponsored extracurricular activity; and
2. (2) The student's parent, custodian, or other person with legal custody or control of the student, prior to the extracurricular activity, submits to the principal or the principal's designee a written request for the excused absence. The written request shall be submitted no later than seven (7) business days prior to the student's absence. The written request shall include:
  1. (A) The student's full name and personal identification number;
  2. (B) The student's grade;
  3. (C) The dates of the student's absence;
  4. (D) The reason for the student's absence; and
  5. (E) The signature of both the student and the student's parent, custodian, or other person with legal custody or control of the student.
(b) The principal or the principal's designee shall approve, in writing, the student's participation in the nonschool-sponsored extracurricular activity.
(c) The principal may limit the number and duration of nonschool-sponsored extracurricular activities for which excused absences may be granted to a student during the school year.
(d) Notwithstanding subsection (c), the principal shall excuse no more than ten (10) absences each school year for students participating in nonschool-sponsored extracurricular activities.

1 Backlink

49-6-3026(a)

§ 49-6-3023. Rules to ensure incarcerated students provided educational services.

(a) The department of education shall develop rules to be adopted by the state board of education to ensure students incarcerated in detention centers licensed by the department of children's services under § 37-5-502 are provided educational services by an LEA serving the county in which the detention center is located.
(b) The rules developed under this section shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, and shall include, at a minimum, procedures for:
1. (1) The funding in an amount equal to the per pupil state and local funds received by the LEA in which the student was enrolled at the time of incarceration on a prorated daily basis for the length of the student's incarceration to be used for the student's education;
2. (2) The prompt transfer of the incarcerated student's educational records, including transcripts, from the LEA in which the student was enrolled at the time of incarceration to the LEA in which the detention center is located; and
3. (3) Providing instruction to students incarcerated in detention centers for a minimum of four (4) hours each instructional day.
(c) The department of education shall monitor the educational services provided to students incarcerated in detention centers.
(d) The department of children's services shall ensure that detention centers licensed under § 37-5-502 comply with any rules adopted by the state board of education pursuant to this section.

§ 49-6-3024. Review of laws and policies related to exclusionary discipline of students in pre-kindergarten through kindergarten.

(a) The department of education, in consultation with juvenile court officials, shall review all current laws and policies related to exclusionary discipline practices in public schools for students in pre-kindergarten through kindergarten (pre-K-K). For purposes of this section, “exclusionary discipline” means any type of school disciplinary action that removes or excludes a student from the student's traditional educational setting.
(b) The review shall:
1. (1) Examine the number of exclusionary discipline actions issued by an LEA and the length of each respective disciplinary action;
2. (2) Detail the type of offenses committed by the students that led to the exclusionary discipline action;
3. (3) Review the impact exclusionary discipline has on students;
4. (4) Examine recommendations from lawmakers, juvenile court officials, judges, district attorneys, the Tennessee commission on children and youth, and representatives from LEAs on alternatives to exclusionary discipline;
5. (5) Identify free resources to support teachers and parents in addressing children's social, emotional, and behavioral health, strengthening family relationships, and increasing developmental and behavioral screening; and
6. (6) Research the possibility of:
  1. (A) Eliminating exclusionary discipline for non-violent offenses; and
  2. (B) Encouraging schools to adopt restorative justice discipline practices.
(c) The department shall develop guidelines and standards for alternatives to exclusionary discipline practices based on the findings of the review required under subsection (b).
(d) The department shall present its findings and a written report to the education committee of the senate, the education administration and planning committee of the house of representatives, and the education instruction and programs committee of the house of representatives no later than May 1, 2018.
(e) After submission of the report required in subsection (d), the department shall develop a model policy for alternatives to exclusionary discipline practices that districts may adopt for students in pre-kindergarten through kindergarten (pre-K-K). If a district does not adopt the model policy developed by the department, the district shall develop and implement a policy that meets the guidelines and standards developed under subsection (c). Each LEA shall adopt the model policy or develop their own policy prior to the 2018-2019 school year.

§ 49-6-3025. Unlawful withdrawal, transfer, or alteration of enrollment in school with intent to hinder active child abuse or child neglect investigation.

(a) As used in this section, “investigating agency” means the department of children's services or a law enforcement agency that is conducting a child abuse or child neglect investigation.
(b) A parent, guardian, or other legal custodian required to cause a child to attend school in accordance with § 49-6-3001 shall not withdraw, transfer, or in any way alter a child's current enrollment in school with intent to hinder an active child abuse or child neglect investigation.
(c) It is a defense to prosecution for an offense under this section that the parent, guardian, or legal custodian received written confirmation from the investigating agency that the investigating agency has been notified of the child's change in enrollment and has confirmed that the change in enrollment would not hinder the agency's investigation.
(d) An investigating agency conducting a child abuse or child neglect investigation that receives a written notification of intent to withdraw, transfer, or alter a child's enrollment in school must respond to the request within forty-eight (48) hours.
(e) A violation of subsection (b) is a Class A misdemeanor.
(f) A violation of subsection (b) is a Class E felony if the parent, guardian, or legal custodian takes the child out of state.

§ 49-6-3026. Student participation in 4-H.

(a) A student who participates in an activity or program sponsored by 4-H must be credited as present by the school in which the student is enrolled in the same manner as an educational field trip. Notwithstanding § 49-6-3022, a school principal, or the principal's designee, shall not count a student absent for participating in an activity or program sponsored by 4-H.
(b) Upon request from a school principal, or the principal's designee, a 4-H agent shall provide documentation as proof of a student's participation in an activity or program sponsored by 4-H.
(c) A student must have the opportunity to make up any school work missed while the student was participating in an activity or program sponsored by 4-H, and shall not have the student's class grades adversely affected for lack of attendance or participation due to the student's participation in an activity or program sponsored by 4-H.
(d) Notwithstanding subsection (a), a school principal, or the principal's designee, shall not credit a student who participates in an activity or program sponsored by 4-H as present if the student's participation in an activity or program sponsored by 4-H occurs during:
1. (1) The schedule established by the commissioner of education for the administration of the Tennessee comprehensive assessment program (TCAP) tests; or
2. (2) Any period of time for which the student has been suspended, expelled, or assigned to an alternative school or alternative program under part 34 of this chapter if the student's suspension, expulsion, or assignment to an alternative school or alternative program would otherwise preclude the student from participating in an educational field trip.

§ 49-6-3027 — 49-6-3049. [Reserved]

§ 49-6-3050. Home schools.

(a)
1. (1) A “home school” is a school conducted or directed by a parent or parents or a legal guardian or guardians for their own children. Public school facilities may be used by home school participants with the approval of the principal of the school, but this permissive authority shall not be construed to confer any right upon the participants to use public school facilities. If approved, use shall be in accordance with rules established by the local board of education.
2. (2)
  1. (A) Home schools that teach kindergarten through grade twelve (K-12), where the parents are associated with and where students are enrolled with a church-related school, as defined by § 49-50-801, that are supervised by the church-related school's director and that administer or offer standardized achievement tests, are exempt from this section.
  2. (B) Parent-teachers who register with an organization, as defined by § 49-50-801, for conducting a home school for students in grades nine through twelve (9-12) must possess at least a high school diploma or high school equivalency credential approved by the state board of education.
  2 Backlinks
  - 49-4-708(b)(7)(A)
  - 49-4-902(26)(A)
3. (3) A parent-teacher may enroll the parent's home school student or students in a church-related school, as defined in § 49-50-801, and participate as a teacher in that church-related school. Such parent-teacher shall be subject to the requirements established by the church-related school for home school teachers and exempt from the rest of this section.
(b) Except for home schools operated under subdivision (a)(2) or (a)(3), a parent-teacher conducting a home school shall comply with the following requirements:
1. (1) Provide annual notice to the local director of schools prior to each school year of the parent-teacher's intent to conduct a home school and, for purpose of reporting only, submission to the director of schools of the names, number, ages and grade levels of the children to be home schooled, the location of the school, the proposed curriculum to be offered, the proposed hours of instruction and the qualifications of the parent-teacher relative to subdivision (b)(4). Information contained in the reports may be used only for record keeping and other purposes for which similar information on public school students may be used in accordance with guidelines, rules and regulations of the state board of education. The director of schools or the director's designee shall ensure that attendance teachers are informed of parents' rights to conduct a home school pursuant to § 49-6-3001(c)(4), subsection (a) and § 49-50-801 upon employment of the attendance teachers and at the beginning of each school year;
2. (2) Maintenance of attendance records, subject to inspection by the local director of schools, and submission of these records to the director of schools at the end of each school year;
3. (3) Instruction for at least four (4) hours per day for the same number of instructional days as are required by state law for public schools;
4. (4) Possession of a high school diploma or high school equivalency credential approved by the state board of education by the parent-teacher;
5. (5)
  1. (A) Administration by the commissioner of education, or the commissioner's designee, or by a professional testing service that is approved by the LEA, to home school students of the same state board approved secure standardized tests required of public school students in grades five (5), seven (7) and nine (9); however, the test for grade nine (9) shall not be the high school proficiency test required by § 49-6-6001;
  2. (B)
    1. (i) Tests administered by the commissioner or the commissioner's designee shall be at the same time tests are administered to public school students, and shall be administered in the public school that the home school student would otherwise be attending, or at whatever location students at such school are tested. Tests administered by the commissioner, or the commissioner's designee, shall be administered without charge. The parent-teacher may be present when the home school student is tested in grade five (5). Both parent-teacher and home school student shall be under the supervision of the test administrator;
    2. (ii) Tests administered by a professional testing service shall be administered within thirty (30) days of the date of the statewide test. Tests administered by a professional testing service shall be administered at the expense of the parent-teacher;
    3. (iii) All test results from either administration by the commissioner or the commissioner's designee, or by a professional testing service, shall be provided to the parent-teacher, the director of schools and the state board of education;
6. (6)
  1. (A) Consultation between the director of schools and the parent-teacher if the home school student falls three (3) to six (6) months behind the home school student's appropriate grade level, based on the test required in subdivision (b)(5);
  2. (B) If a home school student falls six (6) to nine (9) months behind the home school student's appropriate grade level in the home school student's reading, language arts, mathematics or science test scores or such of these areas, regardless of the term used on the test, as are actually tested for the student's grade level, based on the tests required in subdivision (b)(5), the parent shall consult with a teacher licensed by the state board of education and having a certificate or endorsement in the grade level or course or subject matter in which consultation is sought. The parent and teacher shall design a remedial course to help the child obtain the child's appropriate grade level. The parent shall report the remedial course for the child to the local director of schools;
  3. (C)
    1. (i) If a home school student falls more than one (1) year behind the home school student's appropriate grade level in the home school student's comprehensive test score for two (2) consecutive tests based on the tests required in subdivision (b)(5) and if the child is not learning disabled in the opinion of a teacher licensed to teach at the child's grade level, the local director of schools may require the parents to enroll the child in a public, private or church-related school, in accordance with this part, and the parents shall have all rights provided by law to respond to this requirement;
    2. (ii) If a test indicates that a home school student is one (1) year or more behind the home school student's appropriate grade level, the same test shall be administered to the child not more than one (1) year later, notwithstanding the required testing schedule in subdivision (b)(5)(A); and
7. (7) [Deleted by 2023 amendment.]
8. (8) Submission by the home school student entering public schools to the evaluation test provided for in § 49-50-801, if the local system requires the test, or the tests required by the state board of education for transfer students.
(c) In the event of the illness of a parent-teacher, or at the discretion of the parent-teacher, a tutor, having the same qualifications that would be required of a parent-teacher teaching the grade level or course, may be employed by the parent-teacher.
(d) The department of education shall provide annually to home schools with which they have contact information about meningococcal disease and the effectiveness of vaccination against meningococcal disease at the beginning of every school year. This information shall include the causes, symptoms and the means by which meningococcal disease is spread and the places where parents and guardians may obtain additional information and vaccinations for their children. This information may be provided electronically or on the department's website. Nothing in this subsection (d) shall be construed to require the department of education to provide or purchase vaccine against meningococcal disease.
(e)
1. (1) If any of the public schools established under the jurisdiction of an LEA are members of an organization or an association that regulates interscholastic athletic competition, and if such organization or association establishes or maintains eligibility requirements for home school students desiring to participate in interscholastic athletics at a member school, then the LEA shall permit participation in interscholastic athletics at those schools by home school students who satisfy the eligibility requirements established by the organization or association.
2. (2) This subsection (e) does not guarantee that a home school student trying out for an interscholastic athletics team will make the team or supplant the authority of coaches or other school officials in deciding who makes the team. This subsection (e) is intended to guarantee only that the home school student shall not be prohibited from trying out for an interscholastic athletics team, if the student is eligible under the rules of the organization or association, solely by reason of the student's status as a home school student.
3. (3) This subsection (e) shall not be construed to limit or supplant the authority of the organization or association to determine eligibility and to establish, modify and enforce its rules and eligibility requirements, including those applicable to home school students.
(f)
1. (1) As used in this subsection (f):
  1. (A) “AP” means the advanced placement program offered by the College Board; and
  2. (B) “PSAT/NMSQT” means the Preliminary SAT/National Merit Scholarship Qualifying Test administered by the College Board and National Merit Scholarship Corporation.
2. (2) Each public school that administers the AP and PSAT/NMSQT examinations shall provide notice of the dates on which the school will administer the examinations on the school's website. The notice shall include:
  1. (A) The availability of AP and PSAT/NMSQT examinations; and
  2. (B) The availability of outside financial assistance to low-income and needy students to take the AP and PSAT/NMSQT examinations.
3. (3) Home school students shall be permitted to take the AP and PSAT/NMSQT examinations at any public school offering such examinations.
(g) If a home school student participates in an LEA-sponsored interscholastic activity or event or an LEA-sponsored extracurricular activity, then the LEA may request and receive proof that the student received a health service or examination that is required for the LEA's students to participate in the activity or event by law generally.

7 Backlinks

§ 49-6-3051. Parental or guardian notice to school of child's criminal offenses — List of goals — Confidentiality — Violations and penalties.

(a) Notwithstanding any law to the contrary, if a student has at any time been adjudicated delinquent for any offense listed in subsection (b), the parents, guardians or legal custodians, including the department of children's services acting in any capacity and a school administrator of any school having previously received the same or similar notice from the juvenile court or another source, shall provide to a school principal, or a principal's designee, the abstract provided under § 37-1-153 or § 37-1-154 or other similar written information when any such student:
1. (1) Initially enrolls in an LEA;
2. (2) Resumes school attendance after suspension, expulsion or adjudication of delinquency; or
3. (3) Changes schools within this state.
(b) The parents, guardians, or legal custodians, including the department of children's services acting in any capacity, shall provide notification as required by subsection (a) if the student has been adjudicated delinquent:
1. (1) In this state for any of the following offenses, or in another state for equivalent offenses as determined by the elements of the offense:
  1. (A) First degree murder, as defined in § 39-13-202;
  2. (B) Second degree murder, as defined in § 39-13-210;
  3. (C) Rape, as defined in § 39-13-503;
  4. (D) Aggravated rape, as defined in § 39-13-502;
  5. (E) Rape of a child, as defined in § 39-13-522;
  6. (F) Aggravated rape of a child, as defined in § 39-13-531;
  7. (G) Aggravated robbery, as defined in § 39-13-402;
  8. (H) Especially aggravated robbery, as defined in § 39-13-403;
  9. (I) Kidnapping, as defined in § 39-13-303;
  10. (J) Aggravated kidnapping, as defined in § 39-13-304;
  11. (K) Especially aggravated kidnapping, as defined in § 39-13-305;
  12. (L) Aggravated assault, as defined in § 39-13-102;
  13. (M) Felony reckless endangerment pursuant to § 39-13-103; or
  14. (N) Aggravated sexual battery, as defined in § 39-13-504; or
2. (2) In this state for any of the following offenses:
  1. (A) Voluntary manslaughter, as defined in § 39-13-211;
  2. (B) Criminally negligent homicide, as defined in § 39-13-212;
  3. (C) Sexual battery by an authority figure, as defined in § 39-13-527;
  4. (D) Statutory rape by an authority figure, as defined in § 39-13-532;
  5. (E) Prohibited weapon, as defined in § 39-17-1302;
  6. (F) Unlawful carrying or possession of a firearm, as defined in § 39-17-1307;
  7. (G) Carrying weapons on school property, as defined in § 39-17-1309;
  8. (H) Carrying weapons on public parks, playgrounds, civic centers, and other public recreational buildings and grounds, as defined in § 39-17-1311;
  9. (I) Handgun possession, as defined in § 39-17-1319;
  10. (J) Providing handguns to juveniles, as defined in § 39-17-1320; or
  11. (K) Any violation of § 39-17-417 that constitutes a Class A or Class B felony; or
3. (3) An offense not listed in this subsection (b) for which a court has ordered school notification based on the circumstances surrounding the offense.
(c) When the principal or the principal's designee is notified of the student's adjudication pursuant to subsection (a), the principal or the principal's designee may convene a meeting to develop a plan to set out a list of goals to provide the child an opportunity to succeed in school and provide for school safety, a schedule for completion of the goals and the personnel who will be responsible for working with the child to complete the goals.
(d) The abstract and information shall be shared only with the employees of the school having responsibility for classroom instruction of the child and the school counselor, social worker or psychologist who is involved in developing a plan for the child while in the school, and with the school resource officer, and any other person notified pursuant to this section. The information is otherwise confidential and shall not be shared by school personnel with any other person or agency, except as may otherwise be required by law. The abstract or other similar information provided pursuant to subsection (a) and the plan shall not become a part of the child's student record.
(e) Notwithstanding any other state law to the contrary, the department of children's services shall develop a written policy consistent with federal law detailing the information to be shared by the department with the school for children in its legal custody when notification is required.
(f) It is an offense for any school personnel to knowingly share information provided pursuant to subsection (a) with any person other than those listed in subsection (d). A violation of this subsection (f) is a Class C misdemeanor, punishable by a fine only.
(g) It is an offense for a parent or guardian to knowingly fail to provide notification as required by subsection (a). A violation of this subsection (g) is a Class C misdemeanor, punishable by a fine only. For purposes of this subsection (g), parent or legal guardian does not include the department of children's services.
(h) If it becomes apparent that any employee of the department of children's services knowingly failed to notify the school as required by subsection (a), the commissioner of children's services shall be notified and take appropriate action against the employee.

6 Backlinks

Part 31 Assignment of Students Generally

§ 49-6-3101. Enrollment of dependent child of service member.

(a) As used in this section:
1. (1) “Dependent child” means a child of school age who is the natural child, stepchild, or adopted child of a service member; and
2. (2) “Service member” means a member of the United States armed forces who is engaged in active military service.
(b) A board of education shall allow a student who does not reside within the boundaries of the school district to enroll in a public school within the school district if:
1. (1) The student is the dependent child of a service member who is being relocated to this state on military orders and will, upon relocation, be a resident of the school district, but will not be a resident of the school district when the school district conducts an open enrollment period; and
2. (2) The service member provides the school district with documentation evidencing that the student is the dependent child of the service member and that the service member is being relocated to this state on military orders and will, upon relocation, be a resident of the school district.
(c) Each board of education shall adopt policies to establish a reasonable period of time within which a student permitted to enroll and attend a public school under this section must provide proof of residency within the school district.

§ 49-6-3102. Assignment of students by local board.

(a)
1. (1) The board of education of each local school system, with respect to the schools under its jurisdiction, is authorized and required to provide for the enrollment in a public school of each student who is eligible for enrollment within the schools of the local school system.
2. (2) The board of education of each local school system is not required to provide for the enrollment in a public school system under its jurisdiction of a student for whom a transition plan is required pursuant to § 37-1-131 or § 49-6-3114, unless the transition plan has been developed, but in no event shall a student be delayed from attending school for more than five (5) school days from the date of the notice.
(b) Except as otherwise provided in this part, part 32 of this chapter, and in the McKinney-Vento Homeless Assistance Act (42 U.S.C. § 11431 et seq.), the authority of each and every local school board in the matter of enrollment of pupils within its local school system shall be full and complete and its decision as to the enrollment of any pupil in any such school shall be final.
(c) Pursuant to 42 U.S.C. § 675, any student placed in the custody of the department of children's services shall remain enrolled in the same public school the student attended prior to entering custody. The department of children's services shall decide if the student's school is in the student's best interest. If the department of children's services determines that enrollment in the public school, which the student attended prior to entering care, is not in the student's best interest, the student shall be enrolled in the local school system where the student is placed or where the parent resides.
(d) No pupil shall be enrolled in, admitted to, or entitled or permitted to attend any public school in the local school system other than the public school to which the pupil may be assigned pursuant to the rules, regulations and decisions of the board of education.
(e)
1. (1) Subject to review as provided in part 32 of this chapter, the board of education may exercise the powers and duties granted by parts 31 and 32 of this chapter directly, or may delegate its authority to other persons employed by the board under such rules and regulations as the board may adopt, subject to final decision and action by the board itself.
2. (2) Subject to review as provided in part 32 of this chapter, the board of education may exercise the powers and duties granted by parts 31 and 32 of this chapter directly, or may delegate its authority to a three-member committee consisting of at least one (1) current board member with all remaining members as employees of the board under such rules and regulations as the board may adopt, subject to final decision and action either by the board or its designee. This subdivision (d)(2) shall only apply in any county having a population of not less than eight hundred ninety-seven thousand four hundred (897,400) nor more than eight hundred ninety-seven thousand five hundred (897,500), according to the 2000 federal census or any subsequent federal census.
  1 Backlink
  - 49-6-3204(c)(1)
(f) In the exercise of the authority conferred by parts 31 and 32 of this chapter, the boards of education may prescribe general rules governing admission to schools within their jurisdiction, subject to parts 31 and 32 of this chapter, and may adopt such other reasonable rules and regulations as in the opinion of the board shall best accomplish the purposes of parts 31 and 32 of this chapter.
(g) In determining the classroom assignments of multiple birth siblings, no school or board of education shall separate such multiple birth siblings into different classrooms solely due to such children being multiple birth siblings.
(h) If a child who attends a public school is the suspected victim of child sexual abuse as defined in § 37-1-602(a) and the abuse occurred while the child was under the supervision or care of the school, then the school shall make reasonable accommodations to separate the alleged victim of child sexual abuse from the alleged perpetrator.
(i) If available and appropriate, the local school board shall, upon request by the parent of the child, reassign a child who attends a public school and is the victim of child sexual abuse as defined in § 37-1-602(a) when:
1. (1) The abuse occurred while the child was under the supervision or care of the school; and
2. (2) The perpetrator of the abuse is:
  1. (A) Substantiated by the department of children's services;
  2. (B) Adjudicated by a juvenile court to have committed the child sexual abuse; or
  3. (C) Criminally charged.

1 Backlink

37-1-130(a)(2)(B)(i)

§ 49-6-3103. Factors in determining assignment.

In determining the particular public school to which pupils shall be assigned, the board of education may consider and base its decision on any one (1) or more of the following factors:
1. (1) Available room and teaching capacity in the various schools;
2. (2) The geographical location of the place of residence of the pupil as related to the various schools of the system;
3. (3) The availability of transportation facilities;
4. (4) The effect of the enrollment on the welfare and best interests of the pupil and all other pupils in the school as well as the effect on the efficiency of the operation of the school;
5. (5) The effect of the admission of new pupils upon established or proposed academic programs;
6. (6) The suitability of established curricula for particular pupils;
7. (7) The adequacy of the pupil's academic preparation for admission to a particular school and curriculum;
8. (8) The scholastic aptitude and relative intelligence or mental energy or ability of the pupil;
9. (9) The psychological qualifications of the pupil for the type of teaching and associations involved;
10. (10) The effect of admission of the pupil upon the academic program of other students in a particular school or facility;
11. (11) The effect of admission upon prevailing academic standards at a particular school;
12. (12) The psychological effect upon the pupil of attendance at a particular school;
13. (13) The effect of any disparity between the physical and mental ages of any pupil to be enrolled, especially when contrasted with the average physical and mental ages of the group with which the pupil may be placed;
14. (14) The sociological, psychological and like intangible social scientific factors as will prevent, as nearly as possible, a condition of socioeconomic class consciousness among the pupils;
15. (15) The possibility or threat of friction or disorder among pupils or others;
16. (16) The possibility of breaches of the peace or ill will or economic retaliation within the community;
17. (17) The home environment of the pupil;
18. (18) The maintenance or severance of established social and psychological relationships with other pupils and with teachers;
19. (19) The choice and interests of the pupil;
20. (20) The sex, morals, conduct, health and personal standards of the pupil;
21. (21) The request or consent of parents or guardians and the reasons assigned therefor; and
22. (22) All other factors that the board may consider pertinent, relevant or material in their effect upon the welfare and best interest of the applicant, other pupils of the school district as a whole and the inhabitants of the school district.

1 Backlink

49-6-3202(a)

§ 49-6-3104. Transfer of students.

(a) Local boards of education may admit pupils from outside their respective local school systems. Local boards of education may also arrange for the transfer of pupils residing within their systems to schools located outside their districts, and enter into agreements with other local boards of education for the admission or transfer of pupils from one (1) school system to another.
(b) State school funds shall follow the student into the school system to which the student is transferring under this section.
(c) Tuition may be charged by a local school system to which a student transfers as provided in § 49-6-3003.
(d) Subject to the restrictions in § 49-6-3105, an adult pupil or the parent or guardian of a minor pupil may transfer the pupil to a school system outside the one serving the pupil's place of residence at the discretion of the receiving board of education.
(e) Each local board of education may permit adult students or the parents or guardian of a minor student to choose the school the student is to attend. If the choice is for a school other than the one to which the student is normally zoned, the student may be required to provide personal transportation.
(f) Transfers authorized by this section shall be exercised within the limitations of any existing court order or plan developed to comply with the state or federal constitution.
(g)
1. (1) Notwithstanding subsection (c), in cases where an LEA has created a regional school with a specific focus on science, technology, engineering, and math (STEM), local Tennessee investment in student achievement formula (TISA) school funds shall also follow the student into the LEA to which the student is transferring and no tuition may be charged by the receiving LEA.
2. (2) [Deleted by 2022 amendment.]
3. (3) Nothing in this subsection (g) shall preclude an LEA from entering into an agreement with another LEA whereby additional funds may be transferred from the sending LEA to the receiving LEA for the purpose of educating the child.
4. (4) As used in this subsection (g), “student” means a student who was attending a school in the sending LEA or had moved into the sending LEA immediately prior to the transfer to the receiving LEA's regional STEM school.

5 Backlinks

§ 49-6-3105. Applications for transfer.

A local board of education may, by action duly recorded in the board minutes, prescribe a date reasonably in advance of or after the opening of school for the filing of applications for transfer of nonresident pupils into that system and refuse to consider applications filed after that date for the current year. Any transfer student who is admitted to the school system consistent with a policy deadline established according to this section shall be enrolled for one (1) complete school year. School board policies adopted consistent with this section shall establish a date upon which the parent, guardian, or student, as appropriate, shall receive notice of eligibility for reenrollment.

3 Backlinks

§ 49-6-3106. Direct advancement from kindergarten to second grade.

A local board of education may approve a procedure for determining the competency of students who have attended kindergarten (K) to advance directly to grade two (2).

§ 49-6-3107. Notice of student assignment.

In assigning students, the board of education may give individual written notice of assignment on each pupil's report card or by written notice by any other feasible means to the parent, or may give notice by publication.

§ 49-6-3108. Attendance in adjoining states.

Boards of education located in counties that are adjacent to other states may contract with the appropriate local or state officials in the adjoining state for the education of children in kindergarten through grade twelve (K-12); provided, that the board of education of the Tennessee school district and the commissioner of education determine that such an arrangement is the most economical way of providing a reasonable education for children under the jurisdiction of such boards. The contract shall be executed by the appropriate board of education and approved by the commissioner and the attorney general and reporter prior to the enrollment of the children in the schools of the other state. The cost of educating the children in accordance with the terms of such contracts shall constitute a part of the costs of the Tennessee investment in student achievement formula (TISA) of the respective school district. Any local board of education entering such contract shall be relieved of all liability for the subject children during the term of the contract. The contract may be renewed annually at the discretion of the board.

2 Backlinks

§ 49-6-3109. Unlawful discrimination.

(a) No person shall be refused admission into or be excluded from any public school in this state on account of race, creed, color, sex or national origin.
(b)
1. (1) No student shall be assigned or compelled to attend any school on account of race, creed, color or national origin, or for the purpose of achieving equality in attendance or increased attendance or reduced attendance, at any school, of persons of one (1) or more particular races, creeds, colors or national origins.
2. (2) No school district, school zone or attendance unit, by whatever name known, shall be established, reorganized or maintained for any such purpose.
3. (3) Nothing contained in this subsection (b) shall prevent the assignment of a pupil in the manner requested or authorized by the pupil's parents or guardian.
4. (4) Nothing in this section shall be deemed to affect, in any way, the right of a religious or denominational educational institution to select its pupils exclusively or primarily from members of that religion or denomination, or from giving preference in selection to such members or to make such selection of its pupils as is calculated to promote the religious principle for which it is established.

§ 49-6-3110. [Reserved]

§ 49-6-3111. Enrollment of secondary students in postsecondary institutions.

(a) Academically talented or gifted students enrolled in grades nine (9), ten (10), eleven (11) or twelve (12) in public or private high schools in this state may, with the recommendation and approval of the high school principal and appropriate higher education institution personnel, enroll in and receive regular college degree credit from a Tennessee postsecondary institution, if the student has a grade point average equivalent to three point two (3.2) on a four point zero (4.0) maximum basis and if such placement is a part of the student's planned Individual Educational Placement (IEP) as established by the multidisciplinary team process.
(b)
1. (1) Students enrolled in grades eleven (11) and twelve (12) may also be allowed to enroll in courses at institutions operated by the board of regents and the University of Tennessee board of trustees, in accordance with regulations governing such attendance promulgated by the state board of education, after consultation with the board of regents and the University of Tennessee board of trustees.
2. (2) Subdivision (b)(1) shall not be construed to be an appropriation of funds, and no state funds shall be obligated or expended to implement or administer this subsection (b).

§ 49-6-3112. Children residing on property located in two counties.

(a)
1. (1) Whenever county boundary lines cross through a farm being operated as a single unit, leaving the farm in two (2) separate counties, the children of the families residing on the farms shall be eligible to attend either county's school system. Eligibility to attend school in the county other than the county in which the family resides or the farm is taxed shall be based on local board of education policy and availability of space in the county school system as determined by the director of schools in such system and shall be subject to payment of tuition pursuant to § 49-6-3003(b) to the same extent permitted for pupils not residing in that county.
2. (2)
  1. (A) Whenever county boundary lines cross through a town or city, leaving the town or city in two (2) or more counties, the children of the families residing in the town or city shall be eligible to attend school in the county school system of any county that is located partially within the town or city. Eligibility to attend school shall be based on availability of space in the county school system as determined by the director of schools of such system.
  2. (B) If any student attends a school in other than the student's county of residence and the local cost of the student's education exceeds the average in that county, then the transfer is subject to agreement between the directors of schools involved on the payment of the excess cost for the student.
  3. (C) This subdivision (a)(2) applies only in counties with a population, according to the 1980 federal census or any subsequent federal census, of:
    3. 16,57516,675
    4. 32,76032,800
    5. 48,40048,500
    6. 49,40049,500
    7. 67,30067,400
(b) Attendance under this section by children in an LEA other than that in which they reside shall not affect any law otherwise applicable regarding payment of tuition by nonresident students, nor shall attendance under this section require an LEA to provide transportation outside of the boundaries of that LEA.
(c) Whenever county boundary lines cross through a parcel of property, the children of the families residing on the property shall be eligible to attend either county's school system. Eligibility to attend school in the county other than the county in which the family resides or the residence is taxed shall be based on local board of education policy and availability of space in the county school system as determined by the director of schools in such system and shall be subject to payment of tuition pursuant to § 49-6-3003(b) to the same extent permitted for pupils not residing in that county. An LEA shall not be required to provide transportation to the children outside of the boundaries of that LEA.

§ 49-6-3113. Dependents of LEA employees — Attendance at parent's school.

(a) Notwithstanding this part to the contrary, if a parent of a school-age child is employed by an LEA located outside the LEA of the parent's residence, then the employee's child may attend a school within the LEA that employs the nonresident parent. The child's parent must comply with the LEA's tuition requirements. This section is subject to §§ 49-6-3104 and 49-6-3105.
(b)
1. (1) Pursuant to board policy, a parent or guardian teaching in the school system of the parent's or guardian's residence shall be allowed to enroll the parent's or guardian's child at the school where the parent or guardian teaches. This subdivision (b)(1) does not apply to children of teachers teaching at magnet schools. Nothing in this subdivision (b)(1) shall be construed to limit the board's authority in student assignment as set forth in this part.
2. (2) If a teacher teaches at a grade's or grades' specific school and a child of that teacher is not within that age group, that teacher's child shall be eligible to attend a school of appropriate grade within the LEA by which the parent is employed. This subdivision (b)(2) does not apply to children of teachers teaching at magnet schools.

1 Backlink

49-2-128(f)(2)(B)

§ 49-6-3114. Development of transition plan when treatment program believes child leaving treatment poses threat of serious harm — Confidentiality — Violation.

(a) If a hospital or treatment resource is of the belief that a child leaving a treatment program poses a substantial likelihood of serious harm as defined in § 33-6-501, in addition to the duties in § 33-3-207, it is the duty of the hospital or treatment resource to warn the principal of the school the child will be attending of that belief, so the principal or principal's designee may convene a meeting to develop the transition plan accordingly.
(b)
1. (1) The information shall be shared only with the employees of the school having responsibility for classroom instruction of the child and school counselor, social worker or psychologist, if involved in developing or implementing the plan for the child while in the school. The information is otherwise confidential and shall not be shared by school personnel with any other person or agency, except as may otherwise be required by law.
2. (2) Notification in writing of the nature of the offense committed by the child and any probation requirements and the transition plan developed pursuant to subsection (a) shall not become a part of such child's student record.
3. (3) A violation of the confidentiality provisions of subdivisions (b)(1) and (2) is a Class C misdemeanor.

1 Backlink

49-6-3102(a)(2)

§ 49-6-3115. Promotion of students from third grade.

(a)
1. (1) Beginning with the 2022-2023 school year, a student in the third grade shall not be promoted to the next grade level unless the student is determined to be proficient in English language arts (ELA) based on the student's achieving a performance level rating of “on track” or “mastered” on the ELA portion of the student's most recent Tennessee comprehensive assessment program (TCAP) test.
  1 Backlink
  - 49-1-905(d)(4)
2. (2) Notwithstanding subdivision (a)(1):
  1. (A) A student who is not proficient in ELA, as determined by the student's achieving a performance level rating of “approaching” on the ELA portion of the student's most recent TCAP test may be promoted if:
    1. (i) The student is an English language learner and has received less than two (2) years of ELA instruction;
    2. (ii) The student was previously retained in any of the grades kindergarten through three (K-3);
    3. (iii) The student is retested before the beginning the next school year and scores proficient in ELA;
    4. (iv) The student attends a learning loss bridge camp before the beginning of the upcoming school year, maintains a ninety percent (90%) attendance rate at the camp, and the student's performance on the post-test administered to the student at the end of the learning loss bridge camp, as required under § 49-6-1502(4)(F), demonstrates adequate growth, as determined by the department;
    5. (v) The student is assigned a tutor through the Tennessee accelerating literacy and learning corps (TALLC) to provide the student with tutoring services for the entirety of the upcoming school year based on tutoring requirements established by the department; or
    6. (vi) Beginning with the 2023-2024 school year, the student demonstrates proficiency in ELA standards based on the student's scoring within the fiftieth percentile on the most recently administered state-provided benchmark assessment, if the benchmark assessment is administered to the student in a test environment, as determined by the department, and the student's LEA or public charter school agrees to provide tutoring services to the student for the entirety of the student's fourth-grade year based on tutoring requirements established by the department. If a student is promoted to the fourth grade pursuant to this subdivision (a)(2)(A)(vi), then the student's LEA or public charter school shall notify the student's parent or guardian, in writing, of the benefits of enrolling their student in a learning loss bridge camp and encouraging the parent or guardian to do so; and
  2. (B) A student who is not proficient in ELA, as determined by the student's achieving a performance level rating of “below” on the ELA portion of the student's most recent TCAP test may be promoted if:
    1. (i) The student is an English language learner and has received less than two (2) years of ELA instruction;
    2. (ii) The student was previously retained in any of the grades kindergarten through three (K-3);
    3. (iii) The student retested before the beginning the next school year and scores proficient in ELA; or
    4. (iv) The student attends a learning loss bridge camp before the beginning of the upcoming school year and maintains a ninety percent (90%) attendance rate at the camp, and is assigned a tutor through the TALLC to provide the student with tutoring services for the entirety of the upcoming school year based on tutoring requirements established by the department.
3. (3)
  1. (A) A student who is promoted to the fourth grade pursuant to subdivision (a)(2)(A)(v) or (a)(2)(B)(iv), must show adequate growth on the fourth grade ELA portion of the TCAP test, as determined by the department, before the student may be promoted to the fifth grade.
  2. (B) Notwithstanding subdivision (a)(3)(A), a student shall not be retained in the fourth grade more than once.
(b) Subject to available funding, and to the extent authorized by federal law, LEAs and public charter schools may use temporary assistance for needy families (TANF) program funds to cover up to fifty percent (50%) of the costs associated with providing tutoring services for students pursuant to subdivision (a)(2)(B)(iv).
(c)
1. (1) Subsection (a) does not supersede an LEA's or public charter school's obligation to comply with 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).
2. (2) LEAs and public charter schools shall not retain a student based on the student's disability or suspected disability.
(d)
1. (1) The state board of education shall promulgate rules to establish an appeal process, to be administered by the department, for a student who is identified for retention in third grade pursuant to subdivision (a)(1) based on the student's achieving a performance level rating of “approaching” on the ELA portion of the student's most recent TCAP test. The rules must provide, for the 2023-2024 school year and each school year thereafter:
  1. (A) That if an appeal is filed, the filing must be made by the student's parent or guardian unless the student's parent or guardian consents, in writing, to a principal, guidance counselor, teacher, or other administrator of the student's school filing the appeal, in which case the appeal may be filed by such individual; and
  2. (B) The process by which a principal, guidance counselor, teacher, or other administrator of the student's school must obtain the written consent of a student's parent or guardian for purposes of filing an appeal on behalf of the student's parent or guardian.
2. (2) The rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(e)
1. (1) For the 2023-2024 school year and each school year thereafter, the department shall report for each LEA:
  1. (A) The number of students identified for mandatory retention pursuant to subdivision (a)(1) who were promoted to the fourth grade pursuant to subdivision (a)(2)(A)(vi);
  2. (B) The provider, format, and frequency of tutoring services provided to students in the fourth grade who were promoted pursuant to subdivision (a)(2)(A)(vi);
  3. (C) The percentage of students promoted pursuant to subdivision (a)(2)(A)(vi) that demonstrated growth or proficiency in ELA after receiving tutoring services in the fourth grade;
  4. (D) The number of students promoted pursuant to subdivision (a)(2)(A)(vi) that enrolled in a learning loss bridge camp; and
  5. (E) The percentage of students promoted pursuant to subdivision (a)(2)(A)(vi), and who enrolled in a learning loss bridge camp, that demonstrated growth or proficiency in ELA at the conclusion of the camp.
2. (2) The department shall report to the education committees of the senate and house of representatives:
  1. (A) The information described in subdivision (e)(1)(A) no later than December 1, 2024, and each December 1 thereafter; and
  2. (B) The information described in subdivisions (e)(1)(B)-(E) no later than December 1, 2025, and each December 1 thereafter.
(f)
1. (1) Beginning with the 2023-2024 school year, a student who is retained in any of the grades kindergarten through three (K-3) must be assigned a tutor to provide the student with tutoring services for the entirety of the upcoming school year based on tutoring requirements established by the department.
2. (2) The department may procure up to three (3) online tutoring providers for LEAs and public charter schools to use to provide online tutoring services to students. The chief procurement officer is authorized to approve an emergency purchase of online tutoring providers pursuant to this subdivision (f)(2) using procurement methods authorized by § 12-3-505 and the rules of the department of general services' central procurement office.

Part 32 Challenges to Student Assignments

§ 49-6-3201. Application for hearing.

(a) Both parents, if living, or the parent, guardian, legal custodian, guardian ad litem or attorney of any student assigned pursuant to part 31 of this chapter who is dissatisfied with the assignment of the student may, within ten (10) days of the order making the assignment, make written application to the board for a hearing before the board as to the reasonableness of the assignment and asking for a transfer to another school.
(b) The application for transfer shall state the specific reasons why the applicant contends that the student should not attend the school assigned and the specific reasons why the student should be assigned to the different school named in the application.
(c) Upon the receipt of the application for hearing, the board shall set a date for the hearing of the protest and the hearing shall be held within a reasonable time after receipt of the written application for the hearing.
(d) Written notice of the date and place of the hearing shall be given by the board or its secretary to the parents, guardian or legal custodian of the student by mailing a notice of hearing to the party at the party's last known mailing address at least ten (10) days before the date of the hearing.
(e) The applicant shall be entitled to appear in the person's own behalf or to be represented by counsel upon the hearing of the protest.

§ 49-6-3202. Decision of board.

(a) The board shall consider and decide each individual case separately on its merits, and its decision shall be based upon a consideration of the factors set forth in § 49-6-3103.
(b) Within a reasonable time after the completion of the hearing, the board shall enter a written order either granting or denying the protest.
(c) A copy of the order and the findings of the board shall be mailed by the board or its secretary to all parties appearing at the hearing at their last known mailing address within five (5) days from the date of the order.
(d) In any county having a population of not less than eight hundred ninety-seven thousand four hundred (897,400) nor more than eight hundred ninety-seven thousand five hundred (897,500), according to the 2000 federal census or any subsequent federal census, if the board delegates its authority to a committee pursuant to § 49-6-3102(d)(2) to consider and decide an individual case, then the committee shall comply with subsections (a)-(c).

§ 49-6-3203. Evidence.

(a)
1. (1) In conducting hearings provided in part 31 of this chapter and this part, the board shall not be bound by the rules of evidence applicable in a court, but it may admit and give probative effect to any evidence that possesses such probative value as would entitle it to be accepted by reasonable prudent persons in the conduct of their affairs; provided, that the board shall give effect to the rules of privilege recognized by law and may exclude incompetent, irrelevant, immaterial or unduly repetitious evidence.
2. (2) All evidence, including records and documents in the possession of the board of which it desires to avail itself, shall be offered and made a part of the record in the cause.
3. (3) No factual information or evidence other than that contained in the record shall be considered in the determination of the cause.
4. (4) Documentary evidence may be received in the form of copies or excerpts or by incorporation by reference.
5. (5) Each party shall have the right of cross-examination of witnesses who testify and shall have the right to submit rebuttal evidence.
6. (6) The board may take notice of judicially cognizable facts.
7. (7) In addition to the oral testimony of witnesses appearing at the hearing, the testimony of witnesses may be taken by deposition or upon interrogatories.
(b)
1. (1) In conducting hearings under part 31 of this chapter and this part, the board shall have the power to administer oaths and affirmations and the power to issue subpoenas in the name of the state to compel the attendance of witnesses and the production of documentary evidence.
2. (2) The subpoenas shall be served by the sheriff or any deputy of the county to which the subpoena is directed, and the sheriff or deputy shall be entitled to the same fees for serving such the subpoenas as in the case of the service of subpoenas from a court of record of the state.
3. (3) In the event any person fails or refuses to obey a subpoena issued under this subsection (b), any court of record of this state within the jurisdiction of which the hearing is held or within the jurisdiction of which the person is found or resides, upon application by the board or its representatives, shall have the jurisdiction to attach the body of such person and compel the person to appear before the board and to give testimony or produce evidence as ordered. Any failure to obey such an order of the court may be punished by the court issuing the order as a contempt of the order.
(c) Witnesses shall be entitled to the same fees as provided by law for witnesses in courts of record, which fees shall be paid as a part of the costs of the proceeding.
(d)
1. (1) In conducting hearings under part 31 of this chapter and this part, the board may employ counsel as provided in § 49-6-3206 to appear at and participate in the hearings on behalf of the board.
2. (2) The board or its counsel may introduce evidence in support of the actions of the board.
3. (3) Members of the board may cross-examine any witness testifying at the hearings.
(e) The burden of proof in all proceedings under part 31 of this chapter and this part shall be upon the person challenging the action of the board.

1 Backlink

8-8-201(b)(1)

§ 49-6-3204. Hearing by examiners — Decision by board.

(a) The board of education is authorized to designate one (1) or more of its members or one (1) or more competent examiners to conduct the hearings, to take testimony and to make a report of the hearings to the entire board for its determination.
(b) Before the board enters a final order in such cases, the members of the board shall personally consider the entire record and the board shall make its decision on the basis of the record.
(c)
1. (1) In any county having a population of not less than eight hundred ninety-seven thousand four hundred (897,400) nor more than eight hundred ninety-seven thousand five hundred (897,500), according to the 2000 federal census or any subsequent federal census, if the board delegates its authority to a committee pursuant to § 49-6-3102(e)(2) to consider and decide an individual case, then the member or examiner designated pursuant to subsection (a) shall make a report of the hearings to the committee for determination.
2. (2) Before the committee shall enter a final order in such case, the committee shall personally consider the entire record and the committee shall make a decision on the basis of the record.

§ 49-6-3205. Judicial review.

(a) Both parents, if living, or the parent, guardian or legal custodian of a child so assigned by final order of the board, may, at any time within thirty (30) days from the date of the final order, obtain a judicial review of the order by filing a petition for review in the chancery court of the county where the board of education is located.
(b)
1. (1) The petition shall state briefly the issues involved in the cause, the substance of the order of the board and the respects in which the petitioner claims the order of the board is erroneous, and pray for an accordant review.
2. (2) The petition shall be addressed to the presiding chancellor and shall name the board of education as defendant.
(c)
1. (1) The petitioner shall file with the petition a copy of the decision of the board of education and a transcript of the proceedings and evidence before the board, authenticated by the person presiding over the hearing.
2. (2) In the event a copy of the transcript is not available within the period provided in this section for the filing of such petitions, the court may, upon application of the petitioner within the time prescribed in this section, grant an extension of the time within which the petition may be filed.
(d) The petitioner shall give bond for costs as in other chancery suits or oath of paupers in lieu of the bond.
(e)
1. (1) Upon the filing of the petition, the clerk and master shall immediately send by registered or certified mail to the chair of the board a notice of the filing of the petition and a certified copy of the petition.
2. (2) In lieu of notice by registered or certified mail, subpoena to answer may be personally served on each defendant as in other chancery cases.
(f) The filing of a petition for review shall not suspend or supersede an order of the board. Nor shall the court have any power or jurisdiction to suspend or supersede an order of the board issued under part 31 of this chapter and this part prior to the entry of a final decree in the proceeding, except that the court may suspend such an order upon application by the petitioner made at the time of the filing of the petition for review, after a preliminary hearing, and upon a prima facie showing by the petitioner that the board has acted arbitrarily, fraudulently or unlawfully to the manifest detriment of the child who is the subject of the proceeding.
(g)
1. (1) The defendants named in the petition shall make defense as in other chancery cases within thirty (30) days from the date of the filing of the petition, unless the time be extended by the court.
2. (2) Amendments may be granted as in other chancery proceedings.
(h) The cause shall stand for trial and shall be heard and determined at the earliest practicable date and shall be heard exclusively upon the proof introduced before the board contained in the transcript.
(i)
1. (1) No person shall be authorized to offer or introduce new or additional evidence before the court, except that in cases of alleged irregularities in procedure before the board, not shown in the record, testimony on the irregularities may be taken before the court; provided, that if, before the date set for the hearing, application is made to the court for leave to present additional evidence going to the merits of the cause, and it is shown to the satisfaction of the court that the additional evidence is material and that there were good reasons for failure to present it in the proceeding before the board, the court may order that the additional evidence be taken before the board upon such conditions as the court deems proper.
2. (2) Upon hearing the additional evidence, the board may modify its findings and decisions by reason of the additional evidence and shall file with the court, to become a part of the record, the additional evidence, together with any modifications or new findings or decisions.
(j) Upon the hearing, the court may dismiss the petition or vacate the order complained of in whole or in part; but, in case the order of the board is wholly or partly vacated, the court may, at its discretion, remand the case to the board of education for further proceedings not inconsistent with the decree of the court.
(k) The findings of fact of the board of education shall be considered final if supported by substantial evidence on the entire record.
(l) The review of the chancery court as provided for in this section shall not extend further than to determine whether the board of education has acted illegally, fraudulently or in excess of its jurisdiction, including a determination of whether the order of the board under review violated any right of the aggrieved party under the constitution of the United States or the constitution of Tennessee.
(m) The chancellor shall reduce findings of fact and conclusions of law to writing and make them a part of the record.
(n) From the final decree of the chancery court, an appeal may be taken by both parents, if living, or by the parent, guardian or legal custodian of the child in question, or by the board of education to the court of appeals or supreme court as provided in the Tennessee rules of appellate procedure.
(o) The rules of pleading, practice and procedure ordinarily followed in chancery cases will be followed in the review of orders of boards of education under this section, except as otherwise provided in part 31 of this chapter and this part.
(p)
1. (1) Actions for the review of the decisions of the board of education in assigning a child to a school shall be filed and maintained only by both parents, if living, or by the parent, guardian or legal custodian of the child so assigned.
2. (2) The court shall consider and decide each individual case separately on its merits.
3. (3) The assignment of each child shall be considered to be an individual case, and no class actions shall be maintained.

§ 49-6-3206. Rights of board members.

(a) Each board of education shall be authorized to employ counsel to represent the board in any matters arising under part 31 of this chapter and this part, to employ court reporters for the purpose of preserving evidence at hearings conducted under part 31 of this chapter and this part and preparing transcripts of hearings, and to employ such other personnel and incur such other expenses as the board may find to be necessary for the efficient administration of part 31 of this chapter and this part.
(b) Any judgments, liabilities and court costs adjudged against the board of education or the members of the board, the fees of attorneys employed by the board, and any and all other expenses and liabilities incurred under part 31 of this chapter and this part, shall be the obligation of the school district involved, and shall be paid from the funds of the school district.
(c) No board of education or member of the board, nor its agents or examiners, shall be answerable to a charge of libel, slander or other action, whether civil or criminal, by reason of any finding or statement contained in the written findings of fact or decisions or by reason of any written or oral statements made in the course of the proceedings or deliberations provided for under part 31 of this chapter and this part.

1 Backlink

49-6-3203(d)(1)

Part 33 Enforcement Powers of Education Department

§ 49-6-3301. Supervisor of census and attendance.

(a) The commissioner of education is authorized to appoint a supervisor of census and attendance in the department of education whose primary responsibility shall be to supervise and enforce the census and compulsory school attendance laws.
(b) The supervisor of census and attendance shall have general supervision over census enumerators and attendance officers and other persons authorized to perform the duties of census enumerators and attendance officers.
(c) The commissioner is authorized to prescribe the duties of the supervisor and to make rules and regulations for the performance of the duties, not inconsistent with law, that will promote the purposes of the census and compulsory school attendance laws.
(d) The supervisor shall cooperate fully with directors of schools and boards of education in the enforcement of the census and compulsory school attendance laws, and shall furnish to boards of education ratings relative to the efficiency of local school attendance officials.

§ 49-6-3302. Withholding state funds for noncompliance.

The commissioner, upon due hearing after two (2) weeks' written notice to the board of education affected, may withhold and declare forfeited any part or all state school funds due any school district that refuses or neglects to comply with and to enforce the census or compulsory school attendance laws.

Part 34 Suspension of Students

§ 49-6-3401. Suspension of students — Expulsion of students — Exception for self-defense.

(a) Any principal, principal-teacher or assistant principal of any public school in this state is authorized to suspend a pupil from attendance at the school, including its sponsored activities, or from riding a school bus, for good and sufficient reasons. Good and sufficient reasons for suspension include, but are not limited to:
1. (1) Willful and persistent violation of the rules of the school;
2. (2) Immoral or disreputable conduct or vulgar or profane language;
3. (3) Violence or threatened violence against the person of any personnel attending or assigned to any public school;
4. (4) Willful or malicious damage to real or personal property of the school, or the property of any person attending or assigned to the school;
5. (5) Inciting, advising or counseling of others to engage in any of the acts enumerated in subdivisions (a)(1)-(4);
6. (6) Marking, defacing or destroying school property;
7. (7) Possession of a pistol, gun or firearm on school property;
8. (8) Possession of a knife and other weapons, as defined in § 39-17-1301 on school property;
9. (9) Assaulting a principal, teacher, school bus driver or other school personnel with vulgar, obscene or threatening language;
10. (10) Unlawful use or possession of barbital or legend drugs, as defined in § 53-10-101;
11. (11) One (1) or more students initiating a physical attack on an individual student on school property or at a school activity, including travel to and from school or a school activity;
12. (12) Making a threat, including a false report, to use a bomb, dynamite, any other deadly explosive or destructive device, including chemical weapons, on school property or at a school sponsored event;
13. (13) Any other conduct prejudicial to good order or discipline in any public school; and
14. (14) Off campus criminal behavior that results in the student being legally charged with an offense that would be classified as a felony if the student was charged as an adult or if adjudicated delinquent for an offense that would be classified as a felony if the student was an adult, or if the student was convicted of a felony, and the student's continued presence in school poses a danger to persons or property or disrupts the educational process. Notwithstanding § 37-1-131 or any other law to the contrary, the principal of the school in which the student is enrolled and the director of schools shall determine the appropriate educational assignment for the student released for readmission.
1 Backlink
- 55-50-512(a)
(b)
1. (1) Any principal, principal-teacher or assistant principal may suspend any pupil from attendance at a specific class, classes or school-sponsored activity without suspending the pupil from attendance at school pursuant to an in-school suspension policy adopted by the local board of education. Good and sufficient reasons for in-school suspension include, but are not limited to, behavior:
  1. (A) That adversely affects the safety and well-being of other pupils;
  2. (B) That disrupts a class or school sponsored activity; or
  3. (C) Prejudicial to good order and discipline occurring in class, during school-sponsored activities or on the school campus.
2. (2) In-school suspension policies shall provide that pupils given an in-school suspension in excess of one (1) day from classes shall attend either special classes attended only by students guilty of misconduct or be placed in an isolated area appropriate for study. Students given in-school suspension shall be required to complete academic requirements.
(c)
1. (1) Except in an emergency, no principal, principal-teacher or assistant principal shall suspend any student until that student has been advised of the nature of the student's misconduct, questioned about it and allowed to give an explanation.
2. (2) Upon suspension of any student other than for in-school suspension of one (1) day or less, the principal shall, within twenty-four (24) hours, notify the parent or guardian and the director of schools or the director of schools' designee of:
  1. (A) The suspension, which shall be for a period of no more than ten (10) days;
  2. (B) The cause for the suspension; and
  3. (C) The conditions for readmission, which may include, at the request of either party, a meeting of the parent or guardian, student and principal.
3. (3) If the suspension is for more than five (5) days, the principal shall develop and implement a plan for improving the behavior, which shall be made available for review by the director of schools upon request.
4. (4)
  1. (A) If, at the time of the suspension, the principal, principal-teacher or assistant principal determines that an offense has been committed that would justify a suspension for more than ten (10) days, the person may suspend a student unconditionally for a specified period of time or upon such terms and conditions as are deemed reasonable.
  2. (B) The principal, principal-teacher or assistant principal shall immediately give written or actual notice to the parent or guardian and the student of the right to appeal the decision to suspend for more than ten (10) days. All appeals must be filed, orally or in writing, within five (5) days after receipt of the notice and may be filed by the parent or guardian, the student or any person holding a teaching license who is employed by the school system if requested by the student.
  3. (C) The appeal from this decision shall be to the board of education or to a disciplinary hearing authority appointed by the board. The disciplinary hearing authority, if appointed, shall consist of at least one (1) licensed employee of the LEA, but no more than the number of members of the local board.
  4. (D) The hearing shall be held no later than ten (10) days after the beginning of the suspension. The local board of education or the disciplinary hearing authority shall give written notice of the time and place of the hearing to the parent or guardian, the student and the school official designated in subdivision (c)(4)(A) who ordered the suspension. Notice shall also be given to the LEA employee referred to in subdivision (c)(4)(B) who requests a hearing on behalf of a suspended student.
  1 Backlink
  - 55-50-512(a)
5. (5) After the hearing, the board of education or the disciplinary hearing authority may affirm the decision of the principal, order removal of the suspension unconditionally or upon such terms and conditions as it deems reasonable, assign the student to an alternative program or night school or suspend the student for a specified period of time.
6. (6) If the decision is determined by a disciplinary hearing authority, a written record of the proceedings, including a summary of the facts and the reasons supporting the decision, shall be made by the disciplinary hearing authority. The student, principal, principal-teacher or assistant principal may, within five (5) days of the decision, request review by the board of education; provided, that local school board policy may require an appeal to the director of schools prior to a request for review to the board. Absent a timely appeal, the decision shall be final. The board of education, based upon a review of the record, may grant or deny a request for a board hearing and may affirm or overturn the decision of the hearing authority with or without a hearing before the board; provided, that the board may not impose a more severe penalty than that imposed by the hearing authority without first providing an opportunity for a hearing before the board. If the board conducts a hearing as a result of a request for review by a student, principal, principal-teacher or assistant principal, then, notwithstanding any provision of the open meetings laws compiled in title 8, chapter 44, or other law to the contrary, the hearing shall be closed to the public, unless the student or student's parent or guardian requests in writing within five (5) days after receipt of written notice of the hearing that the hearing be conducted as an open meeting. If the board conducts a hearing as a result of a request for review by a student, principal, principal-teacher, or assistant principal that is closed to the public, then the board shall not conduct any business, discuss any subject or take a vote on any matter other than the appeal to be heard. Nothing in this subdivision (c)(6) shall act to exclude the department of children's services from the disciplinary hearings when the department is exercising its obligations under § 37-1-140. The action of the board of education shall be final.
(d) In the event the suspension occurs during the last ten (10) days of any term or semester, the pupil may be permitted to take final examinations or submit required work that is necessary to complete the course of instruction for that semester, subject to the action of the principal, or the final action of the board of education upon any appeal from an order of a principal continuing a suspension.
(e) Students under in-school suspension shall be recorded as constituting a part of the public school attendance in the same manner as students who attend regular classes.
(f) Nothing in this title shall require an LEA to enroll a student who is under suspension or expelled in an LEA either in Tennessee or another state. The director of schools for the school system in which the suspended student requests enrollment shall make a recommendation to the local board of education to approve or deny the request. The recommendation shall occur only after investigation of the facts surrounding the suspension from the former school system. Nothing in this subsection (f) shall affect children in state custody or their enrollment in any LEA. Any LEA that accepts enrollment of a student from another LEA may dismiss the student if it is determined subsequent to enrollment that the student had been suspended or expelled by the other LEA.
1 Backlink
- 49-6-3402(c)(3)
(g)
1. (1) It is the legislative intent that if a rule or policy is designated as a zero tolerance policy, then violations of that rule or policy must not be tolerated and violators shall receive certain, swift, and proportionate punishment.
2. (2) Notwithstanding this section or another law to the contrary, a student has committed a zero tolerance offense if the student:
  1. (A) Brings to school or is in unauthorized possession on school property of a firearm, as defined in 18 U.S.C. § 921;
  2. (B) Commits aggravated assault as defined in § 39-13-102 or commits an assault that results in bodily injury as defined in § 39-13-101(a)(1) upon any teacher, principal, administrator, any other employee of an LEA, or a school resource officer;
  3. (C) Is in unlawful possession of any drug, including any controlled substance, as defined in §§ 39-17-402 - 39-17-415, controlled substance analogue, as defined by § 39-17-454, or legend drug, as defined by § 53-10-101, on school grounds or at a school-sponsored event; or
  4. (D) Threatens mass violence on school property or at a school-related activity pursuant to § 39-16-517.
3. (3) Nothing in this section prohibits the assignment of students who are subject to expulsion from school to an alternative school.
4. (4) Disciplinary policies and procedures for all other student offenses, including terms of suspensions and expulsions, must be determined by local board of education policy.
5. (5) For purposes of this subsection (g):
  1. (A) “Expelled” means removal from the student's regular school program at the location where the violation occurred or removal from school attendance altogether, as determined by the school official; and
  2. (B) “Zero tolerance offense” means an offense committed by a student requiring the student to be expelled from school for at least one (1) calendar year that can only be modified on a case-by-case basis by the director of schools or the head of a charter school.
1 Backlink
- 55-50-512(a)
(h) The commissioner of education shall report on an annual basis to the education committee of the senate and the education administration committee of the house of representatives regarding disciplinary actions in Tennessee schools. The reports must include the reason for the disciplinary action, the number of students suspended or expelled, the number of students who committed zero tolerance offenses pursuant to subsection (g), the number of students who have been placed in an alternative educational setting, and the number of students suspended, expelled, or otherwise dismissed from an alternative school. Data must be sorted by school as well as by various demographic factors, including grade, race, and sex.
(i) Notwithstanding subsection (a) or (b) or any other law to the contrary, if a pupil is determined, via a fair and thorough investigation made by the principal or the principal's appointed representative, to have acted in self-defense under a reasonable belief that the student, or another to whom the student was coming to the defense of, may have been facing the threat of imminent danger of death or serious bodily injury, which the student honestly believed to be real at that time, then, at the principal's recommendation, the student may not face any disciplinary action.

4 Backlinks

§ 49-6-3402. Alternative schools for suspended or expelled students — Mandated attendance — Remote instruction.

(a) Local boards of education may establish alternative schools for students in grades one through six (1-6) who have been suspended or expelled from the regular school program. At least one (1) alternative school or alternative program shall be established and available for students in grades seven through twelve (7-12) who have been suspended or expelled as provided in this part. In providing alternative schools, any two (2) or more boards may join together and establish a school attended by students of any such school system; furthermore, any board may, by mutually acceptable agreement with another board, send its suspended or expelled students to any alternative school already in operation.
(b) Alternative schools and alternative programs shall be operated pursuant to rules of the state board of education pertaining to them, and instruction shall proceed as nearly as practicable in accordance with the instructional programs at the student's home school. All course work completed and credits earned in alternative schools or alternative programs shall be transferred to and recorded in the student's home school, which shall grant credit earned and progress thereon as if earned in the home school.
(c)
1. (1)
  1. (A) Attendance in an alternative school or alternative program is mandatory for students in grades seven through twelve (7-12) who have been suspended for more than ten (10) days or expelled from the regular school program if there is space and staff available.
  2. (B)
    1. (i) Notwithstanding subdivision (c)(1)(A), attendance in an alternative school or alternative program is not mandatory for students in grades seven through twelve (7-12) who have been expelled from the regular school program for committing a zero tolerance offense.
    2. (ii) This subdivision (c)(1)(B) does not prohibit a director of schools, or a director's designee, from assigning a student who has been expelled from the regular school program for committing a zero tolerance offense to an alternative school or alternative program.
    3. (iii) The director of schools, or the director's designee, shall determine whether to assign a student who has been expelled from the regular school program for committing a zero tolerance offense to an alternative school or alternative program on a case-by-case basis.
  3. (C)
    1. (i) Notwithstanding subdivision (c)(1)(A), a director of schools, or a director's designee, is not required to assign a student in grades seven through twelve (7-12) who has been suspended for more than ten (10) days or expelled from the regular school program for an offense of violence or threatened violence, or an offense that threatened the safety of persons attending or assigned to the student's school, to an alternative school or alternative program if:
      1. (a) The alternative school or alternative program is located on the same grounds as the regular school program from which the student was suspended or expelled; or
      2. (b) The director of schools, or the director's designee, determines that assigning the student to the alternative school or alternative program may endanger the safety of the students or staff of the alternative school or alternative program.
    2. (ii) This subdivision (c)(1)(C) does not prohibit a director of schools, or a director's designee, from assigning a student who has been suspended for more than ten (10) days or expelled from the regular school program for an offense of violence or threatened violence, or an offense that threatened the safety of persons attending or assigned to the student's school, to an alternative school or alternative program. The director of schools, or the director's designee, shall determine whether to assign a student to an alternative school or alternative program under this subdivision (c)(1)(C) on a case-by-case basis.
  4. (D) Attendance in an alternative school or alternative program is voluntary for students in grades one through six (1-6) who have been suspended or expelled from the regular school program unless the local board of education adopts a policy mandating attendance in either instance.
2. (2)
  1. (A) A student who is assigned to an alternative school or alternative program is subject to all rules pertaining to the alternative school or alternative program.
  2. (B) The director of schools, or the director's designee, may remove a student from the alternative school or alternative program if the director, or the director's designee, determines that:
    1. (i) The student has violated the rules of the alternative school or alternative program; or
    2. (ii) The student is not benefiting from the student's assignment to the alternative school or alternative program, and all interventions available to help the student to succeed in the alternative school or alternative program have been exhausted unsuccessfully.
  3. (C) The director of schools, or the director's designee, may remove a student from the alternative school or alternative program under subdivision (c)(2)(B) for the duration of the student's original suspension or expulsion. The student's removal under subdivision (c)(2)(B) does not constitute grounds for any extension of the student's original suspension or expulsion.
  4. (D) The director of schools, or the director's designee, shall make the final decision on removal.
3. (3) If a student is under suspension or expulsion and transfers to another LEA during the student's suspension or expulsion period, then the director of schools, or the director's designee, of the LEA to which the student transfers may review the grounds of the student's suspension or expulsion, but is not required to enforce the suspension or expulsion. If the director of schools, or the director's designee, elects to enforce the student's suspension or expulsion, then, notwithstanding subdivision (c)(1), the LEA to which the student transferred is not required to assign the student to an alternative school or alternative program for the remainder of the suspension or expulsion period. This subdivision (c)(3) does not limit or impair an LEA's ability to deny enrollment to a student who is under suspension or expulsion in another LEA or state pursuant to § 49-6-3401(f).
(d) Any student attending an alternative school shall continue to earn state education funds in the student's home school system and shall be counted for all school purposes by that system as if still in attendance there.
(e) A pupil who has been properly found to be eligible for special education and related services shall be placed and served in accordance with the laws and rules relating to special education.
(f)
1. (1) The state board of education, in its rules and regulations for the operation of alternative schools, shall require documentation of the reasons for a student attending an alternative school and provide safeguards to assure that no child with disabilities or other special student is arbitrarily placed in an alternative school. The state board of education, in its rules and regulations, shall require that all alternative school classrooms have working two-way communication systems making it possible for teachers or other employees to notify a principal, supervisor or other administrator that there is an emergency. Teachers and other employees shall be notified of emergency procedures prior to the beginning of classes for any school year.
2. (2) The state board of education shall provide a curriculum for alternative schools to ensure students receive specialized attention needed to maximize student success. Alternative schools shall offer alternative learning environments in which students are offered a variety of educational opportunities, such as learning at different rates of time or utilizing different, but successful, learning strategies, techniques and tools.
(g) Notwithstanding this section or other law to the contrary, local boards of education may establish evening alternative schools for students in grades six through twelve (6-12).
(h)
1. (1) LEAs establishing alternative schools or contracting for the operation of alternative schools shall develop and implement formal transition plans for the integration of students from regular schools, including public charter schools, to alternative schools and from alternative schools to regular schools, including public charter schools. The plans shall be targeted to improve communication between regular and alternative school staff, provide professional development opportunities shared by regular school staff and alternative school staff, align curricula between regular schools and alternative schools, develop quality in-take procedures for students returning to regular school and provide student follow-up upon return to regular school.
2. (2) The state board of education shall adopt policies or guidelines to assist LEAs in developing transition plans.
(i) Alternative schools and alternative programs may provide remote instruction to students attending the school or program.
1. (1) The state board of education shall promulgate rules to establish guidelines for tracking daily student attendance and compliance with state school attendance and truancy intervention laws for alternative schools and alternative programs providing remote instruction.
2. (2) An alternative school or alternative program that provides remote instruction pursuant to this subsection (i) shall comply with all state and federal laws, rules, and policies.
3. (3) An LEA that has established a virtual school pursuant to chapter 16, part 2 of this title may enter into an agreement with an LEA that has not established a virtual school pursuant to chapter 16, part 2 of this title for the LEA's virtual school to provide remote instruction to students enrolled in either LEA who have been suspended or expelled from the regular school program. An agreement entered into pursuant to this subdivision (i)(3) is an approved alternative program for purposes of this section.

2 Backlinks

§ 49-6-3403. [Reserved]

§ 49-6-3404. Advisory council for alternative education.

(a) There is established an advisory council for alternative education that shall advise, assist and consult with the governor, the commissioner of education and the state board of education.
(b)
1. (1) The advisory council shall be composed of a maximum of ten (10) members, including parents of children attending alternative schools or who have attended alternative schools, teachers or principals serving in alternative schools, members of local boards of education, at least one (1) community representative concerned with alternative education and at least one (1) representative of an educators' association concerned with alternative education.
2. (2) The governor shall appoint the members of the advisory council for three-year terms, except for the appointment of the initial members. In appointing the initial members to the advisory council, each member shall be designated as filling an odd-numbered seat or an even-numbered seat. The members appointed to the odd-numbered seats shall serve three-year terms and the members appointed to the even-numbered seats shall serve two-year terms.
3. (3) Vacancies shall be filled for an unexpired term in the same manner as original appointments.
(c)
1. (1) The advisory council shall elect its own chair and vice chair annually.
2. (2) A representative of the commissioner of education shall meet with and act as secretary to the advisory council. The commissioner, within available personnel and appropriations, shall furnish meeting facilities and staff services for the advisory council.
(d) All members of the advisory council shall serve without compensation, but shall be eligible for reimbursement 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.
(e) The advisory council shall:
1. (1) Consider any issue, problem or matter related to alternative education presented to it by the governor, the commissioner or the state board of education, and give advice on any issue, problem or matter;
2. (2) Study proposed plans for alternative education programs or curricula to determine if the plans or curricula should be adopted;
3. (3) Study alternative education programs or curricula implemented in Tennessee school systems to determine the effectiveness of the programs or curricula, and alternative education programs or curricula implemented in other states to determine if the programs or curricula should be adopted in Tennessee schools;
4. (4) Consider rules of governance of alternative schools and make recommendations concerning rules of governance; and
5. (5) Upon request of the governor, the education committee of the senate, either education committee of the house of representatives, or the commissioner of education, make a report on the state of alternative education in this state.

§ 49-6-3405. Alternative school success.

(a)
1. (1) Each LEA shall track the operation and performance of alternative school programs operated by the LEA or contractually operated for the LEA. LEAs shall measure and report to the department of education alternative school success through academic indicators and behavior indicators.
2. (2) Academic indicators shall include, but not be limited to, grade point averages or other student academic performance measures, performance on the Tennessee comprehensive assessment program (TCAP), performance on the end-of-course assessments, attendance, dropout rates and graduation rates, for students in alternative schools or who have been in alternative schools.
3. (3) Behavioral indicators shall include, but not be limited to, disciplinary reports and subsequent remands to alternative schools.
4. (4) The department of education shall provide guidance in the reporting of the required data.
(b) The state board of education shall seek to improve performance of alternative school programs by promulgating or revising rules and regulations requiring greater accountability by the department of education and LEAs for outcomes of students served by alternative schools.

1 Backlink

49-1-211(a)(9)

Part 36 Safe Stars Act

§ 49-6-3601. Safety standards for school youth athletic activities — Code of conduct for coaches.

(a) As used in this part:
1. (1) “LEA” has the same meaning as defined in § 49-1-103; and
2. (2) “School youth athletic activity” has the same meaning as defined in § 68-55-501.
(b) Each LEA and public charter school that provides a school youth athletic activity, the following safety standards must be implemented:
1. (1) All coaches, whether employed by the LEA or public charter school or a volunteer, shall:
  1. (A) Annually complete the concussion recognition and head injury safety education course program required under § 68-55-502;
  2. (B) Annually complete the sudden cardiac arrest education program required under § 68-6-103;
  3. (C) Receive training in cardiopulmonary resuscitation (CPR) and in the use of automated external defibrillators (AEDs); and
  4. (D) Comply with all applicable background check and fingerprinting requirements of § 49-5-413;
2. (2) The following plans and policies must be implemented at each public school, including public charter schools, for school youth athletic activities:
  1. (A) An allergy and anaphylaxis emergency response plan that:
    1. (i) Identifies the signs and symptoms of allergic reactions, including severe allergic reactions and anaphylaxis;
    2. (ii) Provides information relating to the storage, location, use, and administration of epinephrine auto-injectors; and
    3. (iii) Includes emergency follow-up procedures;
  2. (B) An emergency action plan that facilitates, organizes, and provides for the rehearsal of the actions of coaches and athletes in an emergency; and
  3. (C) A severe weather policy that requires all coaches who oversee or participate in outdoor training, practice, or competition to annually:
    1. (i) Complete a heat illness prevention course approved by the department of health; provided, that all coaches shall complete the course no later than ninety (90) days after the start of the coach's employment or volunteer service, and annually thereafter. After the coach completes the first heat illness prevention course, the coach shall annually acknowledge in writing that the coach completed the course as required under this subdivision (b)(2)(C)(i), and that the coach understands the requirements and importance of the course; and
    2. (ii) Receive training on activity modifications based on environmental conditions, such as lightning; and
  1 Backlink
  - 49-6-3603(b)
3. (3) Each LEA and public charter school shall encourage all coaches, whether employed by the LEA or public charter school or a volunteer, to annually complete training in physical conditioning and in the use of training equipment to the extent such training is readily available.
(c) Each LEA and public charter school that provides a school youth athletic activity:
1. (1) Shall develop a code of conduct for coaches; and
2. (2) Is encouraged to visit the department of health's website to review the safety standards recommended for each level of recognition provided as part of the department's “Safe Stars Initiative”, and to communicate with the department to ensure that all safety measures are up to date.
(d)
1. (1) Beginning with the 2023-2024 school year, an LEA or public charter school that provides a school youth athletic activity in which youth fourteen (14) years of age or younger are eligible to participate shall implement subsection (c) and ensure that the safety standards outlined in subsection (b) are implemented by all individuals actively involved in organizing, training, or coaching the school youth athletic activity at the LEA or public charter school.
2. (2)
  1. (A) Beginning with the 2023-2024 school year, a private school, as defined in § 49-6-3001, shall implement subsection (c) and ensure that the safety standards outlined in subsection (b) are implemented by all individuals actively involved in organizing, training, or coaching a school youth athletic activity that is provided by the private school, if:
    1. (i) Youth fourteen (14) years of age or younger are eligible to participate in the school youth athletic activity; and
    2. (ii) The school youth athletic activity is conducted on property that is owned, managed, or maintained by this state or a political subdivision of this state.
  2. (B) Private schools are encouraged to comply with the safety standards outlined in subsections (b) and (c) for school youth athletic activities that are not subject to the requirements of subdivision (d)(2)(A).
3. (3) Cities, counties, businesses, and nonprofit organizations that organize a community-based youth athletic activity, as defined in §§ 68-6-102 and 68-55-501:
  1. (A) Are encouraged to comply with the safety standards outlined in subdivisions (b)(1)-(3) and subsection (c); and
  2. (B) Shall ensure that at least one (1) individual who is actively involved in organizing, training, or coaching the community-based youth athletic activity has completed, and is in compliance with, the safety standards applicable to coaches and volunteers outlined in subdivisions (b)(1)-(3) and subsection (c), and that at least one (1) individual who has completed, and is in compliance with, the safety standards applicable to coaches and volunteers outlined in subdivisions (b)(1)-(3) and subsection (c) is present at each practice and competition of a community-based youth athletic activity, if:
    1. (i) Youth fourteen (14) years of age or younger are eligible to participate in the community-based youth athletic activity; and
    2. (ii) The community-based youth athletic activity is conducted on property that is owned, managed, or maintained by this state or a political subdivision of this state.

§ 49-6-3602. Website guidelines and other materials about sudden cardiac arrest and EKG testing — Sudden cardiac arrest symptoms and warning signs information sheet.

(a) The departments of education and health shall develop and post on the departments' respective websites guidelines and other relevant materials to inform and educate students, parents, and coaches about:
1. (1) The nature and warning signs of sudden cardiac arrest and the risks associated with continuing to play or practice after experiencing one (1) or more symptoms of sudden cardiac arrest, which include fainting, difficulty breathing, chest pains, dizziness, and an abnormal racing heart rate;
2. (2) Electrocardiogram (EKG) testing; and
3. (3) The student's or parent's option to request, from the student's family medical provider, that an electrocardiogram (EKG) be administered in addition to the student's comprehensive initial pre-participation physical examination, at a cost to be incurred by the student or the student's parent.
(b) The department of education, in collaboration with the department of health, shall develop a sudden cardiac arrest symptoms and warning signs information sheet that includes information about electrocardiogram (EKG) testing for purposes of § 49-6-3603. The information sheet must address the benefits and limitations of EKG testing.
(c) In developing the guidelines and materials under subsection (a), the departments may utilize materials developed by outside organizations.

§ 49-6-3603. Acknowledgment form — Informational meeting or video on website.

(a) A student participating in, or seeking to participate in, an athletic activity, and the student's parent or guardian must sign and return to the student's public school an acknowledgement of their receipt and review of a sudden cardiac arrest symptoms and warning signs information sheet developed by the department of education that includes information about electrocardiogram (EKG) testing. The acknowledgement form required under this subsection (a) must be signed and returned each year that a student participates in, or seeks to participate in, an athletic activity.
(b) Each LEA and public charter school shall hold an informational meeting before the start of each school athletic season or publish a video on the LEA's or public charter school's website for students, parents, coaches, and school officials to learn about the symptoms and warning signs of sudden cardiac arrest; heat illness; concussions and other head injuries; and other health, safety, and wellness issues related to sports participation, and to receive information about electrocardiogram (EKG) testing and each of the safety plans and policies implemented in the LEA pursuant to § 49-6-3601(b)(2). Physicians, pediatric cardiologists, and athletic trainers may participate in the informational meeting.

1 Backlink

49-6-3602(b)

Part 37 School Turnaround Pilot Program Act

§ 49-6-3701. Short title.

This part is known and may be cited as the “School Turnaround Pilot Program Act.”

§ 49-6-3702. Part definitions.

As used in this part:
1. (1) “Department” means the department of education;
2. (2) “Non-pilot school” means a priority school that is not assigned by the department to participate in the school turnaround pilot program;
3. (3) “Priority school” means a school placed in priority status pursuant to § 49-1-602 that is identified by the commissioner of education as a priority school;
4. (4) “School in need of intervention” means a priority school that is assigned by the department to the school turnaround pilot program; and
5. (5) “School turnaround pilot program” or “pilot program” means the pilot program developed by the department in accordance with this part.

§ 49-6-3703. Creation and development of four-year school turnaround pilot program for priority schools — Selection of priority schools — Operation and administration of program — Report.

(a) The department shall create and develop a four-year school turnaround pilot program for priority schools pursuant to § 49-6-3704.
(b) The department shall select five (5) priority schools that are diverse in grade levels to participate in the pilot program. The department shall select at least one (1) priority school from each grand division of this state to ensure that the priority schools selected to participate in the pilot program are geographically diverse.
(c) The department shall operate and administer the pilot program for four (4) school years beginning with the 2021-2022 school year. In the 2021-2022 school year, schools in need of intervention must develop a school turnaround plan.
(d)
1. (1) In the three (3) school years from the 2022-2023 school year through the 2024-2025 school year, each school in need of intervention must implement the school's respective school turnaround plan.
2. (2) The department shall evaluate the progress of each school in need of intervention to determine whether the school meets the priority school exit criteria established by the state's federally approved Every Student Succeeds Act (ESSA) plan established pursuant to the Every Student Succeeds Act (ESSA) (20 U.S.C. § 6301 et seq.) at the end of each school year of the pilot program. The department shall begin the department's evaluations of schools in need of intervention pursuant to this subdivision (d)(2) following the 2022-2023 school year and shall conclude its evaluations at the end of the 2024-2025 school year.
(e) By October 1, following the end of each school year in which the school turnaround pilot program is in effect, and at the end of the pilot program, the department shall file with the education committees of the senate and the house of representatives a report evaluating the progress of the pilot program. The report must address the implementation and effectiveness of comprehensive support and improvement plans implemented by non-pilot schools and school turnaround plans implemented by schools in need of intervention in addressing the prioritized needs of the respective school that resulted in the school's designation as a priority school. The final report must:
1. (1) Compare the student performance outcomes for the schools in need of intervention and for the non-pilot schools;
2. (2) Compare the outcomes for each of the schools in need of intervention, identifying:
  1. (A) How the school turnaround plans developed by the schools in need of intervention that met the priority school exit criteria during the pilot program differ from the schools in need of intervention that did not meet the priority school exit criteria during the pilot program; and
  2. (B) How the schools in need of intervention that did not meet the priority school exit criteria during the pilot program improved, if at all, during the pilot program; and
3. (3) Make recommendations as to whether the school turnaround plans developed as part of the pilot program should be replicated in non-pilot schools.

§ 49-6-3704. Use of outcomes-based performance measures to designate priority schools — Model school turnaround plan.

(a) The department shall use the same outcomes-based performance measures used in the state's accountability model to designate priority schools as schools in need of intervention for purposes of the school turnaround pilot program.
(b) Before the department designates a priority school as a school in need of intervention in accordance with subsection (a), the department shall develop a model school turnaround plan for local boards of education, school turnaround committees, and independent school turnaround experts to reference when creating school turnaround plans for schools in need of intervention.

1 Backlink

49-6-3703(a)

§ 49-6-3705. School in need of intervention.

(a) A local board of education shall require a priority school to participate in the school turnaround pilot program if the department designates the school as a school in need of intervention. By September 1, 2021, the department shall identify priority schools designated as schools in need of intervention to participate in the pilot program.
(b) A school in need of intervention that is required to participate in the pilot program must remain in the pilot program until the conclusion of the pilot program.

§ 49-6-3706. School turnaround committee — School turnaround plan.

(a) By September 30, 2021, the local board of education for a priority school that the department has designated as a school in need of intervention shall establish a school turnaround committee for each school in the LEA that is participating in the school turnaround pilot program. The school turnaround committee shall make recommendations concerning the school turnaround plan to the local board of education. The school turnaround committee must be composed of the following members:
1. (1) The local school board member who represents the voting district in which the school is located;
2. (2) The principal of the school;
3. (3) Three (3) parents of students enrolled in the school, to be appointed by the director of schools;
4. (4) Two (2) teachers at the school, to be appointed by the local board of education; and
5. (5) Two (2) teachers at the school, to be appointed by the director of schools.
(b)
1. (1) The members of the school turnaround committee must serve until the end of the pilot program, unless a member ceases to qualify for the position.
2. (2) Before the end of the pilot program, if a person replaces the local board of education member serving on the school turnaround committee on the local board of education, or, if the local board of education appoints a new principal of the school, then the new local board of education member or the new principal fills the position on the school turnaround committee held by the new local board of education member's or the new school principal's predecessor.
3. (3) If, before the end of the pilot program, a parent member ceases to have a student enrolled at the school in the pilot program, a teacher member ceases to teach at the school in the pilot program, or a parent or teacher member resigns or otherwise cannot fulfill the member's duties, then the member's position on the school turnaround committee is vacated and the respective appointing authority shall appoint a new member to serve the remainder of the pilot program on the school turnaround committee.
(c) By November 30, 2021, the local board of education shall contract with an independent school turnaround expert from a list of qualified experts provided by the department pursuant to § 49-6-3707, who shall develop a school turnaround plan in collaboration with the school turnaround committee that includes:
1. (1) The findings of the analysis conducted by the independent school turnaround expert described in § 49-6-3707;
2. (2) Recommendations compliant with state and federal law regarding changes to the school's personnel, culture, curriculum, assessments, instructional practices, governance, leadership, finances, policies, or other areas that may be necessary to implement the school turnaround plan;
3. (3) Measurable student achievement goals and objectives;
4. (4) A professional development plan that identifies strategies to address problems of instructional practice;
5. (5) A leadership development plan focused on strategies to turn around the school;
6. (6) How progress will be monitored and assessed;
7. (7) How data on progress will be communicated and reported to stakeholders; and
8. (8) A timeline for implementation that aligns with the timelines established for the pilot program in this part.
1 Backlink
- 49-6-3707(c)
(d)
1. (1) By March 1, 2022, the school turnaround committee shall submit the recommended school turnaround plan to the local board of education. The local board of education may recommend changes to the school turnaround committee for the school turnaround plan, but the school turnaround committee and the local board of education must agree on a final school turnaround plan. The local board of education shall submit the final school turnaround plan to the department for approval by April 1, 2022.
2. (2) If the local board of education and the school turnaround committee do not agree on the final school turnaround plan before April 1, 2022, then the local board of education and the school turnaround committee may independently submit a proposed school turnaround plan to the department for approval. The department may make any necessary changes to a proposed school turnaround plan submitted to the department, but shall approve one (1) of the proposed school turnaround plans for the school in need of intervention.
3. (3) Upon the department's receipt of a school turnaround plan submitted for approval pursuant to subdivision (d)(1), the department shall:
  1. (A) Review a school turnaround plan submitted for approval under subdivision (d)(1) within thirty (30) days of submission; and
  2. (B) Approve a school turnaround plan submitted in accordance with subdivision (d)(1) that is timely, well-developed, and aligned with the rubric developed by the department. The department may recommend additional changes to the school turnaround plan submitted to the department before the department approves the school turnaround plan.

§ 49-6-3707. Minimum qualifications required for independent school turnaround experts — List of qualified experts — Contract with independent school turnaround expert — Program to incentivize experts and schools to meet priority school exit criteria.

(a) The department shall establish the minimum qualifications required for independent school turnaround experts and provide LEAs with a list of at least two (2) qualified independent school turnaround experts. The list of qualified experts must be procured competitively and in compliance with all state laws and rules regarding the procurement of goods and services by state agencies. In establishing the minimum qualifications required for independent school turnaround experts, the department shall ensure that each qualified independent school turnaround expert:
1. (1) Has a credible track record of improving student academic achievement in public schools with various demographic characteristics, as evidenced by statewide assessment results;
2. (2) Has experience designing, implementing, and evaluating data-driven instructional systems in public schools;
3. (3) Has experience coaching public-school administrators and teachers on designing and implementing data-driven school turnaround plans;
4. (4) Has experience collaborating with the various education entities that govern public schools;
5. (5) Has experience delivering high-quality professional development and coaching in instructional effectiveness to public school administrators and teachers; and
6. (6) Is willing to travel to a school in need of intervention regardless of the school's location.
(b) The local board of education for a school in need of intervention shall select and contract with an independent school turnaround expert identified on the list of qualified independent school turnaround experts provided by the department to:
1. (1) Collect and analyze data on the achievement, personnel, culture, curriculum, assessments, instructional practices, governance, leadership, finances, and policies of a school assigned to the school turnaround group;
2. (2) Recommend changes compliant with state and federal law to the school's culture, curriculum, assessments, instructional practices, governance, finances, policies, or other areas based on data collected under subdivision (b)(1);
3. (3) Develop and implement, in partnership with the school turnaround committee, a school turnaround plan that meets the criteria described in § 49-6-3707(c);
4. (4) Monitor the effectiveness of a school turnaround plan through various means of evaluation, including, but not limited to, on-site visits, observations, surveys, analysis of student achievement data, and interviews;
5. (5) Provide ongoing implementation support and project management for a school turnaround plan;
6. (6) Provide high-quality professional development and coaching personalized for the staff of a school assigned to the school turnaround group that is designed to build the:
  1. (A) Leadership capacity of the school principal;
  2. (B) Instructional capacity of the school staff; and
  3. (C) Collaborative practices of teacher and leadership teams;
7. (7) Provide job-embedded professional learning and coaching for all instructional staff on an ongoing basis; and
8. (8) Provide a principal of a school assigned to the school turnaround group job-embedded professional learning and coaching at least twice per month during the school year that focuses on strategies to improve the performance of the school.
(c) The contract payments to the independent school turnaround expert required in § 49-6-3706(c) must be structured as follows:
1. (1) An independent school turnaround expert receives the initial fifty percent (50%) of the payment due for all services provided under the contract on a prorated basis over the term of the contract; and
2. (2) The local board of education shall not render the remaining fifty percent (50%) of the payment due to the independent school turnaround expert for all services provided under the contract until the end of the school turnaround pilot program, but such payment is only rendered if the school in need of intervention served by the independent school turnaround expert meets the priority school exit criteria by the end of the 2024-2025 school year.
1 Backlink
- 49-6-3707(b)(3)
(d) Subject to available funds, the department may develop a program to incentivize independent school turnaround experts, and the schools in need of intervention to which they are providing services, to meet the priority school exit criteria prior to the 2024-2025 school year.

2 Backlinks

§ 49-6-3708. Grants to facilitate implementation of interventions.

Subject to available funds, the department shall provide grants to local boards of education with schools in need of intervention to facilitate the implementation of interventions identified in an approved school turnaround plan, including the funding of contracts with qualified independent school turnaround experts.

Part 38 Age-Appropriate Materials Act of 2022

§ 49-6-3801. Short title.

This part is known and may be cited as the “Age-Appropriate Materials Act of 2022.”

§ 49-6-3802. Definitions.

As used in this part, unless the context otherwise requires:
1. (1) “Library collection” means the materials made available to students by a school operated by an LEA or by a public charter school, but does not include materials made available to students as part of a course curriculum; and
2. (2) “Materials” means books, periodicals, newspapers, manuscripts, films, prints, documents, microfilm, discs, cassettes, videotapes, videogames, applications, and subscription content in any form.

1 Backlink

49-6-2201(m)(2)

§ 49-6-3803. Materials review — Removal.

(a) Beginning with the 2022-2023 school year, each school operated by an LEA and each public charter school shall maintain a current list of the materials in the school's library collection. The list must be posted on the school's website.
(b) By the 2022-2023 school year, each local board of education and public charter school governing body shall adopt a policy for developing and reviewing school library collections. The policy must include:
1. (1) A procedure for the development of a library collection at each school that is appropriate for the age and maturity levels of the students who may access the materials, and that is suitable for, and consistent with, the educational mission of the school;
2. (2) A procedure for the LEA or public charter school to receive and evaluate feedback from a student, a student's parent or guardian, or a school employee regarding one (1) or more of the materials in the library collection of the student's or employee's school; and
3. (3) A procedure to periodically review the library collection at each school to ensure that the school's library collection contains materials appropriate for the age and maturity levels of the students who may access the materials, and that is suitable for, and consistent with, the educational mission of the school.
(c) If an LEA or public charter school receives feedback on material in accordance with the procedure established pursuant to subdivision (b)(2) and the LEA or public charter school does not reach a resolution on the material with the person who provided feedback on the material, then the local board of education or the public charter school governing body shall evaluate the material to determine whether the material is appropriate for the age and maturity levels of the students who may access the materials, and to determine whether the material is suitable for, and consistent with, the educational mission of the school.
(d) If the LEA or public charter school, including the local board of education or public charter school governing body, determines that material contained in the school's library collection is not appropriate for the age and maturity levels of the students who may access the materials, or is not suitable for, or consistent with, the educational mission of the school, then the school shall remove the material from the library collection.
(e) The procedures adopted pursuant to this section are not the exclusive means to remove material from a school's library collection, and do not preclude an LEA, a school operated by an LEA, a public charter school, or the governing body of a public charter school from developing or implementing other policies, practices, or procedures for the removal of materials from a library collection.

Part 39 Foster Care Liaison

§ 49-6-3901. Foster care liaison — Role and responsibilities.

(a) Each LEA shall designate a foster care liaison to facilitate LEA compliance with state and federal laws related to students who are in foster care and to collaborate with the department of children's services to address educational barriers for students in foster care.
(b) The role and responsibilities of a foster care liaison may include:
1. (1) Coordinating with the department of children's services on the implementation of state and federal laws related to students who are in foster care;
2. (2) Coordinating with foster care education program staff at the department of education;
3. (3) Attending training and professional development opportunities to improve LEA implementation efforts;
4. (4) Serving as the primary contact person for representatives of the department of children's services;
5. (5) Facilitating immediate enrollment of a child placed in foster care in the appropriate school;
6. (6) Facilitating the transfer of school records when a child is placed in foster care and changes schools;
7. (7) Facilitating data sharing with child welfare agencies consistent with state and federal privacy laws and rules;
8. (8) Serving as a point of contact and resource to students in foster care;
9. (9) Ensuring that students in foster care are enrolled in and regularly attending school; and
10. (10) Providing professional development and training to school staff on state and federal laws related to students in foster care and the educational needs of students in foster care.
1 Backlink
- 49-6-3902(a)

§ 49-6-3902. Building point of contact.

(a) An LEA may establish a building point of contact in each elementary school, middle school, and high school to assist in coordinating services and resources pursuant to § 49-6-3901(b) for students in foster care. These points of contact must be appointed by the director of schools of the LEA, in consultation with the school principal and the LEA foster care liaison.
(b) The LEA foster care liaison is responsible for training building points of contact.
(c) The department of education shall make best practices for choosing and training building points of contact available to each LEA.

Part 40 Student and Employee Safe Environment Act of 1996

§ 49-6-4001. Short title.

This part shall be known and may be cited as the “Student and Employee Safe Environment Act of 1996.”

§ 49-6-4002. Discipline policy — Code of conduct.

(a)
1. (1) Each local board of education and charter school governing body shall adopt a discipline policy to apply to the students in each school operated by the LEA or charter school governing body.
2. (2) A local board of education or charter school governing body may implement, as part of the LEA's or public charter school's discipline policy, holistic programs of positive behavior reinforcement and reward-based behavior modification systems, such as The Ticket Program, that are age-appropriate, encourage parent participation, and encourage students to make good life choices for a better future by reinforcing positive student behavior with rewards and incentives that are tailored to each school's unique student population, and that work with schools, parents, and the community to reinforce positive student behavior at home, at school, and in all aspects of community life. A local board of education or charter school governing body that implements a holistic program of positive behavior reinforcement or a reward-based behavior modification system, such as The Ticket Program, shall ensure that the program complies with state law.
(b) The director of schools or head of the charter school is responsible for overall implementation and supervision, and each school principal is responsible for administration and implementation of a code of conduct within the principal's school.
(c) In developing a discipline policy, the local board of education or charter school governing body shall seek recommendations from parents, employees of the LEA or charter school, law enforcement personnel, and youth-related agencies in the community.
(d) Each discipline policy or code of conduct must contain the type of behavior expected from each student, the consequences of failure to obey the standards, and the importance of the standards to the maintenance of a safe learning environment where orderly learning is possible and encouraged. Each policy must address:
1. (1) Language used by students;
2. (2) Respect for all school employees;
3. (3) Fighting, threats, bullying, cyberbullying, and hazing by students;
4. (4) Possession of weapons on school property or at school functions;
5. (5) Transmission by electronic device of any communication containing a credible threat to cause bodily injury or death to another student or school employee;
6. (6) Damage to the property or person of others;
7. (7) Misuse or destruction of school property;
8. (8) Sale, distribution, use, or being under the influence of drugs, alcohol, or drug paraphernalia;
9. (9) Disobedient, violent, abusive, uncontrollable, or disruptive student conduct on school property, on school buses, and at school-sponsored events;
10. (10) Other subjects that a local board of education or a charter school governing body chooses to include.
(e) Each local discipline policy must indicate that the following offenses are zero tolerance offenses:
1. (1) Unauthorized possession on school property of a firearm, as defined in 18 U.S.C. § 921;
2. (2) Aggravated assault as defined in § 39-13-102 upon any teacher, principal, administrator, any other employee of an LEA, or a school resource officer;
3. (3) Assault that results in bodily injury as defined in § 39-13-101(a)(1) upon any teacher, principal, administrator, any other employee of an LEA, or a school resource officer; and
4. (4) Unlawful possession of any drug, including any controlled substance, as defined in §§ 39-17-402 — 39-17-415, controlled substance analogue, as defined by § 39-17-454, or legend drug, as defined by § 53-10-101 on school grounds or at a school-sponsored event.
(f) Each local board of education and charter school governing body may adopt a discipline policy that promotes positive behavior and includes evidence-based practices to respond effectively to misbehavior and minimize a student's time away from school.
(g) Each discipline policy or code of conduct must state that a teacher, principal, school employee, or school bus driver may use reasonable force in compliance with § 49-6-4107.
(h) A discipline policy or code of conduct adopted by a local board of education or charter school governing body may authorize a teacher to withhold a student's phone from the student for the duration of the instructional time if the student's phone is a distraction to the class or student.

2 Backlinks

§ 49-6-4003. [Reserved]

§ 49-6-4004. Uniform and fair application of code of conduct.

The principal of each school shall apply the code of conduct uniformly and fairly to each student at the school without partiality or discrimination.

§ 49-6-4005. Adoption of different but consistent discipline policies or codes of conduct applicable to different classes of schools.

Each local board of education or charter school governing body may choose to adopt different but consistent discipline policies or codes of conduct to apply to different classes of schools, such as elementary, middle, junior high, and senior high schools, under its jurisdiction. The policies and codes of conduct must be uniform to the extent of maximum consideration for the safety and well-being of students and employees.

§ 49-6-4006. Civil liability.

(a) In addition to criminal penalties provided by law, there is created a civil cause of action for an intentional assault, personal injury or injury to the personal property of students or school employees when the assault occurs during school hours, on school property or during school functions, including travel to and from school on school buses. A person who commits such an assault or injury shall be liable to the victim for all damages resulting from the assault, including compensatory and punitive damages. Upon prevailing, the victim shall be entitled to treble damages and reasonable attorney fees and costs.
(b) It is a defense against a civil action for damages under this section that a teacher, principal, school employee or school bus driver in the exercise of the person's lawful authority used reasonable force under § 49-6-4107 that was necessary to restrain the student or to prevent bodily harm or death to another person.

§ 49-6-4007. Posting and distribution of discipline policy or code of conduct.

When a discipline policy or code of conduct has been adopted by a local board of education or charter school governing body, a copy must be posted on the LEA or school website. A copy must also be supplied to all school counselors, teachers, administrative staff, students, and parents.

§ 49-6-4008. [Reserved]

§ 49-6-4009. Student discipline code to include provision prohibiting indecent clothing.

(a) An LEA shall include in its student discipline code a provision prohibiting students from wearing, while on the grounds of a public school during the regular school day, clothing that exposes underwear or body parts in an indecent manner that disrupts the learning environment.
(b) An LEA shall specify in its student discipline code the disciplinary actions that shall be taken against a student for a violation of subsection (a).
(c) Subsection (a) shall not be enforced in a manner that discriminates against a student on the basis of race, color, religion, sex, disability, or national origin.

Part 41 School Discipline Act

§ 49-6-4101. Short title.

This part shall be known and may be cited as the “School Discipline Act.”

§ 49-6-4102. Students accountable for conduct on school bus.

Every school bus driver is authorized to hold every pupil strictly accountable for any disorderly conduct on any school bus going to or returning from school or a school activity.

§ 49-6-4103. Corporal punishment.

(a)
1. (1) Any teacher or school principal may use corporal punishment in a reasonable manner against any pupil for good cause in order to maintain discipline and order within the public schools.
2. (2)
  1. (A) Notwithstanding subsection (a)(1), prior to the administration of corporal punishment against a student, the student's teacher or school principal must document in the student's educational record that they have:
    1. (i) Acted to address the student's behavior;
    2. (ii) Provided consequences to the student to address the behavior;
    3. (iii) Consulted with the student's parent or legal guardian about the student's behavior; and
    4. (iv) Considered the need to conduct an initial evaluation to determine whether the student has a disability in accordance with the Individuals with Disabilities Education Act (20 U.S.C. § 1400 et seq.), chapter 10 of this title, and the state board of education's rules.
  2. (B) If, as a result of an evaluation conducted pursuant to subdivision (a)(2)(A)(iv), a student is found to have a disability, then corporal punishment may only be administered against the student if authorized in accordance with subsection (b).
(b)
1. (1) Notwithstanding subsection (a), teachers, school principals, or other school personnel are prohibited from using corporal punishment against any student who has a disability, unless an LEA's discipline policy permits the use of corporal punishment and a parent of a child who has a disability permits, in writing, the use of corporal punishment against the parent's child. The written permission must state the type of corporal punishment that may be used and the circumstances in which the use of corporal punishment is permitted. The school's principal must keep the written permission on file at the school. The school's principal must notify the parent any time corporal punishment is used. The school's principal must inform the parent, when the written permission for the use of corporal punishment is submitted, that the parent may revoke the permission to use corporal punishment at any time by giving written notice to the school's principal that corporal punishment may no longer be used against the parent's child who has a disability.
2. (2) As used in this subsection (b):
  1. (A) “School personnel” includes all individuals employed on a full-time or part-time basis by a public school; and
  2. (B) “Student who has a disability” means a student who has an individualized education program (IEP) under the Individuals with Disabilities Education Act (20 U.S.C. § 1400 et seq.), or a Section 504 plan under the Rehabilitation Act (29 U.S.C. § 701 et seq.).
3. (3) This subsection (b) does not authorize the use of corporal punishment by a person who is not permitted to administer corporal punishment under subsection (a).

1 Backlink

49-6-4107(b)

§ 49-6-4104. Rules and regulations.

Each local board of education shall adopt rules and regulations it deems necessary to implement and control any form of corporal punishment in the schools in its district.

§ 49-6-4105. Arrest and prosecution for injury to student.

(a) No action taken by a teacher or principal pursuant to this part shall be grounds for the issuance of an arrest warrant or for the pressing of criminal charges against the teacher or principal, unless a report of an investigation by appropriate law enforcement officials along with independent medical verification of injury is presented to the judge or magistrate prior to issuing the warrant. The investigative findings shall be presented to the judge or magistrate within fifteen (15) days of receipt of notification. The law enforcement agency shall give notice to the director of schools or the director of schools' designee at the time it is notified of the allegations.
(b) When an arrest warrant has been issued against a teacher for action taken pursuant to this part, the teacher shall be summoned to an administrative office or to a location other than on school grounds, so that students shall not be present, and shall be arrested there. The teacher is not to be arrested in the classroom or before any assembly of students. This subsection (b) shall not apply if a law enforcement officer reasonably believes that the teacher will flee from arrest or attempt to leave the jurisdiction of the court that issued the warrant.

§ 49-6-4106. [Reserved]

§ 49-6-4107. Use of reasonable force.

(a) A teacher, principal, school employee or school bus driver, in exercising the person's lawful authority, may use reasonable force when necessary under the circumstances to correct or restrain a student or prevent bodily harm or death to another person.
(b) Subsection (a) does not authorize use of corporal punishment by a person not permitted to administer corporal punishment under § 49-6-4103 or chapter 6, part 44 of this title.
(c) Subsection (a) does not authorize restraint or isolation of students for whom restraint or isolation is prohibited under chapter 10, part 13 of this title.
(d) A teacher, principal, school employee, or school bus driver using reasonable force in exercising the person's lawful authority in accordance with this section is immune from civil liability arising from the person's action pursuant to § 39-11-622, unless the teacher's, principal's, school employee's, or school bus driver's conduct is grossly negligent, reckless, or intentional misconduct. A person who is immune under this section is not the proximate cause of any resulting injuries.

8 Backlinks

§ 49-6-4108. Report detailing use of corporal punishment required.

(a) Beginning with the 2018-2019 school year, each LEA shall submit, at least annually, a report to the department of education detailing the LEA's use of corporal punishment. The report shall include, at a minimum:
1. (1) The school at which each instance of corporal punishment occurred;
2. (2) Information regarding the reason for each instance of corporal punishment;
3. (3) Whether an instance of corporal punishment involved a student with an active individualized education program, and if so, the primary disability category for which the student has an individualized education program; and
4. (4) Whether an instance of corporal punishment involved a student with an active 504 plan under Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794), and if so, the reason for which the student has a 504 plan.
(b) The report submitted pursuant to this section shall exclude any personally identifiable information and shall be created in accordance with the Family Education Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g), § 10-7-504, and any other relevant state or federal privacy law.
(c) The department shall report on its website the number of instances of corporal punishment in each LEA and the number of instances involving a student with an active individualized education program or an active 504 plan under Section 504 of the Rehabilitation Act of 1973.

§ 49-6-4109. Trauma-informed discipline policy.

(a) As a strategy to address adverse childhood experiences, as defined in § 49-1-230, each LEA and public charter school shall adopt a trauma-informed discipline policy. Each trauma-informed discipline policy must:
1. (1) Balance accountability with an understanding of traumatic behavior;
2. (2) Teach school and classroom rules while reinforcing that violent or abusive behavior is not allowed at school;
3. (3) Minimize disruptions to education with an emphasis on positive behavioral supports and behavioral intervention plans;
4. (4) Create consistent rules and consequences; and
5. (5) Model respectful, nonviolent relationships.
(b) The department of education shall develop guidance on trauma-informed discipline practices that LEAs must use to develop the policy required under subsection (a).

Part 42 School Security Act of 1981

§ 49-6-4201. Short title.

This part shall be known and may be cited as the “School Security Act of 1981.”

§ 49-6-4202. Part definitions.

As used in this part, unless the context otherwise requires:
1. (1) “Dangerous weapon” or “weapon” means any dangerous instrument or substance that is capable of inflicting any injury on any person;
2. (2) “Drug” means any controlled substance, controlled substance analogue, marijuana, alcohol, legend drug or any other substance the possession or use of which is regulated in any manner by any governmental authority, including the school system;
3. (3) “Drug paraphernalia” means all equipment, products and materials of any kind that are used, intended for use or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a drug, as defined in subdivision (2). An electronic pager in the possession of a student shall be included in this definition if used or intended for use as defined by this subdivision (3);
4. (4) “School” means all public schools that conduct classes in any grade from kindergarten through grade twelve (K-12);
5. (5) “School principal” or “principal” means the administrative head of a public school, by whatever title the person may be known;
6. (6) “School resource officer” means a law enforcement officer, as defined under § 39-11-106, who is in compliance with all laws, rules and regulations of the peace officers standards and training commission and who has been assigned to a school in accordance with a memorandum of understanding between the chief of the appropriate law enforcement agency and the LEA;
7. (7) “Student” means any person, regardless of age, enrolled in the public school; and
8. (8) “Visitor” means any person who is on school property, except for certificated personnel employed by the state or local board of education.

4 Backlinks

§ 49-6-4203. Legislative intent.

(a) It is the intent of the general assembly in enacting this part to secure a safe environment in which the education of the students of this state may occur.
(b) The general assembly recognizes the position of the schools in loco parentis and the responsibility this places on principals and teachers within each school to secure order and to protect students from harm while in their custody.
(c) It is the intent of this part to extend further, rather than limit, the authority of principals and teachers to secure order and provide protection of students within each school.
(d) The general assembly further recognizes that a rising level of violent activity and use of drugs is occurring in some public schools, especially in urban areas, and that these activities threaten the well-being of all students in those schools.
(e) The general assembly further finds that:
1. (1) The removal of dangerous weapons, drug paraphernalia and drugs from school property is necessary to lessen hazards to students and that removal can only be accomplished by searches of areas of the school buildings or grounds where those materials may be stored;
2. (2) On occasions when the use of dangerous weapons or drugs has reached a life or health threatening level, searches of students themselves may be necessary to protect the larger student body, and that often the searches must be conducted in emergency situations;
3. (3) Individual circumstances and local particularities require that individual principals must be relied on to exercise their professionally trained judgments in determining what action is appropriate within this part; and
4. (4) The presence on school property of students with drugs in their bodies may pose a threat to the safety and well-being of that student and other students, may be disruptive of school classes and other programs and may interfere with the educational opportunities and progress of all students.

1 Backlink

49-6-4213(b)

§ 49-6-4204. Search of lockers, vehicles, and other property.

(a) When individual circumstances in a school dictate, a principal may order that vehicles parked on school property by students or visitors, containers, packages, lockers or other enclosures used for storage by students or visitors, and other areas accessible to students or visitors be searched in the principal's presence or in the presence of other members of the principal's staff.
(b) Individual circumstances requiring a search may include incidents on school property, including school buses, involving, but not limited to, the use of dangerous weapons, drugs or drug paraphernalia by students that are known to the principal or other staff members, information received from law enforcement, juvenile or other authorities indicating a pattern of drug dealing or drug use by students of that school, any assault or attempted assault on school property with dangerous weapons or any other actions or incidents known by the principal that give rise to reasonable suspicion that dangerous weapons, drugs or drug paraphernalia are held on school property by one (1) or more students.
(c) A notice shall be posted in the school that lockers and other storage areas, containers, and packages brought into the school by students or visitors are subject to search for drugs, drug paraphernalia, dangerous weapons or any property that is not properly in the possession of the student.
(d) A notice shall be posted where it is visible from the school parking lot that vehicles parked on school property by students or visitors are subject to search for drugs, drug paraphernalia or dangerous weapons.

1 Backlink

49-6-4213(a)(1)

§ 49-6-4205. Search of students.

(a) A student may be subject to physical search because of the results of a locker search, or because of information received from a teacher, staff member, student or other person if such action is reasonable to the principal.
(b) All of the following standards of reasonableness shall be met:
1. (1) A particular student has violated school policy;
2. (2) The search will yield evidence of the violation of school policy or will lead to disclosure of a dangerous weapon, drug paraphernalia or drug;
3. (3) The search is in pursuit of legitimate interests of the school in maintaining order, discipline, safety, supervision and education of students;
4. (4) The search is not conducted for the sole purpose of discovering evidence to be used in a criminal prosecution; and
5. (5) The search shall be reasonably related to the objectives of the search and not excessively intrusive in light of the age and sex of the student, as well as the nature of the infraction alleged to have been committed.

1 Backlink

49-6-4213(a)(1)

§ 49-6-4206. Policy authorizing school security officer to patrol.

1. (a) As used in this section, “school security officer” means an individual who is employed exclusively by the local school board or LEA for the purpose of:
  1. (1) Maintaining order and discipline;
  2. (2) Preventing crime;
  3. (3) Investigating violations of school board policies;
  4. (4) Returning students who may be in violation of the law, school board, or LEA policies to school property or to a school-sponsored event until the officer can place the student into the custody of the school administrator or the administrator's designee, the school resources officer, or the appropriate law enforcement officer; and
  5. (5) Ensuring the safety, security, and welfare of all students, faculty, staff, and visitors in an assigned school.
2. (b) Each LEA may develop and adopt, in consultation with the appropriate local law enforcement agency, a policy that authorizes a school security officer employed by the LEA to patrol within a one-mile radius of the security officer's assigned school, but not to exceed the boundaries of the assigned school's LEA.
3. (c) If an LEA adopts a policy pursuant to subsection (a) then the LEA shall file a copy of the policy with the appropriate local chief law enforcement officer.
4. (d) In patrolling the one-mile radius of the school, the school security officer shall:
  1. (1) Only patrol for violations of the law that involve minors, including truancy; and
  2. (2) Immediately notify the appropriate local law enforcement agency of any violation of the law if the school security officer reasonably believes the individual committing the act to be a minor.

§ 49-6-4207. Use of metal detectors.

To facilitate a search that is found to be necessary of students, school visitors, containers or packages, metal detectors and other devices designed to indicate the presence of dangerous weapons, drug paraphernalia or drugs may be used in searches, including hand-held models that are passed over or around a student's or visitor's body, and students, visitors, containers and packages may be required to pass through a stationary detector.

§ 49-6-4208. Use of animals.

To facilitate a search that is found to be necessary, dogs or other animals trained to detect drugs or dangerous weapons by odor or otherwise may be used in conducting searches, but the animals shall be used only to pinpoint areas needed to be searched and shall not be used to search the persons of students or visitors.

§ 49-6-4209. Report of reasonable suspicion by principal to law enforcement officer.

(a) It is the duty of a school principal who has reasonable suspicion to believe, either as a result of a search or otherwise, that any student is committing or has committed any violation of title 39, chapter 17, part 4, § 39-17-1307, or § 39-17-1309 upon the school grounds or within any school building or structure under the principal's supervision, to report the reasonable suspicion to the appropriate law enforcement officer.
(b) School personnel have the duty to report any reasonable suspicion that a student is committing or has committed any violation of title 39, chapter 17, part 4 or § 39-17-1307 to the principal, or, if the principal is not available, to the principal's designee. If neither the principal nor the designee is available, school personnel may report violations of title 39, chapter 17, part 4 or § 39-17-1307 committed on school property to the appropriate authorities.

1 Backlink

49-6-2804(e)

§ 49-6-4210. Disposal of contraband.

Any dangerous weapon or drug located by the principal or other staff member in the course of a search shall be turned over to the appropriate law enforcement officer for proper disposal.

§ 49-6-4211. Defense of school personnel by LEA — Indemnity.

(a) The LEA shall defend principals and teachers against whom suit is brought on account of any action taken in accordance with this part if:
1. (1) The employees cooperate in the defense of the suit; and
2. (2) In the opinion of the LEA, the actions taken were not the result of willful, wanton or malicious wrongdoing.
(b) Each LEA shall indemnify principals and teachers from judgment against them if:
1. (1) The judgments result from actions or omissions arising out of performance of the duties imposed by this part and do not result from willful, wanton or malicious wrongdoing; and
2. (2) The employees have cooperated with the LEA in the defense of the suit.
(c) This section shall not be construed to indicate any waiver by the state of sovereign immunity or to make the state any insurer of the public officials mentioned in this section.

§ 49-6-4212. Training program for school principals — Notice of policies to parents and students.

(a) The LEA and the local law enforcement agency shall establish and maintain an orientation and training program designed to familiarize school principals with this part and with local policies and procedures for implementing and enforcing this part.
(b) The LEA shall provide parents and students with reasonable notice of the local policies and procedures.

§ 49-6-4213. Testing of students for drugs — Referral information and assistance for students testing positive.

(a)
1. (1) A student may be subject to testing for the presence of drugs in the student's body in accordance with this section and the policy of the LEA if there are reasonable indications to the principal that such student may have used or be under the influence of drugs. The need for testing may be brought to the attention of the principal through a search authorized by § 49-6-4204 or § 49-6-4205, observed or reported use of drugs by the student on school property, or other reasonable information received from a teacher, staff member or other student. All of the following standards of reasonableness shall be met:
  1. (A) A particular student has violated school policy;
  2. (B) The test will yield evidence of the violation of school policy or will establish that a student either was impaired due to drug use or did not use drugs;
  3. (C) The test is in pursuit of legitimate interests of the school in maintaining order, discipline, safety, supervision and education of students;
  4. (D) The test is not conducted for the sole purpose of discovering evidence to be used in a criminal prosecution; and
  5. (E) Tests shall be conducted in the presence of a witness. Persons who shall act as witnesses shall be designated in the policy of the local board of education.
2. (2) A student participating in voluntary extracurricular activities may be subject to random drug testing in the absence of individualized reasonable suspicion provided the standards set forth in subdivisions (a)(1)(B)-(E) are met.
(b) As used in this section and § 49-6-4203, “drugs” means:
1. (1) Any scheduled drug as specified in §§ 39-17-405 — 39-17-416; and
2. (2) Alcohol.
(c) Before a drug testing program is implemented in any LEA, the local board of education in that LEA shall establish policies, procedures and guidelines to implement this section within that LEA. The state board of education shall prepare a model policy, procedure and guidelines that may be adopted by local boards of education.
(d) Tests shall be conducted by properly trained persons in circumstances that ensure the integrity, validity and accuracy of the test results but are minimally intrusive and provide maximum privacy to the tested student. All tests shall be performed by an accredited laboratory. Specimens confirmed as positive shall be retained for at least ten (10) days for possible retesting or reanalysis.
(e) Students shall be advised in writing at the time of their enrollment that they are subject to testing. Notice to each student shall include grounds for testing, the procedures that will be followed and possible penalties. Students shall be advised of their right to refuse to undergo drug testing and the consequences of refusal.
(f)
1. (1) A parent of the student or a person legally responsible for the student shall be notified before any drug test is administered to the student.
2. (2) If an LEA adopts a policy permitting random drug testing of students in voluntary extracurricular activities, then, prior to a student participating in an extracurricular activity, the LEA shall notify the parents and guardians of any such student that the student may be subjected to random drug testing. A parent or guardian of a student participating in a volunteer extracurricular activity shall provide written consent for random drug testing prior to the student participating in the voluntary extracurricular activity.
(g) The LEA shall pay the cost of any testing required under this section.
(h) In any school where LEA or school policy allows tests provided for by this section, in-service training of principals and teachers will be conducted in signs and symptoms of student drug use and abuse and in the school policy for handling of these students. The department of mental health and substance abuse services shall cause qualified trainers to be available to the schools to conduct this training.
(i) Test reports from laboratories shall include the specimen number assigned by the submitting LEA, the drug testing laboratory accession number and results of the drug tests. Certified copies of all analytical results shall be available from the laboratory when requested by the LEA or the parents of the student. The laboratory shall not be permitted to provide testing results verbally by telephone.
(j)
1. (1) All specimens testing negative on the initial screening test or negative on the confirmatory test shall be reported as negative.
2. (2) If a student is tested and the results of the test are negative, all records of the test, request for a test or indication a student has been tested shall be expunged from all records, including school records.
(k)
1. (1) If a student is tested in a drug testing program and the results of the test are positive, all records of the test, request for a test or indication a student has been tested shall be confidential student records in accordance with § 10-7-504(a)(4)(A).
2. (2) No student who is tested under a random drug testing program and who tests positive shall be suspended or expelled from school solely as the result of the positive test.
3. (3) The principal or school counselor of the school in which a student who tests positive in a drug testing program is enrolled shall provide referral information to the student and to the student's parents or guardian. The information shall include information on inpatient, outpatient and community-based drug and alcohol treatment programs.
(l) Each LEA participating in the drug testing of students authorized in subsection (a) shall promulgate policies and procedures to ensure that those students testing positive receive the assistance needed. The assistance shall include an assessment to determine the severity of the student's alcohol and drug problem and a recommendation for referral to intervention or treatment resources as appropriate. Nothing in this section shall be construed to require LEAs to administer drug tests to students. Any system that elects to participate shall supply the testing materials and any subsequent counseling within existing local funds.
(m) Malicious use of authority granted by this section may be grounds for dismissal of the person so acting.

§ 49-6-4214. Nonpublic schools — Resource officers — Compliance — Contract stipulations.

(a) Notwithstanding another law to the contrary, a county or municipality may enter into a contract or memorandum of understanding with a nonpublic school authorizing the county's or municipality's law enforcement agency to provide school resource officers to the nonpublic school.
(b) A school resource officer assigned to a nonpublic school must comply with the employment standards for school resource officers outlined in § 49-6-4217.
(c) A contract or memorandum of understanding may stipulate:
1. (1) The duties and responsibilities of the parties;
2. (2) The burden of liability that arises from negligence or gross negligence by any party. A county or municipality may waive sovereign immunity for one (1) or more law enforcement officers for purposes of executing a contract or memorandum of understanding under this section;
3. (3) The length of the contract or memorandum of understanding;
4. (4) Salary, benefits, and schedule; and
5. (5) Any other provisions that the parties to the contract or memorandum of understanding deem necessary to effectuate the contract or memorandum of understanding.

§ 49-6-4215. Activities of criminal gangs on school property — Promulgation of rules and regulations.

(a) The LEAs of this state are authorized to promulgate and adopt rules and regulations to prohibit the activities of criminal gangs on school property. The rules and regulations may prohibit students in grades six through twelve (6-12) from:
1. (1) Wearing, while on school property, any type of clothing, apparel or accessory that denotes the students' membership in or affiliation with any criminal gang;
2. (2) Any activity that encourages participation in a criminal gang or facilitates illegal acts of a criminal gang; and
3. (3) Any conduct that is seriously disruptive to the educational process or endangers persons or property.
(b) The local law enforcement agency shall advise the local board, upon request, of criminal gangs and associated criminal gang activity.
(c) As used in this section, “criminal gang” means a formal or informal ongoing organization, association or group consisting of three (3) or more persons that has:
1. (1) As one (1) of its activities the commission of criminal acts; and
2. (2) Two (2) or more members who, individually or collectively, engage in or have engaged in a pattern of criminal gang activity.

§ 49-6-4216. [Reserved]

§ 49-6-4217. Employment standards for school resource officers.

(a) Training courses for school resource officers shall be designed specifically for school policing and shall be administered by an entity or organization approved by the peace officers standards and training (POST) commission.
(b) School resource officers shall participate in forty (40) hours of basic training in school policing within twelve (12) months of assignment to a school. Every year thereafter they shall participate in a minimum of sixteen (16) hours of training specific to school policing that has been approved by the POST commission.

2 Backlinks

§ 49-6-4218. Posting of speed limits on school grounds and parking lots.

Each LEA is encouraged to cause proper signs to be posted on school grounds and school parking lots that prohibit any person from operating or driving a motor vehicle or truck at a rate of speed in excess of ten miles per hour (10 mph).

§ 49-6-4219. Policy regulating use of electronic control devices.

Any law enforcement agency providing a school resource officer, school security officer or other law enforcement officer providing security at a school shall have a policy regulating the use of electronic control devices, which policy shall address training in the proper use of such devices, as well as investigation, documentation and review of such use, to include final approval of any report documenting such use by the agency's chief executive officer or sheriff.

Part 43 Reporting Student Offenses

§ 49-6-4301. School officials to report student offenses.

(a) Every teacher observing or otherwise having knowledge of an assault and battery or vandalism endangering life, health or safety committed by a student on school property shall report such action immediately to the principal of the school. Every principal having direct knowledge of an assault and battery or vandalism endangering life, health or safety committed by a student on school property or receiving a report of such action shall report the action immediately to the director of schools and the municipal or metropolitan police department or sheriff's department having jurisdiction. Any fight not involving the use of a weapon as defined in § 39-17-1309, or any fight not resulting in serious personal injury to the parties involved, shall be reported only to the school administrator.
(b) The report made to the law enforcement agency shall include, if known, the name and address of the offender, and the name and address of the victim, if any. The report shall also contain a description of the action and whatever additional information is requested by the law enforcement agency.
(c) The commissioner of education, in conjunction with the commissioner of safety, shall establish a statewide uniform violent incident reporting system that all LEAs shall follow. The uniform violent incident reporting system shall require all LEAs to report annually to the commissioner in a form and by a date prescribed by the commissioner, the following information concerning violent and disruptive incidents, as defined by the commissioner, that occurred in the prior school year:
1. (1) The type of offenders;
2. (2) If an offender is a student, the age and grade of the student;
3. (3) The location at which the incident occurred;
4. (4) The type of incident;
5. (5) Whether the incident occurred during or outside of regular school hours;
6. (6) Where the incident involved a weapon, whether the weapon was a firearm, knife or other weapon;
7. (7) The actions taken by the school in response to the incident, including when the incident was reported to law enforcement officials and whether disciplinary action was taken against the offenders by law enforcement;
8. (8) Any student discipline or referral action taken against a student offender and the duration of the action; and
9. (9) The nature of the victim and the victim's age and grade where appropriate.
1 Backlink
- 49-6-814
(d) The commissioner shall require a summary of the information from subsection (c) to be included, in a form prescribed by the commissioner, in the annual report published by the commissioner each year pursuant to § 49-1-211.
(e) Annually on or before February 1 of each year, the commissioner shall report to the governor and the general assembly concerning the prevalence of violent and disruptive incidents in the public schools and the effectiveness of school programs undertaken to reduce violence and assure the safety and security of students and school personnel. The report shall summarize the information available from the incident reporting system and identify specifically the schools and school districts with the least and greatest incidence of violent incidents and the least and most improvement since the previous year or years.

2 Backlinks

§ 49-6-4302. Tennessee school safety center.

(a) The department of education, in collaboration with the department of safety, shall establish a Tennessee school safety center to develop and evaluate training materials and guidelines on school safety issues, including behavior, discipline and violence prevention.
1 Backlink
- 49-1-201(e)(2)
(b) The Tennessee school safety center is responsible for the collection and analysis of data related to school safety, including alleged violent or assaultive acts against school employees and students. The center shall make periodic reports to the education committee of the senate and the education administration committee of the house of representatives on the status of school safety efforts.
(c) [Deleted by 2022 amendment.]
1 Backlink
- 49-1-201(e)(2)
(d) [Deleted by 2022 amendment.]
(e) [Deleted by 2022 amendment.]
(f) The department of safety, in collaboration with the department of education, shall develop a school security assessment for use in Tennessee public schools. The departments shall provide training to local law enforcement agencies and school administrators on the use of the school security assessment to identify school security vulnerabilities. Each LEA and public charter school shall submit to the department of safety an annual school security self-assessment for each school that uses the school security assessment pursuant to this subsection (f). The department of safety may conduct periodic reviews of public schools, as it deems necessary, to verify the effective implementation and use of school security assessments to enhance school security.
(g) [Deleted by 2022 amendment.]
(h) LEAs are authorized to act in partnership with local law enforcement agencies for the purpose of hiring school resource officers under the state grant program set forth in § 38-8-115.
(i) LEAs may use funding allocated through the Tennessee investment in student achievement formula (TISA) for programs that address school safety, including, but not limited to, innovative violence prevention programs, conflict resolution, disruptive or assaultive behavior management, improved school security, school resource officers, school safety officers, peer mediation, and training for employees on the identification of possible perpetrators of school-related violence.
(j) LEAs shall submit an annual school safety plan to the Tennessee school safety center. The Tennessee school safety center shall review school safety plans in collaboration with the state-level school safety team established under § 49-6-802. The Tennessee school safety center shall develop a template for school safety plans to ensure that plans describe, at a minimum, how TISA funds will be used to:
1. (1) Improve and support school safety;
2. (2) Meet the needs identified in a school security assessment conducted pursuant to this section; and
3. (3) Support the safety needs of LEA-authorized public charter schools, if applicable.

1 Backlink

49-6-811

Part 44 School Discipline in Special School Districts

§ 49-6-4401. Students accountable for conduct.

Every teacher in the special school district created by § 37-5-119 is authorized to hold every juvenile pupil strictly accountable for any disorderly conduct in school.

§ 49-6-4402. Corporal punishment.

(a) The chief administrative officer, or the chief administrative officer's designee, of any institution in which the schools are located, may use corporal punishment in a reasonable manner and in accordance with this part against any pupil for good cause in order to maintain discipline and order within such schools.
(b) Corporal punishment may be administered only in a classroom situation and only in the presence of the director of schools or chief administrative officer of the school and one (1) other faculty witness.
(c)
1. (1) Notwithstanding subsection (a), the chief administrative officer, or the chief administrative officer's designee, is prohibited from using corporal punishment against any student who has a disability, unless an LEA's discipline policy permits the use of corporal punishment and a parent of a child who has a disability permits, in writing, the use of corporal punishment against the parent's child. The written permission must state the type of corporal punishment that may be used and the circumstances in which the use of corporal punishment is permitted. The school's chief administrative officer must keep the written permission on file at the school. The school's chief administrative officer must notify the parent any time corporal punishment is used. The school's chief administrative officer must inform the parent, when the written permission for the use of corporal punishment is submitted, that the parent may revoke the permission to use corporal punishment at any time by giving written notice to the school's chief administrative officer that corporal punishment may no longer be used against the parent's child who has a disability.
2. (2) As used in this subsection (c), “student who has a disability” means a student who has an individualized education program (IEP) under the Individuals with Disabilities Education Act (20 U.S.C. § 1400 et seq.), or a Section 504 plan under the Rehabilitation Act (29 U.S.C. § 701 et seq.).

§ 49-6-4403. Rules and regulations.

(a) The department of children's services shall adopt rules and regulations that specifically designate the method of imposing corporal punishment and the circumstances that warrant corporal punishment in the schools within its special school district. The rules and regulations shall provide for only corporal punishment that is reasonably necessary for the proper education of the pupil.
(b) No corporal punishment shall be imposed until the rules and regulations have been promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(c) The rules and regulations shall provide for a written record to be kept of all use of corporal punishment, including the name of the person requesting the punishment and a brief description of the circumstances warranting its use.

§ 49-6-4404. Physical examination of student — Student's remedies.

(a) Within forty-eight (48) hours of the imposition of corporal punishment within the special school district, the pupil shall have the right to be examined by a physician to determine if the punishment was excessive.
(b) In any case in which the punishment is excessive, the pupil shall have the same civil and criminal remedies as any other pupil in the public schools.

Part 45 Harassment, Intimidation, Bullying and Cyber-Bullying.

§ 49-6-4501. Legislative findings — Safety and civility.

The general assembly finds and declares that:
1. (1) A safe and civil environment is necessary for students to learn and achieve high academic standards;
2. (2) Harassment, intimidation, bullying or cyber-bullying, like other disruptive or violent behavior, is conduct that disrupts a student's ability to learn and a school's ability to educate its students in a safe environment;
3. (3) Students learn by example. School administrators, faculty, staff and volunteers who demonstrate appropriate behavior, treating others with civility and respect and refusing to tolerate harassment, intimidation, bullying or cyber-bullying, encourage others to do so as well; and
4. (4) The use of telephones, cellular phones or other wireless telecommunication devices, personal digital assistants (PDAs), computers, electronic mail, instant messaging, text messaging, and websites by students in a manner that is safe and secure is essential to a safe and civil learning environment and is necessary for students to successfully use technology.

§ 49-6-4502. Part definitions.

As used in this part:
1. (1) “Cyber-bullying” means bullying undertaken through the use of electronic devices;
2. (2) “Electronic devices” include, but are not limited to, telephones, cellular phones or other wireless telecommunication devices, personal digital assistants (PDAs), computers, electronic mail, instant messaging, text messaging, and websites;
3. (3) “Harassment, intimidation or bullying” means any act that substantially interferes with a student's educational benefits, opportunities or performance; and:
  1. (A) If the act takes place on school grounds, at any school-sponsored activity, on school-provided equipment or transportation or at any official school bus stop, the act has the effect of:
    1. (i) Physically harming a student or damaging a student's property;
    2. (ii) Knowingly placing a student or students in reasonable fear of physical harm to the student or damage to the student's property;
    3. (iii) Causing emotional distress to a student or students; or
    4. (iv) Creating a hostile educational environment; or
  2. (B) If the act takes place off school property or outside of a school-sponsored activity, it is directed specifically at a student or students and has the effect of creating a hostile educational environment or otherwise creating a substantial disruption to the education environment or learning process.

§ 49-6-4503. Adoption of policy prohibiting harassment, intimidation, bullying or cyber-bullying by the school district.

(a) Each school district shall adopt a policy prohibiting harassment, intimidation, bullying or cyber-bullying. School districts are encouraged to develop the policy after consultation with parents and guardians, school employees, volunteers, students, administrators and community representatives.
(b) School districts shall include in the policies:
1. (1) A statement prohibiting harassment, intimidation, bullying or cyber-bullying;
2. (2) A definition of harassment, intimidation, bullying or cyber-bullying;
3. (3) A description of the type of behavior expected from each student;
4. (4) A statement of the consequences and appropriate remedial action for a person who commits an act of harassment, intimidation, bullying or cyber-bullying;
5. (5) A procedure for reporting an act of harassment, intimidation, bullying or cyber-bullying, including a provision that permits a person to report an act of harassment, intimidation, bullying or cyber-bullying anonymously. Nothing in this section may be construed to permit formal disciplinary action solely on the basis of an anonymous report;
6. (6) A procedure for the prompt and immediate investigation when an act of harassment, intimidation, bullying, or cyber-bullying is reported to the principal, the principal's designee, teacher, or school counselor. The principal or the principal's designee shall initiate the investigation within forty-eight (48) hours of receipt of the report, unless the need for more time is appropriately documented, and the principal or the principal's designee shall initiate an appropriate intervention within twenty (20) calendar days of receipt of the report, unless the need for more time is appropriately documented;
7. (7) A statement of the manner in which a school district shall respond after an act of harassment, intimidation, bullying or cyber-bullying is reported, investigated and confirmed;
8. (8) A statement of the consequences and appropriate remedial action for a person found to have committed an act of harassment, intimidation, bullying or cyber-bullying;
9. (9) A statement prohibiting reprisal or retaliation against any person who reports an act of harassment, intimidation, bullying or cyber-bullying and stating the consequences and appropriate remedial action for a person who engages in such reprisal or retaliation;
10. (10) A statement of the consequences and appropriate remedial action for a person found to have falsely accused another of having committed an act of harassment, intimidation, bullying or cyber-bullying as a means of reprisal or retaliation or as a means of harassment, intimidation, bullying or cyber-bullying;
11. (11) A statement of how the policy is to be publicized within the district, including a notice that the policy applies to behavior at school-sponsored activities;
12. (12) The identification by job title of school officials responsible for ensuring that the policy is implemented;
13. (13) A procedure for discouraging and reporting conduct aimed at defining a student in a sexual manner or conduct impugning the character of a student based on allegations of sexual promiscuity; and
14. (14) A procedure for a referral for appropriate counseling and support services for students involved in an act of harassment, intimidation, bullying, or cyber-bullying, when deemed necessary by the principal. The counseling and support services may be conducted by school counseling personnel who are appropriately trained, such as psychologists, social workers, school counselors, or any other personnel or resources available.
(c)
1. (1) Each LEA shall, at the beginning of each school year, provide teachers and school counselors a copy of the policy along with information on the policy's implementation, bullying prevention and strategies to address bullying and harassment when it happens. In addition, each LEA shall provide training to teachers and counselors regarding the policy and appropriate procedures relative to implementation of the policy. The department of education shall provide guidelines for such training and provide recommendations of appropriate, available and free bullying and harassment prevention resources.
2. (2) Each LEA shall also:
  1. (A) At the beginning of the school year, make available to students and parents information relative to bullying prevention programs to promote awareness of the harmful effects of bullying and to permit discussion with respect to prevention policies and strategies;
  2. (B) Beginning August 1, 2016, and annually thereafter, complete and submit a report to the department of education. The report shall be in a format provided by the department and shall include:
    1. (i) The number of harassment, intimidation, bullying, or cyber-bullying cases brought to the attention of school officials during the preceding year;
    2. (ii) The number of harassment, intimidation, bullying, or cyber-bullying cases where the investigation supported a finding that bullying had taken place;
    3. (iii) The number of harassment, intimidation, bullying, or cyber-bullying case investigations not initiated within forty-eight (48) hours of the receipt of the report and the reason the investigation was not initiated within forty-eight (48) hours;
    4. (iv) The number of harassment, intimidation, bullying, or cyber-bullying cases where an appropriate intervention was not initiated within twenty (20) calendar days of receipt of the report and the reason the intervention took longer than twenty (20) calendar days to initiate; and
    5. (v) The type of harassment, intimidation, bullying, or cyber-bullying identified and manner in which the harassment, intimidation, bullying, or cyber-bullying cases were resolved, including any disciplinary action against the student who was harassing, intimidating, bullying, or cyber-bullying.
3. (3) The department shall annually submit a report to the education committees of the house of representatives and the education committee of the senate updating membership on the number of harassment, intimidation, bullying, or cyber-bullying cases reported statewide, the number of LEAs implementing this part, the status of any investigations, including disciplinary actions against students, and any other information relating to the subjects of harassment, intimidation, bullying, or cyber-bullying as will be helpful to the committees in establishing policy in this area.
(d)
1. (1) The principal of a middle school, junior high school, or high school, or the principal's designee, shall investigate harassment, intimidation, bullying or cyber-bullying when a student reports to any principal, teacher or guidance counselor that physical harm or a threat of physical harm to such student's person or property has occurred.
2. (2) The principal, or the principal's designee, shall immediately inform the parent or legal guardian of a student involved in an act of harassment, intimidation, bullying, or cyber-bullying. The principal or the principal's designee shall inform the parents or legal guardians of the students of the availability of counseling and support services that may be necessary.
3. (3) Following any investigation required by this part, the principal or such principal's designee shall report the findings, along with any disciplinary action taken, to the director of schools and the chair of the local board of education.

1 Backlink

49-6-812

§ 49-6-4504. Adoption of policy prohibiting harassment, intimidation, bullying or cyber-bullying by LEA — Review.

Each LEA shall adopt a policy prohibiting harassment, intimidation, bullying, and cyber-bullying and is encouraged to review the policy at least once every three (3) years.

§ 49-6-4505. Reprisal or retaliation prohibited — Reporting harassment, intimidation, bullying or cyber-bullying — Immunity from damages.

(a) A school employee, student or volunteer may not engage in reprisal or retaliation against a victim of, witness to, or person with reliable information about an act of harassment, intimidation, bullying or cyber-bullying.
(b) A school employee, student or volunteer who witnesses or has reliable information that a student has been subjected to an act of harassment, intimidation, bullying or cyber-bullying is encouraged to report the act to the appropriate school official designated by the school district's policy.
(c) A school employee who promptly reports an act of harassment, intimidation, bullying or cyber-bullying to the appropriate school official in compliance with the procedures set forth in the school district's policy is immune from a cause of action for damages arising from any failure to remedy the reported act.
(d) Notwithstanding subsections (b) and (c), a school employee, student or volunteer who witnesses or possesses reliable information that a student has transmitted by an electronic device any communication containing a credible threat to cause bodily injury or death to another student or school employee shall report such information to the appropriate school official designated by the policy of the school district. Such school official shall make a determination regarding the administration of the report.

§ 49-6-4506. Task forces, programs or other initiatives.

School districts are encouraged to form harassment, intimidation, bullying or cyber-bullying prevention task forces, programs and other initiatives involving school employees, students, administrators, volunteers, parents, guardians, law enforcement and community representatives.

Part 50 Immunization of School Children

§ 49-6-5001. General provisions.

(a) The commissioner of health is authorized to designate diseases against which children must be immunized prior to attendance at any school, nursery school, kindergarten, preschool or child care facility of this state.
1 Backlink
- 49-6-5002(b)(1)
(b)
1. (1) It is the responsibility of the parents or guardian of children to have their children immunized, as required by subsection (a).
2. (2) Except as provided in subdivision (b)(3), in the absence of an epidemic or immediate threat of an epidemic, this section does not apply to any child whose parent or guardian files with school authorities a signed, written statement that the immunization and other preventive measures conflict with the parent's or guardian's religious tenets and practices, affirmed under the penalties of perjury.
3. (3) This section does not apply to an immunization, vaccination, or injection for the SARS-CoV-2 virus or any variant of the SARS-CoV-2 virus.
(c)
1. (1) No children shall be permitted to attend any public school, nursery school, kindergarten, preschool or child care facility until proof of immunization is given the admissions officer of the school, nursery school, kindergarten, preschool or child care facility except as provided in subsection (b).
2. (2) No child shall be denied admission to any school or school facility if the child has not been immunized due to medical reasons if the child has a written statement from the child's doctor excusing the child from the immunization.
3. (3) No child or youth determined to be homeless shall be denied admission to any school or school facility if the child or youth has not yet been immunized or is unable to produce immunization records due to being homeless. The enrolling school shall comply with any and all federal laws pertaining to the educational rights of homeless children and youth, including the McKinney-Vento Homeless Assistance Act (42 U.S.C. § 11431 et seq.).
(d) Each child attending any school, nursery school, kindergarten, preschool or child care facility without furnishing proof of immunization or exception under subsection (b) or (e), shall not be counted in the average daily attendance of students for the distribution of state school funds.
(e) Any immunization specified under this part shall not be required if a qualified physician certifies that administration of the immunization would be in any manner harmful to the child involved.
(f) The commissioner shall promulgate rules and regulations necessary to carry out this section.
(g) By October 1 of each year, the commissioner shall report the number of children in the state during the preceding school year who were determined to be homeless and who enrolled in public schools without being immunized or being able to produce immunization records and the average length of time required for these children to be immunized or to obtain their immunization records. The report shall be submitted to the education committee of the senate and the education administration committee of the house of representatives.
(h) Any communication provided to students or parents by any school, nursery school, kindergarten, preschool, or child care facility of this state regarding immunization requirements must include information on the grounds for exemption from the immunization requirement pursuant to subsections (c) and (e). The exemption information and immunization requirements must be:
1. (1) Provided in the same font size and style; and
2. (2) Located on the same page of the written or digital communication.
(i) As used in this section, “school”, “nursery school”, “kindergarten”, “preschool” or “child care facility” does not include a home school as defined in § 49-6-3050.

§ 49-6-5002. Certificate of immunization — Out-of-state immunization records.

(a) Proof of immunization shall be established by a certificate of immunization listing all immunizations that a child has received. The certificates shall be signed by a physician or a health care provider administering immunizations. All certificates of immunization shall be on forms furnished by the department of health.
(b)
1. (1) Notwithstanding subsection (a), out-of-state immunization records evidencing a child's immunization against the diseases designated by the commissioner of health for purposes of § 49-6-5001(a) are sufficient to permit a child to attend a public school, nursery school, kindergarten, preschool, or child care facility in this state.
2. (2) A parent of a child immunized in another state against the diseases designated by the commissioner must provide the department of health with the child's out-of-state immunization records for the parent's child to be permitted to attend a public school, nursery school, kindergarten, preschool, or child care facility in this state.
3. (3) The department shall not require a parent of a child immunized in another state to present the child for medical evaluation in this state in order for the child to obtain a certificate of immunization.
4. (4) This subsection (b) only applies to a natural or adopted child or stepchild of a member of the armed forces engaged in active military service of the United States or a member of the Tennessee national guard engaged in active military service of the United States.

§ 49-6-5003. Hepatitis B immunization.

(a) The department of health shall create a plan to protect young Tennesseans against Hepatitis B by immunization and to prevent the spread of the disease.
(b) The department shall also promulgate the necessary rules to add Hepatitis B to the schedule of immunizations required for kindergarten entry.

§ 49-6-5004. Promotion of eye, hearing and dental care awareness.

(a) Upon registration or as early as is otherwise possible and appropriate, public schools, nursery schools, kindergartens, preschools or child care facilities are encouraged to make reasonable efforts to apprise parents of the health benefits of obtaining appropriate eye, hearing and dental care for children.
(b) A health care professional is authorized to indicate the need for an eye, hearing or dental examination on any report or form used in reporting the immunization status for a child as required under this part. Health care professionals shall provide a copy of the report or form to the parents or guardians indicating the need to seek appropriate examinations for the child.
(c) If the parent or guardian of a child with a need for an eye or hearing examination is unable to afford the examination, an LEA of a county or municipality may use revenues from gifts, grants and state and local appropriations to provide the eye or hearing examinations.
(d) LEAs are encouraged to seek free or reduced-cost eye examinations from optometrists or ophthalmologists and free or reduced-cost hearing examinations from physicians or audiologists willing to donate their services for children who are unable to afford the eye or hearing examinations.
(e) The commissioner shall promulgate rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, that are necessary to carry out this section.

§ 49-6-5005. Information about meningococcal disease and influenza and the effectiveness of vaccination.

(a) LEAs shall ensure that schools provide parents and guardians with information about meningococcal disease and the effectiveness of vaccination against meningococcal disease at the beginning of every school year. This information shall include the causes, symptoms and means by which meningococcal disease is spread and the places where parents and guardians may obtain additional information and vaccinations for their children. Nothing in this subsection (a) shall be construed to require an LEA or school to provide or purchase vaccine against meningococcal disease.
(b) LEAs shall ensure that schools provide parents and guardians with information about influenza disease and the effectiveness of vaccination against influenza at the beginning of every school year. This information must include the causes, symptoms, and means by which influenza is spread and the places where parents and guardians may obtain additional information and vaccinations for their children. Nothing in this subsection (b) requires an LEA or school to provide or purchase vaccine against influenza. The department of education, in consultation with the department of health, shall provide information to LEAs to assist in the implementation of this subsection (b).

Part 51 Student Identification

§ 49-6-5101. Assignment of personal identification numbers — Identification and tracking of students with active duty military or reserve parents or guardians.

(a) To facilitate the identification and tracking of students from school to school and LEA to LEA, and to facilitate and make more efficient the keeping of records, all students shall be assigned a personal identification number upon entry into a Tennessee public school.
(b) To facilitate the identification and tracking of students with active duty military or reserve component parents or guardians from school to school, LEA to LEA, and state to state, and to facilitate and make more efficient the keeping of records, the personal identification number assigned to students with active duty military or reserve component parents or guardians shall be maintained by the department of education.
(c) The department shall:
1. (1) Create a data entry point that identifies students with active duty military parents or guardians;
2. (2) Disaggregate data to identify students with active duty parents and guardians and children of parents or guardians of the national guard or reserves as separate groups;
3. (3) Prescribe a uniform program for the collection, maintenance, and transfer of data that each LEA must adopt;
4. (4) Prescribe the format for the data; and
5. (5) Prescribe the date by which each LEA shall report the data to the department.
(d) The information collected pursuant to subsections (b) and (c) shall be utilized as cohort data as a report-only subgroup and not for the purposes of school, LEA, or teacher evaluations.
(e) The department shall establish, to the extent authorized by the Family Education Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g), and any regulations adopted pursuant thereto, a mechanism for a person or entity to have different types of access to the information contained in the database, to the extent that such information is necessary for the performance of a duty or that such information may be made available without posing a threat to the confidentiality of a student.
(f) For the purposes of subsection (e), “person or entity” includes state officers who are members of the executive or legislative branch, administrators of public schools and school districts, teachers and other educational personnel, and parents and guardians.

1 Backlink

49-1-702(13)

§ 49-6-5102. Conservation of constitutional rights in the workplace — Civil liability limited.

(a) The general assembly finds that:
1. (1) Teachers and employees of public schools and LEAs do not shed their constitutional rights to freedom of speech or expression while at work;
2. (2) Protecting the right to free speech for teachers and employees of public schools and LEAs promotes important state interests;
3. (3) The use of pronouns by teachers and employees of public schools and LEAs in an educational setting is a matter of free speech or expression; and
4. (4) A teacher or employee of a public school or LEA should never be compelled to affirm a belief with which the teacher or employee disagrees.
(b) A teacher or other employee of a public school or LEA is not:
1. (1) Required to use a student's preferred pronoun when referring to the student if the preferred pronoun is not consistent with the student's biological sex;
2. (2) Civilly liable for using a pronoun that is consistent with the biological sex of the student to whom the teacher or employee is referring, even if the pronoun is not the student's preferred pronoun; and
3. (3) Subject to an adverse employment action for not using a student's preferred pronoun, if the student's preferred pronoun is inconsistent with the student's biological sex.
(c) A public school or LEA is not civilly liable if a teacher or employee of the public school or LEA refers to a student using a pronoun that is consistent with the biological sex of the student to whom the teacher or employee is referring, even if the pronoun is not the student's preferred pronoun.

§ 49-6-5103. [Reserved]

§ 49-6-5104. Lists to be provided to department of education.

It is the responsibility of the director of schools or chief administrative officer in every LEA to forward to the department of education a complete listing of the names and identification numbers of each student in attendance at the time and in the manner specified by the commissioner.

§ 49-6-5105. Identification numbers — Limitations on use — Confidentiality.

The commissioner shall use the identification numbers furnished under this part for the purpose of tracking students and for other statistical reports or surveys, but for no other purpose. Listings of student names and identification numbers shall not be public records.

§ 49-6-5106. Use of name on birth certificate.

A student shall be enrolled in the name that appears on the student's certificate of live birth or certificate of birth by adoption if the adoption occurs prior to the child's entrance into school. The student shall be known by that lawful name in all facets of school records, report cards, student testing and any school activities. Name changes due to marriage of a student will be entered on the student's record upon receipt of a marriage certificate. Court-ordered name changes will be entered on the student's record upon receipt of the appropriate court document.

Part 60 Assessment and Graduation Requirements

§ 49-6-6001. Graduation requirements.

(a) To receive a full diploma upon graduation from high school, a student must meet requirements as set forth by the state board of education.
3 Backlinks
(b)
1. (1) As a strategy for assessing student readiness for postsecondary education, every public school student shall take an examination at grade eleven (11). This assessment shall be approved by the commissioner of education and provide information to assist in developing interventions for the purpose of improving student preparation for postsecondary achievement.
  1 Backlink
  - 49-6-3004(i)(3)
2. (2)
  1. (A) If an assessment required under subdivision (b)(1) is misadministered by fault of the assessment provider, as determined by the department of education, then the assessment provider must respond as follows:
    1. (i) An incident report on the misadministration must be provided to the department of education and the LEA or LEAs in which the misadministration occurred. The incident report shall provide remediation plans that will result in reportable scores, if possible;
    2. (ii) The assessment provider shall reimburse the LEA or LEAs in which the misadministration occurred for any exam that does not result in a reportable score for the student; and
    3. (iii) The assessment provider shall provide an opportunity for any student impacted by the misadministration to take the assessment again at no charge.
  2. (B) Failure to respond as required in subdivision (b)(2)(A) shall result in the state not continuing to use the assessment and shall be considered a breach of contract by the assessment provider.
3. (3) Subject to available appropriations each year, each student participating in the assessment pursuant to subdivision (b)(1) shall have the opportunity to retake the assessment one (1) additional time prior to graduation.
4. (4)
  1. (A) As a strategy for assessing and certifying students' career readiness and providing students with more choices in identifying career pathways, LEAs and public charter schools shall provide each high school senior the opportunity to take nationally recognized assessments in the 2023-2024 school year; provided, that the assessments:
    1. (i) Are standardized, criterion-referenced tests designed to measure a broad range of foundational workplace skills;
    2. (ii) Adhere to the Standards for Educational and Psychological Testing developed by the American Educational Research Association, American Psychological Association, and National Council on Measurement in Education;
    3. (iii) Assess and confirm readiness for a variety of jobs;
    4. (iv) Measure skills in a broad range of areas, including:
      1. (a) Critical thinking, mathematical reasoning, and problem-solving techniques in workplace situations;
      2. (b) Reading and comprehending graphic materials, including charts, graphs, diagrams, and floor plans to solve work-related problems; and
      3. (c) Reading and comprehending written information in documents, including emails, letters, directions, signs, bulletins, policies, websites, contracts, and regulations to make decisions and solve problems;
    5. (v) Align with research-based skill requirement profiles for specific industries and occupations;
    6. (vi) Lead to nationally recognized work-readiness certificates or credentials for individuals who meet the minimum proficiency requirements on the component assessments;
    7. (vii) Are available in paper and computer-based formats;
    8. (viii) Are aligned with a self-paced, modular skills curriculum that allows for skill remediation; and
    9. (ix) Are competitively procured by the department of education.
  2. (B) The department shall submit all contracts for the procurement of any good or service selected or approved by the department to effectuate subdivision (b)(4)(A) 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).
1 Backlink
- 49-3-104(17)
(c) All tests developed or used to implement this section, 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 as long as necessary to protect the integrity of the tests, and accordingly, are exempt from the requirements of § 10-7-503.
(d) The board shall require each LEA to provide remediation services to any student who fails a portion of any examination required under this section for the portion of the examination that the student failed.
(e) In addition to a full diploma, a certificate of attendance, or a special education diploma, the board shall adopt an occupational diploma for students with disabilities. The board shall set appropriate standards and benchmarks of attendance, academic achievement, and job readiness skills for the occupational diploma. A student is not required to comply with the testing requirements of subdivision (a)(1) in order to receive an occupational diploma.
(f) The commissioner of education is directed to establish dates for the administration of assessments required for graduation that provide the maximum instructional days possible prior to testing while maintaining compliance with all relevant federal law.
(g) Students who, in lieu of graduating from high school, obtain a high school equivalency credential approved by the state board of education shall be counted as a high school graduate of the high school that they attended or were eligible to attend for the purpose of calculating graduation rates; provided, however, that such students shall not be counted as graduates for purposes pursuant to which such inclusion in a graduation rate calculation is prohibited by federal law.
(h) No LEA shall require any enrolling or transferring student, who is in grade eleven (11) or higher and in the custody of the department of children's services or exiting its custody, to meet more than the minimum requirements for graduation set forth by the state board of education. The LEA shall issue a full diploma to any such student who meets the minimum requirements.
(i) The state board of education shall adopt an alternate academic diploma for students with the most significant cognitive disabilities who are assessed with the alternate assessment under § 49-1-612. The board shall ensure the diploma is aligned with the requirements for a regular high school diploma.
(j) A student whose individualized education program (IEP) or section 504 plan under the Rehabilitation Act of 1973 (29 U.S.C. § 701 et seq.) allows for testing accommodations shall be allowed to use the same testing accommodations while taking an assessment under the Tennessee comprehensive assessment program (TCAP) or an end-of-course assessment, required by the state board of education under subsection (a), as long as the accommodation does not invalidate the assessment.
(k) Notwithstanding subsection (b), for the 2019-2020 school year, public school students are not required to take an examination at grade eleven (11) to assess student readiness for postsecondary education.

4 Backlinks

§ 49-6-6002. Tests not to be conducted earlier than grade three (3) — Test dates.

(a) No state-mandated test shall be conducted earlier than grade three (3), except that when the first and second grade tests provided for in chapter 434, § 7 of the Public Acts of 1997 are available, these tests shall be conducted.
(b) The commissioner of education shall establish a schedule for the administration of the Tennessee comprehensive assessment program assessments and meet the provisions of § 49-1-226. The commissioner shall have the authority to adjust the schedule for reasons including, but not limited to, natural disaster, prolonged inclement weather, or serious outbreaks of contagious illness.

§ 49-6-6003. Comprehensive writing assessment.

A comprehensive writing assessment shall be conducted in at least one (1) grade within each of the following grade spans: elementary, middle grades and high school, as determined by the state board of education.

§ 49-6-6004. Computer science courses — Satisfaction of elective focus requirement.

Beginning with the 2016-2017 school year, the state board of education shall approve appropriate computer science courses that every candidate for a full high school diploma may enroll in and complete to satisfy the elective focus requirement for graduation. As used in this section, “computer science courses” shall include, but not be limited to, software engineering, computer programming, computer graphics and design, and computer-aided design.

§ 49-6-6005. Special education diplomas.

A special education diploma shall be awarded to students who have satisfactorily completed an individualized education program and who have satisfactory records of attendance and conduct, but who have not met the proficiency testing requirements established under § 49-6-6001.

§ 49-6-6006. Teacher endorsement for course requiring end of course examination to satisfy graduation requirements — Exception.

A teacher shall not teach a course in which an end of course examination is required for students to satisfy graduation requirements established by the state board of education pursuant to § 49-6-6001(a) if the teacher's license does not carry a subject specific endorsement for the subject area of the course, unless the teacher demonstrates sufficient content knowledge in the course material by taking and passing, at the teacher's own expense, a standardized or criterion-referenced test for the content area.

6 Backlinks

§ 49-6-6007. Annual notification of parents by department and LEAs as to mandated tests to be administered in the upcoming school year — Information to be posted — Methods for notification.

(a) No later than July 15 of each year, the department of education shall post on its website information about state mandated tests that shall be administered in the upcoming school year. The information shall include the name of the test, the purpose and use of the test, the grade or class in which the test is to be administered, the tentative date or dates on which the test will be administered and how and when parents and students will be informed of the results of the tests.
(b) No later than July 31 of each year, each LEA shall post on its website information about state mandated tests and tests mandated by the LEA that shall be administered in the upcoming school year. The information shall include the name of the test, the purpose and use of the test, the grade or class in which the test is to be administered, the tentative date or dates on which the test will be administered and how and when parents and students will be informed of the results of the test. An LEA is encouraged to disseminate annually this information to parents by other methods that the LEA finds reasonable and feasible, such as, posting on a school's website the information for tests that will be administered to students attending the school, discussion of state and LEA mandated tests at parent/teacher organization meetings or sending the information home with students. Beginning with the 2015-2016 school year and for school years thereafter, an LEA shall also disseminate the testing information to parents by placing the information in each school's student handbook, or other standard or policy guidebook that contains the policies and procedures of the school and is distributed annually.
(c)
1. (1) An LEA shall include, with the information required to be posted under subsection (b), a statement that informs parents how they can access the items on the student's state-required summative standardized assessments and the student's answers. An LEA shall also publicly provide this information to parents by the other methods of dissemination under subsection (b) that it has chosen or that are required, including publication in each school's student handbook or other standard policy guidebook that contains the policies and procedures of the school.
2. (2) The department shall create guidelines for LEAs on the implementation of this section for the purposes of increasing assessment transparency. The guidelines shall include provisions related to LEA communication about the purpose of each locally required standardized assessment; how each assessment complements and enhances student instruction and learning; and how each assessment serves a purpose distinct from required state assessments.
3. (3) [Deleted by 2022 amendment.]

§ 49-6-6008. Release of assessment information.

(a) Beginning with the 2016-2017 school year, the department of education shall provide LEAs with access to their students' Tennessee comprehensive assessment program (TCAP) and end-of-course assessment items and the students' answers on such assessments.
(b) Upon request, LEAs shall provide a student and the student's parents with access to the student's Tennessee comprehensive assessment program (TCAP) and end-of-course assessment items and the student's answers on such assessments.
(c) The release of assessment information pursuant to this section shall not include any items required by the department to validate future administrations of the assessments; items that are being field tested for future administrations of the assessments; or passages, content, or related items if the release would be in violation of copyright infringement laws.
(d) A teacher shall have access to the teacher's students' information identified in subsection (a) to assist the teacher in determining the students' mastery of state standards; to aid in planning instruction and support for the students' learning needs; and to improve the teacher's instruction.
(e) As used in this section, “parent” means the parent, guardian, or person who has custody of the child, or the individual who has caregiving authority under § 49-6-3001.
(f) The release of information pursuant to this section shall comply with the Data Accessibility, Transparency and Accountability Act, compiled in title 49, chapter 1, part 7.

§ 49-6-6009. Release of state assessment blueprints and scoring methodology — Testing windows for state assessments.

(a) Beginning with the 2016-2017 school year, the department of education shall annually release the Tennessee comprehensive assessment program (TCAP) and end-of-course state assessment blueprints and scoring methodology to LEAs and post such information to the department's website.
(b) In establishing testing windows for state assessments, the department of education shall provide maximum flexibility to LEAs and issue guidance related to testing preparation and logistics to ensure the entire school year continues to be utilized for instruction. Such guidance shall focus on daily quality instruction and engaged learning as the most effective test preparation and seek to minimize time spent on preparation for specific tests.

§ 49-6-6010. Tennessee Tri-Star Scholar.

(a)
1. (1) A student who earns a composite score of nineteen (19) or higher on the ACT, or an equivalent score on the SAT, and earns a capstone industry certification as promoted by the department of education, shall be recognized as a Tennessee Tri-Star Scholar upon graduation from high school.
2. (2) A student who fulfills the requirements of the Tennessee work ethic distinction program must be recognized as a Tennessee Tri-Star Scholar upon graduation from high school.
(b) The public high school from which a student who meets the specifications of subsection (a) graduates shall recognize the student's achievement at the graduation ceremony by placing an appropriate designation on the student's diploma, or other credential, or by providing a ribbon or cord to be worn with graduation regalia. The student shall be noted as a Tennessee Tri-Star Scholar in the school's graduation program.

§ 49-6-6011. Limitations on new statewide assessments.

(a) Notwithstanding any other law, the department of education and the state board of education are prohibited from mandating any statewide assessments for any grades or subjects beyond those assessments required as of the 2016-2017 school year until the 2020-2021 school year. The department shall ensure all data associated with existing assessments is accurate and timely.
(b) This section does not apply to assessments required by federal law, assessments required for the implementation of response to instruction and intervention, or to required field tests, or prohibit LEAs from voluntarily participating in assessments developed by the department of education or prohibit LEAs from requiring district-approved assessments.
(c) The department of education shall report to the education committee of the senate and the education instruction committee of the house of representatives all actions or procedures that have been implemented to ensure all data associated with existing assessments is accurate and timely.

§ 49-6-6012. Adverse action based on student achievement data generated from 2017-2018 TNReady assessments or TCAP tests administered in 2019-2020 school year prohibited.

(a) Notwithstanding any law to the contrary, no adverse action may be taken against any student, teacher, school, or LEA based, in whole or in part, on student achievement, student performance, or student growth data generated from:
1. (1) The 2017-2018 TNReady assessments; or
2. (2) 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.
(b) As used in this section, “adverse action” includes, but is not limited to, employment termination decisions, adverse compensation decisions, the identification of a school as a priority school, the assignment of a school to the achievement school district, or an action taken in violation of § 49-1-228(f) or § 49-1-617(d).

§ 49-6-6013. Administration of TCAP tests in paper format — Online verification test.

Tennessee comprehensive assessment program (TCAP) tests administered in the 2019-2020 school year must be administered in paper format. Before TCAP tests are administered in the 2020-2021 school year, each LEA shall participate in an online verification test conducted by the department of education. The commissioner of education shall determine, based on the results of the online verification test, the format for TCAP tests administered in the 2020-2021 school year.

§ 49-6-6014. TCAP tests not required in spring of 2019-2020 school year.

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, shall not be required in the spring of the 2019-2020 school year. This section does not prohibit an LEA or school from voluntarily administering TCAP tests to students in the 2019-2020 school year.

§ 49-6-6015. Timed format for TCAP tests.

(a) Tennessee comprehensive assessment program (TCAP) tests may be administered to students in a timed format. The department of education shall establish the required time limit for each TCAP test and an optional additional time period that may be added to the required time limit for each test if requested by a student.
(b) A test administrator may provide the additional time period at the request of the student or a parent of the student. The optional additional time period must be used consecutively to the required time limit for each test. Notwithstanding this section to the contrary, the administrator shall not provide the optional additional time period if the optional additional time period would invalidate the results of the test.
(c) This section does not supersede an LEA or public charter school's obligation to comply with the federal Individuals with Disabilities Education Act (20 U.S.C. § 1400 et seq.), or Section 504 of the Rehabilitation Act (29 U.S.C. § 794).

§ 49-6-6016. Release of assessment information — Promulgation of rules.

(a) An LEA or the department of education shall provide any testing materials or proposed testing materials that are in the LEA's or department of education's possession to a member of the general assembly upon the member's request to inspect and review the materials.
(b) The state board of education shall promulgate rules to protect the integrity and confidentiality of materials that are disclosed pursuant to this section. The rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(c) The release of assessment information pursuant to this section shall not include:
1. (1) Items required by the department to validate future administrations of the assessments;
2. (2) Items that are being field tested for future administrations of the assessments;
3. (3) Passages, content, or related items if the release would be in violation of copyright infringement laws; or
4. (4) Items that would that impact the validity, reliability, or cost of administering the assessment or proposed assessment.
(d) The release of information pursuant to this section must comply with the Data Accessibility, Transparency and Accountability Act, compiled in chapter 1, part 7 of this title; the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. 1232g); and § 10-7-504.

§ 49-6-6017. Section definitions — LEA or public charter school credit exams — Credit requirements — Credit exams — Reporting requirements.

(a) As used in this section:
1. (1) “Credit exam” means a comprehensive assessment designed by an LEA or public charter school that is aligned to the Tennessee academic standards for an eligible course;
2. (2) “Eligible course” means a course identified by the department of education, and approved by the state board of education, for which there is no end-of-course assessment; and
3. (3) “Qualifying score” means the score set by an LEA or public charter school that a student must achieve on a credit exam to demonstrate proficiency and earn credit for the eligible course for which the credit exam is administered.
(b) An LEA or public charter school that serves students in any of the grades nine through twelve (9-12) may grant a high school student credit for an eligible course offered by the student's high school in which the student is not enrolled, but for which the student attains a qualifying score on the eligible course's credit exam. An LEA or public charter school that serves students in any of the grades nine through twelve (9-12) shall provide each high school student the opportunity to take a credit exam for an eligible course each semester in which the LEA or public charter school offers an eligible course for which the LEA has developed a credit exam. A student may only take a credit exam once per eligible course for purposes of this section.
(c) The department of education shall recommend to the state board of education for approval a list of eligible courses for which an LEA or public charter school may develop a credit exam for purposes of this section. The list of eligible courses must include courses in math, English language arts, science, and social studies. The department may recommend eligible courses in additional subject areas.
(d) High school credit earned pursuant to this section must count toward the high school graduation requirements established pursuant to § 49-6-6001(a). A student may earn a maximum of four (4) graduation credits pursuant to this section. If a student receives a qualifying score on a credit exam, then the student's score must be included in the student's overall grade point average pursuant to local board policy.
(e) A credit exam developed by an LEA or public charter school pursuant to this section must cover the entirety of the Tennessee course standards for the course for which the student may receive credit.
(f) A credit exam administered for purposes of this section shall not affect the evaluation of a teacher, principal, school, or LEA.
(g) Each local board of education and charter school governing body that serves students in any of the grades nine through twelve (9-12) shall adopt a policy on the implementation of this section. The policy must include, at a minimum:
1. (1) When and how credit exams are to be administered to students seeking course credit pursuant to this section;
2. (2) The qualifying score for each credit exam administered to students pursuant to this section; and
3. (3) The grade that will be included in a student's overall grade point average for the student's achieving the qualifying score on each credit exam administered to the student pursuant to this section.
(h) An LEA or public charter school that serves students in any of the grades nine through twelve (9-12) shall provide the following information to the department of education at the end of each school year:
1. (1) A copy of each credit exam developed by the LEA or public charter school pursuant to this section;
2. (2) The number of credit exams administered during the school year;
3. (3) The eligible courses for which credit exams were administered; and
4. (4) The number of students that did and did not receive a qualifying score on each credit exam administered for purposes of this section.
(i)
1. (1) Upon the request of the education committee of the senate, the education administration committee of the house of representatives, or the education instruction committee of the house of representatives, the department of education shall submit a report regarding the implementation of this section.
2. (2) The information reported pursuant to this subsection (i) 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 61 Behavioral And Emotional Disorders

§ 49-6-6101. Improvement and coordination of services.

The state departments of education, mental health and substance abuse services, and intellectual and developmental disabilities shall take the following actions to improve and coordinate services for behavioral/emotionally disordered children. Any policy change required as a result of these actions will be presented to the state board of education for review and approval:
1. (1) Delineation of each state and local agency's responsibilities;
2. (2) Development of joint agency planning and training, especially between Tennessee's state and local agencies of mental health and substance abuse services, intellectual and developmental disabilities and education;
3. (3) Development of a systematic process for securing funding for a continuum of related service options;
4. (4) Development of a definition of the target population;
5. (5) Development of ongoing needs assessment process that addresses:
  1. (A) The complex and diverse needs of the children and their families; and
  2. (B) The resources of schools, mental health/intellectual and developmental disabilities providers, and public/private agencies;
6. (6) Prepare an inventory of a continuum of existing services and options, known private or public agencies and families;
7. (7) Development of an interagency agreement on the principles to be included in a plan of care as they relate to intervention or treatment goals. The plan of care shall have:
  1. (A) Child involvement if developmentally appropriate;
  2. (B) Measurable outcomes;
  3. (C) Identification of agency or agencies that shall monitor the plan of care;
  4. (D) Family involvement; and
  5. (E) Sensitivity to unique cultural needs; and
8. (8) Development of interagency training plan in the area of truancy prevention.

Part 70 Parent Educational Participation Act

§ 49-6-7001. General provisions.

(a) This section shall be known and may be cited as the “Parent Educational Participation Act.”
(b)
1. (1) It may be the duty of the board of education of each school district to develop a program for the voluntary participation of parents in the educational and teaching process at the school in which the parent has a child enrolled in school.
2. (2) It may include, but shall not be limited to, such activities as educational assistant, library assistant, hall monitor, recreation supervisor and any other activity that enables the parent to more fully observe and understand the school, the faculty, the students and the educational and teaching activities.
3. (3) The parent's participation shall be varied.
4. (4) In any school having a full-time principal with no teaching duties and a school secretary, the principal may maintain records on the program at the school and submit conclusions and recommendations to the board on the effectiveness of the program as to the student and parent.
5. (5) State employees with children enrolled in schools may, subject to department approval or the approval of the employees' immediate supervisor, take off up to one (1) day a month from work to voluntarily participate in the educational and teaching process described in this subsection (b). Upon request of a state employee, a school shall provide documentation verifying the employee's participation in the educational and teaching process.
6. (6) Private employers, subject to the constraints and resources of their workplaces, are urged to develop programs that permit their employees with children in school to take time from work to voluntarily participate in the educational and teaching process described in this subsection (b).
(c) The state board of education may establish guidelines for the development of programs by the local board of education and may assure that each school district has such a program.
(d) The board of education of each school district may periodically schedule alternate meetings to the regular parent-teachers association meeting to permit working parents to attend.

§ 49-6-7002. Parent-teacher meetings.

(a) This section shall be known and may be cited as the “Parent-Teacher Partnership Act of 1989.”
(b) It is the duty of the board of education of each school district to develop a program whereby parents or guardians and appropriate faculty members may meet at least two (2) times per school year to discuss any pertinent problems or other matters of concern regarding the development and education of each student who is enrolled in the school system. However, these meetings shall not occur during school hours of any day that is counted for purposes of meeting the one hundred eighty (180) days of classroom instruction required by § 49-6-3004, nor shall the meetings be substituted for a day of classroom instruction; provided, that these restrictions on meetings shall not bar any LEA from scheduling the meetings at a time beyond the six and one-half (6½) hour classroom instructional time or during any free time that a teacher might have available during the six and one-half (6½) hours.
(c) LEAs are urged to consider the work schedules and needs of working parents when scheduling parent-teacher meetings.

§ 49-6-7003. Parental inspection of school instructional materials.

(a) The board of education shall adopt and file in its official operating policy pamphlet its policy on inspection of school instructional materials by parents or legal guardians of students enrolled in that LEA.
(b) The policy shall provide that a parent or legal guardian is entitled to:
1. (1) Review all teaching materials, instructional materials, and other teaching aids used in the classroom of the parent or legal guardian's child; and
2. (2) Review tests that are developed by and graded by a teacher of the parent or legal guardian's child.
(c) The LEA shall make all teaching materials, including handouts readily available for review upon request by the parents or legal guardians.

1 Backlink

49-6-1005(c)(3)

§ 49-6-7004. Parental involvement contracts.

(a) As used in this section, “parent” means the parent, guardian or person who has custody of the child or individual who has caregiving authority under § 49-6-3001.
(b) LEAs are encouraged to develop and implement parental involvement contracts with parents of students. These parental involvement contracts will be voluntary and should be designed to encourage and facilitate a parent's involvement with the parent's child's education.
(c) The department of education shall develop a model parental involvement contract that may be used by LEAs. The model parental involvement contract shall provide that a parent will commit to do at least the following:
1. (1) Review homework assignments and offer assistance when needed;
2. (2) Sign report cards;
3. (3) Ensure that the student gets to school each day, on time and ready to learn;
4. (4) Demonstrate interest in the student's well-being by attending school functions and supporting the student's school activities; and
5. (5) Make every effort to attend parent-teacher conferences.
(d) In signing a contract, the parent shall agree to maintain within the parent's best efforts involvement with the parent's child's education to the extent required by the contract. The contract should include a means for a parent to explain any obstacles that may prevent the parent from complying with the contract. If a contract includes an explanation of obstacles that may prevent the parent from complying with the contract, then school employees shall consider accessing possible resources to help overcome the obstacles identified.

§ 49-6-7005. Improving parental involvement in children's education.

(a) As used in this section, “parent” means parent, guardian or legal custodian who is required under § 49-6-3001 to enroll the child in school.
(b) LEAs are authorized and encouraged to partner with individuals, community and faith-based groups and organizations and nonprofit and for-profit entities to design and implement programs to improve parental involvement in their children's education and schools, particularly in high priority schools or school systems.
(c) LEAs shall identify or encourage development of parenting classes that are provided at low or no cost to parents by organizations within the community and that are designed to improve parental involvement in their children's education.
(d) Parenting classes in these parent involvement programs should provide parents with information and skills related to improving student performance. For example, these classes may address:
1. (1) How to be a positive role model for children in motivating them to do well in school;
2. (2) How to maximize the benefits of parent-teacher conferences;
3. (3) The importance of sleep and good nutrition in school performance;
4. (4) How to help with homework assignments and to establish an environment conducive to completion of homework assignments;
5. (5) Techniques that can be taught students to improve studying and classroom performance;
6. (6) How to access and use technology provided by the LEA or school that furnishes information about school assignments, activities and events and about student attendance and performance;
7. (7) The importance of school attendance and the consequences of truancy;
8. (8) How to help students prepare for entrance into college or the workforce; and
9. (9) Ways of becoming involved in a child's school, including opportunities to volunteer in the school.
(e) LEAs may solicit donations from its partners to fund rewards for schools or classes in which a high percentage of parents participate in at least two (2) parenting classes to learn skills related to improving student performance. Rewards may include equipment and supplies for the school or the class being rewarded or for specific programs offered by the school and field trips and other educational activities that would benefit the school or the class of students being rewarded. LEAs may devise ways of providing recognition to schools or classes in which a high percentage of parents participate in at least two (2) parenting classes, as well as recognizing the parents who participated.
(f) LEAs shall encourage parents who participate in the parenting classes to be a positive influence on parents, whose children enter the school for the first time during the next school year, and on parents who have not attended the parenting classes, to promote participation in the parental involvement program.

Part 80 Tennessee School Employee Religious Liberty Act of 1999

§ 49-6-8001. Short title.

This part shall be known and may be cited as the “Tennessee School Employee Religious Liberty Act of 1999.”

§ 49-6-8002. Legislative findings.

(a) The general assembly finds the following:
1. (1) Judicial decisions concerning religion, free speech and public education are widely misunderstood and misapplied;
2. (2) Confusion surrounding these decisions has resulted in needless litigation and conflicts;
3. (3) The supreme court of the United States has ruled that the establishment clause of the first amendment to the United States constitution requires that public schools neither advance nor inhibit religion. Public schools should be neutral in matters of faith and treat religion with fairness and respect;
4. (4) Neutrality to religion does not require hostility to religion. The establishment clause does not prohibit reasonable accommodation of religion, nor does the clause bar appropriate teaching about religion; and
5. (5) Accommodation of religion is required by the free speech and free exercise clauses of the first amendment as well as by the Equal Access Act (20 U.S.C. § 4071 et seq.).
(b) The purpose of this part is to create a safe harbor for schools desiring to avoid litigation and to allow the free speech and religious liberty rights of school employees to the extent permissible under the establishment clause.

§ 49-6-8003. Part definitions.

As used in this part, unless the context otherwise requires:
1. (1) “Establishment clause” means the portion of the first amendment to the United States constitution that forbids laws respecting an establishment of religion;
2. (2) “Free exercise clause” means the portion of the first amendment to the United States constitution that forbids laws prohibiting the free exercise of religion;
3. (3) “Free speech clause” means the portion of the first amendment to the United States constitution that forbids laws abridging the freedom of speech;
4. (4) “Public school” means any school that:
  1. (A) Is operated by the state, a political subdivision of the state or governmental agency within the state; and
  2. (B) Receives state financial assistance; and
5. (5) “School employee” means an individual employed on a full-time or part-time basis by a public school.

§ 49-6-8004. Rights of employees.

(a) A school employee shall have the right to carry out an activity described in any of subdivisions (b)(1)-(4); provided, that the school employee:
1. (1) Does not interfere with the rights of other school employees;
2. (2) Does not disrupt the educational process;
3. (3) Does not harass other persons or coerce other persons to participate in the activity; and
4. (4) Does not otherwise infringe on the rights of other persons.
(b) Subject to subsection (a), a school employee shall be permitted to voluntarily:
1. (1) Read a religious book during noninstructional time;
2. (2) Quietly say grace before a meal;
3. (3) Wear religious garb or jewelry that does not disrupt the school environment; and
4. (4) Meet with other school employees for prayer or scriptural study before or after school or during the employee's lunch period.
(c) No action may be maintained pursuant to this part unless the school employee has exhausted the following administrative remedies:
1. (1) The school employee states the employee's complaint to the school's principal;
2. (2) If the concerns are not resolved, then the school employee shall make complaint in writing to the director of schools with the specific facts of the alleged violation;
3. (3) The director of schools shall investigate and take appropriate action to ensure that the rights of the school employee are resolved within thirty (30) days of receiving the written complaint; and
4. (4) Only after the director of schools' investigation and action may a school employee pursue any other legal action pursuant to this part.
(d) If a right of a school employee established under this section is violated by a public school, the employee may assert the violation as a cause of action or a defense in a judicial proceeding, administrative or disciplinary hearing and obtain injunctive relief against the public school. The action shall be brought in the circuit or chancery court where the violation occurred or where the employee resides. Standing to assert a cause of action or defense under this section shall be governed by the Tennessee rules of civil procedure and common law interpretations of those rules.
(e) A school employee prevailing in a claim brought against a public school for a violation of this section may be awarded reasonable attorney fees and costs.

§ 49-6-8005. Construction with first amendment establishment clause.

(a) Nothing in this part shall be construed to affect, interpret or in any way address the establishment clause.
(b) The specification of religious liberty or free speech rights in this part shall not be construed to exclude or limit religious liberty or free speech rights otherwise protected by federal, state or local law.

§ 49-6-8006. Employees should not violate first amendment establishment clause.

Nothing in this part shall be construed to support, encourage or permit a school employee to lead, direct or encourage any religious or antireligious activity in violation of that portion of the first amendment of the United States constitution prohibiting laws respecting an establishment of religion.

Part 81 Move On When Ready Act

§ 49-6-8101. Short title.

This part shall be known and may be cited as the “Move on When Ready Act.”

§ 49-6-8102. Part definitions.

As used in this part, unless the context otherwise requires:
1. (1) “AP” means the advanced placement program offered by the college board;
2. (2) “Conditional entry” means a student has met the requirements of § 49-6-8103, but the student is subject to completing existing academic requirements for admission into a specific program at the public four-year institution in which the student enrolls. A public four-year institution shall not impose additional course requirements beyond what is specified in § 49-6-8103 for general admission to the institution, except a student shall meet the required composite ACT score for general admission to the institution; and
3. (3) “IB” means the international baccalaureate programme.

§ 49-6-8103. Early high school graduation program.

(a) Beginning with the 2012-2013 school year, a public school student may complete an early high school graduation program and be eligible for unconditional entry into a public two-year institution of higher education or conditional entry into a public four-year institution of higher education, if the student meets the requirements of this section.
(b) Each student desiring to complete an early graduation program shall indicate to the high school principal the student's intent prior to the beginning of grade nine (9) or as soon thereafter as the intent is known. The intent shall be indicated on a form provided by the department of education and signed by the parent.
(c) For early graduation and unconditional entry into a public two-year institution or conditional entry into a public four-year institution, a student shall:
1. (1) Achieve a benchmark score as determined by the state board of education for each subject area in which end-of-course examinations are administered;
2. (2) Successfully complete seventeen (17) credits to include:
  1. (A) English I, II, III, and IV;
  2. (B) Algebra I and II;
  3. (C) Geometry;
  4. (D) United States history;
  5. (E) Two (2) courses in the same foreign language;
  6. (F) One (1) course selected from the following:
    1. (i) Economics;
    2. (ii) Government;
    3. (iii) World civilization; or
    4. (iv) World geography;
  7. (G) One (1) course selected from the following:
    1. (i) History and appreciation of visual and performing arts; or
    2. (ii) A standards-based arts course, which may include studio art, band, chorus, dance, or other performing arts;
  8. (H) Health;
  9. (I) Physical Education;
  10. (J) Biology;
  11. (K) Chemistry;
3. (3) Have a cumulative grade point average of at least 3.2 on a 4-point scale;
4. (4) Score on either the ACT or the SAT at or above benchmarks set by the Tennessee higher education commission for mathematics and English;
5. (5) Obtain a qualifying benchmark score as determined by the state board of education on a world language proficiency assessment approved by the board; and
6. (6) Complete at least two (2) courses from the following types of courses:
  1. (A) AP;
  2. (B) IB;
  3. (C) Dual enrollment; or
  4. (D) Dual credit.
(d) The courses specified in subsection (c) may be dual enrollment or dual credit courses, AP or IB courses, or standard courses for which high school credit is granted. Selected courses, as determined by the state board of education, may be completed at the middle school level.
(e) A student in the early graduation program may take two (2) high school English courses in an academic year.
(f) A student who completes the early graduation program under this section qualifies for unconditional admittance to all public two-year institutions of higher education. A public four-year institution may accept a student who completes the early graduation program.
(g) A student pursuing early graduation under this section is exempt from additional graduation requirements established by the state board of education. A student who completes the early graduation program shall be awarded a high school diploma.
(h) Under subsection (c), the state board of education and the Tennessee higher education commission shall set the required benchmarks at scores that demonstrate exemplary high school performance and are indicative of an ability to perform college-level work.
(i) This section shall not apply in any county having a population of not less than one hundred eighty-three thousand one hundred (183,100) nor more than one hundred eighty-three thousand two hundred (183,200), according to the 2010 federal census or any subsequent federal census.

2 Backlinks

§ 49-6-8104. No graduation requirement to prevent early graduation.

(a) The state board of education or a local board of education shall not impose graduation requirements that would prohibit a student who is pursuing an early graduation program under § 49-6-8103 from completing high school in less than four (4) years.
(b) This section shall not apply in any county having a population of not less than one hundred eighty-three thousand one hundred (183,100) nor more than one hundred eighty-three thousand two hundred (183,200), according to the 2010 federal census or any subsequent federal census.

§ 49-6-8105. Eligibility for Tennessee HOPE scholarship.

A student who meets the requirements of the early high school graduation program under this part shall be eligible for a Tennessee HOPE scholarship; provided, that the student meets all nonacademic requirements for the scholarship of chapter 4, part 9 of this title that are applicable to the student.

§ 49-6-8106. Rules and regulations.

The state board of education and the Tennessee higher education commission are authorized to promulgate rules and regulations to effectuate the purposes of this part. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Chapter 7 Postsecondary and Higher Education Generally

Part 1 Miscellaneous Provisions

§ 49-7-101. Rules and regulations for admissions.

(a) The board of trustees of the University of Tennessee and the state university and community college system are authorized and empowered to prescribe rules and regulations and requirements for the admission of students to colleges and universities and to programs of instruction offered by the colleges, universities, branches or units of the colleges and universities under the control and direction of the respective board and system.
(b) Students shall be entitled to admission to the colleges and universities only in accordance with the rules and regulations and requirements as prescribed by the board and system.
(c) Notwithstanding subsections (a) and (b), a public institution of higher education shall not require a student to provide the institution with a copy of the student's high school transcript or high school equivalency credential approved by the state board of education as a part of the institution's admission process if the student has earned an associate degree from a regionally accredited institution of higher education.

§ 49-7-102. Waiver of fees and tuition for dependents of POWs or deceased veterans — Requirements.

(a) Except as provided in subsection (e), every dependent child in this state under twenty-three (23) years of age, whose parent was killed, died as a direct result of injuries received or has been officially reported as being either a prisoner of war or missing in action while serving honorably as a member of the United States armed forces during a qualifying period of armed conflict or was formerly a prisoner of war or missing in action under such circumstances, or the spouse of such veteran, is entitled to a waiver of tuition, maintenance fees, student activity fees and required registration or matriculation fees and shall be admitted without cost to any of the institutions of higher education owned, operated and maintained by the state.
(b)
1. (1) To be eligible for the educational assistance benefits established by this section, the dependent child or spouse shall:
  1. (A) Present official certification from the United States government that the parent (father or mother) or spouse veteran was killed or died as a direct result of injuries received while serving honorably as a member of the United States armed forces during a qualifying period of armed conflict;
  2. (B) Present official certification from the United States government that the parent (father or mother) or spouse veteran has been officially reported as being a prisoner of war or missing in action while serving honorably as a member of the United States armed forces during a qualifying period of armed conflict or was formerly a prisoner of war or missing in action under such circumstances as appropriate; or
  3. (C) Present certificate of release or discharge from active duty, department of defense form 214 (DD 214), for the veteran or service member from whom the eligibility for the benefits established by this section derives.
  1 Backlink
  - 49-4-928(c)
2. (2) The deceased veteran, prisoner of war or missing in action service member from whom eligibility derives shall have been a citizen of this state at the time the veteran was killed, at the time the fatal injury was sustained by the veteran or at the time the service member was officially reported as being a prisoner of war or missing in action. The former prisoner of war from whom eligibility derives shall be a citizen of this state at the time the person's dependent child or spouse applies for the educational assistance benefits established by this section.
3. (3) The dependent child or spouse, prior to receiving the educational assistance benefits established by this section, shall have or possess the necessary qualifications required for admission to the appropriate state institution of higher education. To maintain eligibility for benefits, the dependent child or spouse shall be in active pursuit of a specific and declared degree or certificate program at the institution.
4. (4) A veteran's spouse's eligibility for the educational assistance benefits established by this section shall terminate ten (10) years after the death of the veteran from whom the eligibility for benefits derives; provided, that a veteran's spouse's eligibility for benefits shall terminate immediately upon the person's remarriage within the ten-year period.
5. (5) In cases where a student qualifies for the educational assistance benefits established by this section after the student has paid tuition and fees for a term, there shall be no refund of any moneys by the institution of higher education, including, but not limited to, paid tuition and fees.
(c) As used in this section, unless the context otherwise requires:
1. (1) “Dependent child” means a natural or adopted child or stepchild of a veteran or service member whom the veteran or service member claims as a dependent for federal income tax purposes;
2. (2) “Parent” means the father or mother of a natural or adopted child or stepchild whom the parent claims as a dependent for federal income tax purposes;
3. (3) “Qualifying period of armed conflict” means any hostile military operation for which the following United States military campaign medals are individually authorized:
  1. (A) Armed Forces Expeditionary Medal;
  2. (B) Navy Expeditionary Medal;
  3. (C) Marine Corps Expeditionary Medal;
  4. (D) Combat Action Ribbon (Navy, Marine Corps and Coast Guard);
  5. (E) Army Combat Infantryman Badge;
  6. (F) Kosovo Campaign Medal with at least one (1) bronze star appurtenance for specific military campaign participation by the veteran;
  7. (G) Southwest Asia Service Medal with at least one (1) bronze star appurtenance for specific military campaign participation by the veteran;
  8. (H) Vietnam Service Medal with at least one (1) bronze star appurtenance for specific military campaign participation by the veteran;
  9. (I) United States Department of Defense Prisoner of War Medal for former prisoners of war;
  10. (J) Global War on Terrorism Expeditionary Medal;
  11. (K) Air Force Expeditionary Medal;
  12. (L) Combat Medic Badge;
  13. (M) Afghanistan Campaign Medal;
  14. (N) Iraq Campaign Medal;
  15. (O) Army Combat Action Badge; and
  16. (P) Navy Submarine Combat Patrol & SSBN Deterrent Patrol Insignia;
4. (4) “Served honorably” means the character of service condition as reported on certificate of release or discharge from active duty, department of defense form 214;
5. (5) “Service member” means a Tennessee resident who is engaged in active military service of the United States;
6. (6) “State institution of higher education” means any postsecondary institution operated by the board of trustees of the University of Tennessee system or the board of regents that offers courses of instruction leading to a certificate or degree; and
7. (7) “Veteran” means a Tennessee resident who has entered and served honorably in the United States armed forces.
1 Backlink
- 49-6-104(a)(2)
(d) This section shall apply to all state institutions of higher education beginning with the next registration or enrollment period for the next complete term after July 1, 2000.
(e) The age limitation provided for dependent children in subsection (a) shall not be strictly applied. To be eligible for the educational assistance benefits established by this section, a dependent child shall be matriculated as a full-time student at a state institution of higher education prior to attaining twenty-three (23) years of age. Once declared eligible, a dependent child shall remain eligible until one (1) of the following events has occurred:
1. (1) Prior to attaining twenty-three (23) years of age, the dependent child earns an undergraduate degree or certificate;
2. (2) The dependent child has earned one hundred thirty-five (135) semester hours, or the equivalent, excluding required remedial or developmental hours; or
3. (3) The dependent child has attempted one hundred fifty (150) semester hours, or the equivalent, inclusive of required remedial or developmental hours.
(f) A spouse eligible for the benefits established by this section shall complete an undergraduate degree or certificate program within the ten-year period established by subdivision (b)(4); provided, that the spouse's eligibility shall extend to the end of the term in which the ten-year period expires. A spouse who has previously earned an undergraduate degree or certificate shall not be eligible for benefits. Otherwise, the spouse shall be eligible for benefits until one (1) of the following events has occurred:
1. (1) Prior to the expiration of benefits, the spouse earns an undergraduate degree or certificate;
2. (2) The spouse has earned one hundred thirty-five (135) semester hours, or the equivalent, excluding required remedial or developmental hours; or
3. (3) The spouse has attempted one hundred fifty (150) semester hours, or the equivalent, inclusive of required remedial or developmental hours.
(g)
1. (1) All public institutions of higher education shall publish notice of the veterans' dependents' education benefit program pursuant to this section in their catalogs and schedules of classes.
2. (2) Inclusion of the information shall be subject to annual review by the veterans' education division of the Tennessee higher education commission.

3 Backlinks

§ 49-7-103. Student loans.

(a) State colleges and universities operating under the state board of regents and the University of Tennessee operating under the board of trustees of the University of Tennessee are authorized to use funds resulting from state appropriations or student fees for the purpose of participating in college loan funds under the National Defense Education Act of 1958 (P.L. 85-864, 72 Stat. 1597), and other loan programs; provided, that the state university and community college system and the University of Tennessee are empowered to take any and all action deemed necessary to collect all loans extended to students or former students by the institutions.
(b) The proper administrative official of any state or private college or university within this state, if authorized by its particular controlling board having jurisdiction over the state or private college or university, may accept the note or contract of a college student applying for a student loan or aid under the National Defense Education Act student loan program, or other bona fide, established student loan program of the state or private college or university. The note or contract shall be valid and fully enforceable in a court of law or equity, and the college student in such circumstances shall be without recourse to plead minority in any court of law or equity.

§ 49-7-104. Deferred payments by students receiving assistance.

(a)
1. (1) The board of trustees of the University of Tennessee, the board of regents, and each state university board shall adopt procedures whereby a Tennessee resident who is enrolled at an institution of higher education within their jurisdictions under educational assistance benefits administered and provided by the United States department of veterans affairs or under other governmentally funded educational assistance benefits may elect, upon formal application to the institution, to defer payment of the required tuition and fees until the student's monetary benefits from the department or other governmental agency have been received. Application for deferment shall be made by the student prior to the commencement of the academic term for which deferment is being requested; however, if the student can prove to the institution that the student could not have reasonably made application prior to the commencement of the academic term, application for deferment may be made no later than fourteen (14) days following the start of the term.
2. (2) Deferment shall not extend beyond the final day of the term for which the educational assistance benefits are being provided or until all monetary benefits are received from the department or other governmental agency, whichever occurs first; however, a further extension may be granted upon a finding of extenuating circumstances related to the delay of delivery of benefits through no fault of the student. In no instance shall deferment be extended for more than one (1) academic term after the academic term in which deferment was initially granted, if the student receiving the deferment has an outstanding balance of unpaid tuition or fees from the academic term in which deferment was initially granted.
3. (3) The amount of tuition and fees deferred shall not exceed the total anticipated monetary benefits to be received by the student from the department or other governmental agency for the term.
4. (4) Eligibility for deferment shall terminate if the student fails to abide by any applicable rule or regulation or fails to act in good faith in the timely payment of required tuition and fees that have been deferred pursuant to this section.
5. (5) Except as provided by subdivisions (a)(2)-(4), deferment shall not be grounds for a state institution of higher education to:
  1. (A) Deny or otherwise encumber a student's request for academic transcripts or term grade reports;
  2. (B) Prohibit or otherwise encumber a student from registering for courses at the institution for the academic term immediately following the deferment or extension of deferment or from reenrolling at the institution at a subsequent date; or
  3. (C) Prohibit or otherwise encumber a student from graduating from the institution or from participating in graduation ceremonies conducted by the institution; provided, that all degree requirements have been met.
6. (6) No additional fees or service charges shall be imposed against a student by a state institution of higher education for deferred payments of tuition and fees made pursuant to this section; however, all other policies and procedures relevant to the payment of fees and tuition and refunds of fees and tuition shall be applicable to a student who is deferring payment.
7. (7) A student veteran classified as a resident for tuition and fee purposes under the Academic Common Market Agreement, as codified in § 49-7-301, is eligible for deferment of tuition and fees under this section.
8. (8) A student veteran cannot be in an overpayment status to the United States department of veterans affairs to an extent of such that the student cannot be expected to receive the amount of tuition and fees due.
(b) All procedures adopted pursuant to this section are subject to the approval of the commissioner of finance and administration and shall be filed with the comptroller of the treasury.
(c)
1. (1) All public institutions of higher education shall publish notice of entitlement to veterans' educational benefits in their catalogues and schedules of classes.
2. (2) Inclusion of the information shall be subject to review by the veterans' education division of the Tennessee higher education commission.

§ 49-7-105. Campus traffic control.

(a) A municipal corporation in which a state college or university is located is authorized to prescribe and enforce traffic ordinances on the campus of the institution.
(b) A municipal corporation shall not begin to prescribe and enforce traffic ordinances on the campus of the state institution within its borders until thirty (30) days after the date on which the state university and community college system, for a state college or university under its control, or the board of trustees of the University of Tennessee, for the University of Tennessee, requests the governing body of the municipal corporation to begin to prescribe and enforce traffic ordinances on the campus of the state institution.
(c) The municipal corporation shall cease to prescribe and enforce traffic ordinances on the campus of the state institution within thirty (30) days after the date upon which the state university and community college system, for the state colleges and universities under its control, or the board of trustees of the University of Tennessee, for the University of Tennessee, requests the governing body of the municipal corporation to cease prescribing and enforcing traffic ordinances on the campus of the state institution.
(d) Nothing in this section shall be construed as preventing a municipal corporation from enforcing traffic ordinances on its streets within the campus.

§ 49-7-106. Urban renewal adjacent to campus.

(a) The board of trustees of the University of Tennessee and the state university and community college system, or either of them, are authorized to enter into all necessary or proper contracts with the federal government or any of its agencies, bureaus or departments, and with local housing authorities, other local agencies and others, for the undertaking and completion of urban renewal projects adjacent to the campus of any institution of higher education under the jurisdiction of the board or system pursuant to the urban renewal provisions of § 112 of Title 1 of the Federal Housing Act of 1949, or pursuant to any other act of congress heretofore or hereafter enacted.
(b)
1. (1) The board of trustees or the state university and community college system, or both of them, are authorized and empowered to make application to the appropriate federal, state and local agencies and authorities for funds for surveys of areas for urban renewal projects adjacent to campuses of state-supported colleges and universities and for undertaking and completing urban renewal projects that may be mutually agreed upon by the board or system and the appropriate federal, state and local agencies and authorities.
2. (2) The proceeds of the bonds authorized by Acts 1961, ch. 208, or any part of the proceeds as may be necessary, shall be used and expended to defray the institution's share of the net project cost and the cost of the purchase of the renewed land, as required by the federal statutes and regulations, in the event that federal matching funds shall be made available for an urban renewal project or projects.

§ 49-7-107. Establishment of foundations — Code of ethics.

(a) The board of regents, the board of trustees of the University of Tennessee, and state university boards are authorized and empowered to take such steps, to enter into such agreements, and to do whatever they deem necessary to the establishment of foundations for the state institutions of higher education under their control.
(b) All annual reports and all books of accounts and financial records of a foundation created for the benefit of a public institution of higher education shall be subject to audit by the comptroller of the treasury.
(c) Any foundation created pursuant to this section shall establish and adopt a code of ethics that shall apply to and govern the conduct of all members of the foundation board.
(d)
1. (1) Notwithstanding any other law to the contrary, by a two-thirds (⅔) vote of its membership, the foundation board may remove any appointed member of the foundation board for a material violation of the code of ethics.
2. (2) A foundation board vote to remove a member shall only be taken after the accused member has been afforded an opportunity to address the board in connection with the alleged violation.
3. (3) If a member is removed in accordance with this subsection (d), the position shall be considered vacant and the vacancy shall be filled as provided by the foundation's bylaws.

8 Backlinks

§ 49-7-108. Donations by local governments.

(a) The county legislative body of any county or the governing body of any city of this state may contract with and make donations or contributions to any public or tax-supported college, university or other public institution of higher education, or any nonprofit general welfare private corporation established for the specific purpose of promoting and supporting literary, scientific, educational, scholarship, research, charitable and developmental purposes and objects at or under the supervision, authority and direction of the college, university or other public institution of higher education, whereby the college, university or other public institution may provide programs of study and research that will be a benefit to the counties and municipalities and surrounding territory.
(b) The county legislative body of any county or the governing body of any city may levy taxes that are necessary to provide for the payments, donations or contributions.

§ 49-7-109. In-service training funds.

(a) For the purpose of providing an in-service training program to upgrade the professional personnel of the state colleges and universities operating under the state university and community college system, and to upgrade the professional personnel of the University of Tennessee, operating under the board of trustees of the University of Tennessee, the state university and community college system and the board of trustees of the University of Tennessee are authorized to allocate an in-service training fund to each of the state colleges and universities operating under the respective control of each board or system.
(b) The amount of each in-service training fund shall be paid solely out of the state appropriations made to the respective state colleges and universities and expendable receipts.
(c) Expenditures from the fund shall be made only under policies approved by the respective governing boards or system.

§ 49-7-110. Curriculum — American history.

(a) No person shall be granted a baccalaureate degree of any kind from any institution of higher learning supported or maintained by the state, or from any community college supported or maintained by the state, unless the person has earned credit in American history, consisting of six (6) semester hours or nine (9) quarter hours. Persons who pursue baccalaureate degrees in those areas of study exempted either by regulation of the board of regents or by regulations or delegated authority of the board of trustees of the University of Tennessee, are not required to meet the requirements of this section if they have successfully completed a course in American history in high school.
(b) Any student shall have the option, at the student's request, to substitute three (3) semester or three (3) quarter hours of Tennessee history for three (3) of the semester or quarter hours in American history required by the terms of this section if offered by the institution.
(c)
1. (1) Courses in American history taught under the terms of this section shall include the contributions of all people in the history of the United States without regard to race, sex or creed.
2. (2) Courses in Tennessee history taught under the terms of this section shall include the contributions of all people in the history of Tennessee without regard to race, sex or creed.

§ 49-7-111. Military career information.

If an institution of higher education provides access to the campus or to student directory information to persons or groups that make students aware of occupational or educational options, the institution of higher education shall provide access on the same basis to official recruiting representatives of the military forces of the state and the United States for the purpose of informing students of educational and career opportunities available in the military.

§ 49-7-112. Skills for Jobs Act — Annual report regarding state workforce need projections and credential production.

(a) This section is known and may be cited as the “Skills for Jobs Act.”
(b) To the extent practicable within available resources and subject to the availability of data currently collected by and accessible to state agencies, the Tennessee higher education commission, in partnership with the department of labor and workforce development, the department of economic and community development, the department of education, and any other entity the commission deems appropriate, shall produce an annual report regarding state workforce need projections and credential production. The report must:
1. (1) Indicate the state's anticipated workforce needs and the number of degrees, certificates, and other credentials that public and private institutions of higher education, including schools authorized under the Tennessee Higher Education Authorization Act, compiled in chapter 7, part 20 of this title, have issued;
2. (2) To the extent provided by sources external to the commission, indicate the state's offering of career preparation and career training opportunities that high school and postsecondary career and technical education programs, apprenticeship programs, and other public or private workforce training programs have provided;
3. (3) Identify any workforce needs that may not be met by the education, training, and apprenticeship programs; and
4. (4) Identify institutions, public or private, that may have the academic programs necessary to meet projected workforce needs.
(c) The department of economic and community development, in collaboration with the department of labor and workforce development, shall identify employer demand for skilled workers. The department of labor and workforce development shall align degree production to employer demand to assess gaps and oversupply. The Tennessee higher education commission and department of education shall identify connections across secondary and postsecondary training that are aligned to meet state workforce needs.
(d) The department of labor and workforce development, the department of economic and community development, and the department of education shall provide data on the state's anticipated workforce needs and other information, as requested by the Tennessee higher education commission, that is necessary to produce the report under subsection (b) by December 1, 2021, and by December 1 of each year thereafter.
(e) The commission, by March 1, 2022, and by March 1 of each year thereafter, shall provide a copy of the report to the education committee and the commerce and labor committee of the senate, the education administration committee and the commerce committee of the house of representatives, and the governor. The commission shall send the report to the commissioners of economic and community development, labor and workforce development, and education. The commission shall also send the report to the board of regents, the University of Tennessee board of trustees, each of the state universities, and the Tennessee Independent Colleges and Universities Association. The commission shall work with the department of education to provide the report to the state's public school districts and private elementary, middle, and high schools. The report may be provided electronically.

§ 49-7-113. Disabled and elderly persons — Auditing or enrollment.

(a)
1. (1) Disabled persons suffering from a permanent total disability that totally incapacitates the person from working at an occupation that brings the person an income, and persons who have retired from state service with thirty (30) or more years of service, regardless of age, or persons who will become sixty (60) years of age or older during the academic quarter or semester, whichever is applicable, in which such persons begin classes and, who are domiciled in Tennessee, may audit courses at any state-supported college or university without paying tuition charges, maintenance fees, student activity fees or registration fees; however, this privilege may be limited or denied by the college or university on an individual classroom basis according to space availability.
2. (2) This section shall not apply at medical schools, dental or pharmacy schools, and no institution of higher education shall be required to make physical alterations of its buildings or other facilities to comply with this section.
3. (3) Prior to admittance, the university or college involved may require an affidavit or certificate from a physician or an agency charged with compensating the disabled person or adjudicating the permanent total disability of the person who is requesting admittance to classes that the person is permanently totally disabled as set forth in subdivision (a)(1).
4. (4) A student who is receiving services under federal or state vocational rehabilitation programs is not eligible for a waiver of tuition and fee benefits under this section.
(b) Subject to the same terms and conditions as provided in subsection (a), disabled persons, as defined in subsection (a), and persons who will become sixty-five (65) years of age or older during the academic quarter or semester, whichever is applicable, in which such persons begin classes and, who are domiciled in this state, may be enrolled in courses for credit at state-supported colleges and universities without payment of tuition charges, maintenance fees, student activity fees or registration fees, except that the board of trustees of the University of Tennessee and the board of regents of the state university and community college system may provide for a service fee that may be charged by the institutions under their respective jurisdictions, the fee to be for the purpose of helping to defray the cost of keeping the records of such students and not to exceed forty-five dollars ($45.00) a quarter or seventy dollars ($70.00) a semester.

§ 49-7-114. Draft registration prerequisite to enrollment.

(a) No person who is required to register for the federal draft under 50 U.S.C. § 453 shall be eligible to enroll in any state postsecondary school until the person has registered for the draft.
(b) The state board of regents and the board of trustees of the University of Tennessee are authorized to promulgate rules and regulations to effectuate the purposes of this section. The rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

§ 49-7-115. Bartending schools — Instruction in alcohol abuse and effect.

(a) Any educational institution that provides instruction in the management, operation, procedures or practice of the dispensing of alcoholic beverages or bartending shall include in the instruction the teaching of the problems of alcohol abuse and the effect of alcohol consumption on highway safety.
(b) Any institution to which this section applies that fails to provide the instruction required by this section shall, upon hearing by the Tennessee higher education commission, have its authorization to operate revoked.

§ 49-7-116. Full-time university and college employees — Tuition-free courses.

(a) Full-time employees of the state university and community college system and the University of Tennessee shall be eligible for enrollment in one (1) course per term at any state supported college or university or state college of applied technology without paying tuition charges, maintenance fees, student activity fees or registration fees.
(b) Enrollment privileges may be limited or denied by the college or university on an individual classroom basis according to space availability. No tuition paying student shall be denied enrollment in a course because of faculty enrollment pursuant to this section.
(c) Courses taken under this section shall be governed by the academic rules and regulations of the institution or school offering the course or courses.
(d) This section shall have no effect on existing staff development programs at the institutions and schools of the state university and community college system and the University of Tennessee.
(e) It is the legislative intent that the fees waived by this section shall not be deducted from the institution's budgets recommended by the Tennessee higher education commission.

1 Backlink

8-50-114(d)

§ 49-7-117. Child sexual abuse courses.

The state university boards, the board of regents, and the board of trustees of the University of Tennessee shall require that courses in the detection and treatment of child sexual abuse be included in the curriculum of disciplines that include the training of physicians, pediatricians, psychiatrists, nurses, psychologists, and sociologists.

1 Backlink

37-1-602(a)

§ 49-7-118. Police and other law enforcement officers.

(a) The governing boards of public institutions of higher education are authorized to establish policies pursuant to which a suitable number of persons may be employed or commissioned, or both, as police officers, public safety officers, and security officers by the governing boards or by institutions and schools governed by the respective boards.
(b) In addition to the minimum requirements under regulation by the peace officer standards and training (POST) commission, each board or institution may establish additional qualifying factors, training standards, and policies for employees holding a police officer's commission.
(c) The governing boards of public institutions of higher education are authorized to establish such other minimum qualifications for employment as security officers as they deem appropriate; however, the qualifications for security officers permitted to carry firearms or other arms while on duty shall be at least equivalent to the certification requirements of the POST commission.
(d) When properly commissioned and qualified in accordance with the policies of the governing boards of public institutions of higher education, the police officers shall have all the police powers necessary to enforce all state laws as well as rules and regulations of the institutions. The authority granted extends to all facilities or property owned, leased, or operated by the governing boards of the public institutions of higher education, including any public roads or rights-of-way that are contiguous to, within the perimeter of, or connect between the facilities, property, or interests of a particular institution.
(e)
1. (1) A law enforcement agency may enter into such written mutual assistance or other agreements with other law enforcement agencies, including a county sheriff's department, municipal police department, judicial district drug task force, Tennessee bureau of investigation or Tennessee highway patrol, as are necessary to preserve and protect the property, students and employees of the college or university employing the officers and to otherwise perform their duties. The agreements may provide for the exchange of law enforcement officers and security officers when required for a particular purpose or for mutual assistance to effectuate arrests, execute search warrants and perform other law enforcement functions when the law enforcement agency finds it necessary to act outside of their statutory jurisdiction.
2. (2) When acting pursuant to a written mutual assistance or other agreement, a police officer shall have the same legal status and immunity from suit as officers of the agency the officer is assisting. A police officer acting pursuant to an assistance agreement shall be covered by the liability insurance policy of the agency of the officer's regular employment.
(f)
1. (1) Private universities having an enrollment of at least nine thousand (9,000) students and nine thousand (9,000) or more employees, and located within counties having a metropolitan form of government, or private universities or colleges accredited by the Southern Association of Colleges and Schools and located within a county with a population in excess of eight hundred thousand (800,000), according to the 2000 federal census or any subsequent federal census, may also employ and commission police officers under the conditions described in this section; provided, that the chief law enforcement officer of the metropolitan government or municipal law enforcement agency in which the private university or college is located has appointed the police officer a special deputy in accordance with § 8-8-212, or has appointed the police officer a special police officer.
2. (2) The municipal law enforcement agency having jurisdiction where the private university or college is located shall define any geographical limitation on the exercise of police power of the special deputy or special police officer.
3. (3) Notwithstanding any law to the contrary, the law enforcement agency having jurisdiction where the private university or college is located shall be immune from any suit by anyone incurring any wrong, injury, loss, damage, or expense resulting from any act or failure to act on the part of any special deputy or special police officer commissioned a police officer by a private university or college.
4. (4) No person shall be appointed a special deputy or a special police officer or be commissioned a police officer by a private university or college, unless the person proves to the law enforcement agency having jurisdiction where the private university or college is located that the person's financial responsibility is in accordance with the terms of § 8-8-303(c).
5. (5) This subsection (f) shall not entitle the officers to any public funding, for training or otherwise.
1 Backlink
- 55-9-414(d)
(g)
1. (1) Private universities or colleges having a main campus of one thousand (1,000) acres or more that is located in an incorporated municipality which does not operate a police force may employ and commission campus police officers for the main campus under the conditions of this section; provided, that the sheriff of the county in which the main campus is located has appointed the police officer as a special deputy in accordance with § 8-8-212.
2. (2) The sheriff of the county in which the main campus is located shall define any geographical limitation on the exercise of police power of the special deputy.
3. (3) Notwithstanding any law to the contrary, the sheriff's department of the county in which the main campus is located shall be immune from any suit by anyone incurring any wrong, injury, loss, damage, or expense resulting from any act or failure to act on the part of any special deputy commissioned as a campus police officer by a private university or college.
4. (4) No person shall be appointed as a special deputy or be commissioned as a campus police officer by a private university or college under this subsection (g), unless the person proves to the sheriff of the county in which the main campus is located that the person's financial responsibility is in accordance with the terms of § 8-8-303(c) and the person has successfully completed the certification requirements of the POST commission, or at least the equivalent thereof.
5. (5) This subsection (g) shall not entitle the campus police officers to any public funding, for training or otherwise.
(h)
1. (1) Private universities or colleges that are accredited by the Southern Association of Colleges and Schools and that have an enrollment which is thirty percent (30%) or more of the population of the municipality in which the main campus is located may employ and commission campus police officers for the main campus under the conditions of this section; provided, that the chief law enforcement officer of the municipality has appointed the police officer as a special deputy in accordance with § 8-8-212 or has appointed the police officer as a special police officer.
2. (2) The chief law enforcement officer of the municipality in which the main campus is located shall define any geographical limitation on the exercise of police power of the special deputy or special police officer.
3. (3) Notwithstanding any law to the contrary, the law enforcement agency having jurisdiction where the private university or campus is located shall be immune from any suit by anyone incurring any wrong, injury, loss, damage, or expense resulting from any act or failure to act on the part of any special deputy or special police officer commissioned as a campus police officer by a private university or college.
4. (4) No person shall be appointed as a special deputy or a special police officer or be commissioned as a campus police officer by a private university or college under this subsection (h), unless the person proves to the chief law enforcement officer in which the main campus is located that the person's financial responsibility is in accordance with § 8-8-303(c) and the person has successfully completed the certification requirements of the POST commission, or at least the equivalent thereof.
5. (5) This subsection (h) shall not entitle the campus police officers to any public funding, for training or otherwise.
(i) As used in this section, unless the context clearly requires otherwise:
1. (1) “Campus police officer” means a person commissioned by an employing institution, school, or board and rendered an oath to provide police services, enforce law, exercise arrest authority and carry firearms, and thus is subject to the Tennessee POST commission;
  1 Backlink
  - 38-8-101(6)
2. (2) “Campus security officer” means a person employed by an institution to provide nonpolice, security-related services and as such is not commissioned to exercise arrest authority nor carry firearms without additional provision of law, nor is subject to the Tennessee POST commission;
3. (3) “Law enforcement agency” means an institution, school, or board employing one (1) or more commissioned police officers; and
4. (4) “Public safety officer” means a person who, in addition to being a commissioned, campus police officer under subdivision (i)(1), performs other significant duties, such as certified firefighter, medical first responder or other tasks associated with homeland security based on the needs of a particular institution.

§ 49-7-119. Children of public school teachers — Tuition discount.

(a)
1. (1) A child under twenty-four (24) years of age shall receive a twenty-five percent (25%) discount on tuition to any state institution of higher education if the child's parent:
  1. (A) Is employed as a full-time certified teacher in any public school in Tennessee;
  2. (B) Is employed as a full-time technology coordinator in any LEA in Tennessee;
  3. (C) Is a retired teacher who retired after a minimum of thirty (30) years of full-time creditable service in Tennessee public schools;
  4. (D) Received disability retirement after a minimum of twenty-five (25) years of full-time creditable service in Tennessee public schools;
  5. (E) Died while employed as a full-time certified teacher in a public school in Tennessee; or
  6. (F) Died while employed as a full-time technology coordinator in an LEA in Tennessee.
2. (2) A child who is receiving the discount provided for by this section but whose parent dies during the time the child is enrolled and receiving the discount is eligible to continue to receive the discount as provided in this section.
(b) The Tennessee higher education commission is directed, authorized and empowered to promulgate and adopt rules and regulations necessary to implement this section, including rules and regulations for the allocation of appropriations specifically appropriated for the implementation of this section.
(c) Any reimbursements to a state institution of higher education for the tuition discounts provided by this section shall be limited to those funds specifically appropriated for that purpose in the general appropriations act. Reimbursement shall be limited to providing for the discount on tuition provided for in this section.

1 Backlink

8-50-114(f)(3)

§ 49-7-120. Confidentiality of research records and materials.

(a) As used in this section, unless the context otherwise requires:
1. (1) “Patentable materials” means inventions, processes, discoveries or other subject matter that the public higher education institution or the sponsor reasonably believes to be patentable under 35 U.S.C.;
2. (2) “Proprietary information” means:
  1. (A) Any information used directly or indirectly in the business of any person or entity that gives the person or entity an advantage or an opportunity to obtain an advantage over competitors who do not know or use the information and that is disclosed by the person or entity to the public higher education institution; or
  2. (B) Any information received, developed, generated, ascertained or discovered by the public higher education institution under terms of a contract for the development thereof that recognizes the proprietary interest of the person or entity in the information;
3. (3) “Sponsored research or service” means any research, analysis, or service conducted pursuant to grants or contracts between the public higher education institution and a person or entity. “Sponsored research or service” does not include research, analysis or service conducted under an agreement with other agencies of the state, unless the research, analysis or service is a subcontract to a sponsored research or service contract with a person or entity; and
4. (4) “Trade secrets” means any information, knowledge, items or processes used directly or indirectly in the business of a person or entity that give the person or entity an advantage or an opportunity to obtain an advantage over competitors who do not know or use them.
(b) The following records or materials, regardless of physical form or characteristics, received, developed, generated, ascertained or discovered during the course of sponsored research or service conducted by a public higher education institution, or in the course of fulfilling a grant agreement between a public higher education institution and the Tennessee department of economic and community development, shall not be open for public inspection:
1. (1) Patentable material or potentially patentable material;
2. (2) Proprietary information;
3. (3) Trade secrets or potential trade secrets, including, but not limited to, manufacturing and production methods, processes, materials and associated costs;
4. (4) Business transactions, commercial or financial information about or belonging to research subjects or sponsors;
5. (5) Summaries or descriptions of sponsored research or service, unless released by the sponsor;
6. (6) Personally identifiable information; and
7. (7) Any other information that reasonably could affect the conduct or outcome of the sponsored research or service, the ability to patent or copyright the sponsored research or any other proprietary rights any person or entity might have in the research or the results of the research, including, but not limited to, protocols, notes, data, results or other unpublished writing about the research or service.
(c) Nothing in this section shall prohibit voluntary disclosure of the records or materials by the sponsor or by the public higher education institution with the consent of the sponsor.
(d) The public higher education institution shall make available, upon request by a citizen of this state, the titles of sponsored research or service projects, names of the researchers and the amounts and sources of funding for the projects.
(e) All records or materials, regardless of physical form or characteristics, received, developed, generated, ascertained or discovered during the course of research or service that is not sponsored research or service, as defined in subdivision (a)(3), shall not be open for public inspection if the disclosure of the information reasonably could affect the conduct or outcome of the research or service, the ability of the public higher education institution to patent or copyright the research or any other proprietary rights any person or entity might have in the research or the results of the research, including, but not limited to, proprietary information and trade secrets received from a person or entity cooperating in the research, protocols, notes, data, results or other unpublished writing about the research or service.
(f) Upon agreement of a subject and the clinical study physician assigned to the human subject and upon the withdrawal, termination or conclusion of the research project, the assigned clinical study physician shall, upon notification and request of the human subject, disclose all pertinent medical information in that human subject's research records. Disclosure shall take place as soon as reasonably practical, not to exceed three (3) business days.

§ 49-7-121. Annual source reduction, recycling and waste management plan.

Each institution governed by the board of regents of the state university and community college system and the University of Tennessee board of trustees shall develop an annual source reduction, recycling and waste management plan consistent with the state solid waste plan.

§ 49-7-122. Annual training required for employee who investigates sexual misconduct.

(a) An employee of a public institution of higher education who investigates sexual misconduct shall complete the following at least one (1) time each year:
1. (1) Training that satisfies the requirements of Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681), the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (20 U.S.C. § 1092(f)), and the federal regulations implementing the statutes, as amended, all of which may be satisfied by the training in subdivision (a)(2); or
2. (2) Training developed or conducted by the Tennessee Law Enforcement Innovation Center for investigators who perform investigations of sexual misconduct.
(b) As used in this section, “sexual misconduct” means an alleged violation of a public higher education institution's policies concerning sexual assault, dating violence, domestic violence, or stalking.

§ 49-7-123. Hazing prohibited.

(a) As used in this section, unless the context otherwise requires:
1. (1) “Hazing” means any intentional or reckless act in this state on or off the property of any higher education institution 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 the 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; and
2. (2) “Higher education institution” means a public or private college, community college or university.
(b) Each higher education institution shall adopt a written policy prohibiting hazing by any student or organization operating under the sanction of the institution. The policy shall be distributed or made available to each student at the beginning of each school year. Time shall be set aside during orientation to specifically discuss the policy and its ramifications as a criminal offense and the institutional penalties that may be imposed by the higher education institution.

§ 49-7-124. Jacob Nunley Act — Requirement of proving immunization against meningococcal disease — Exemptions.

(a) This section shall be known and may be cited as the “Jacob Nunley Act”.
(b) New incoming students at any public institution of higher learning in this state who live in on-campus student housing shall be required to produce proof of adequate immunization against meningococcal disease as recommended for adults in the current advisory committee on immunization practices “Recommended Adult Immunization Schedule” published by the centers for disease control and prevention.
(c) A student may be exempted from the requirements of this section only under the following circumstances:
1. (1) Where a physician licensed by the board of medical examiners, the board of osteopathic examiners or a health department certifies in writing that a particular vaccine is contraindicated for one (1) of the following reasons:
  1. (A) The individual meets the criteria for contraindication set forth in the manufacturer's vaccine package insert;
  2. (B) The individual meets the criteria for contraindication published by the centers for disease control or the advisory committee on immunization practices; or
  3. (C) In the best professional judgment of the physician, based upon the individual's medical condition and history, the risk of harm from the vaccine outweighs the potential benefit;
2. (2) Where a parent or guardian or, in the case of an adult student, the student provides to the school a written statement, affirmed under penalties of perjury, that vaccination conflicts with the religious tenets and practices of the parent or guardian or, in the case of an adult student, the student.
(d) Nothing in this section shall be construed to require a public institution of higher learning to provide or purchase vaccine against meningococcal disease.
(e) The governing boards of each public institution of higher learning are authorized to promulgate rules and regulations to effectuate the purposes of this section. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(f) A public institution of higher education shall accept from a student proof of the student's prior or current military service as proof of any immunization required of the student for enrollment at the institution.
(g) The governing board of each public institution of higher learning, in consultation with the department of health, shall promulgate rules regarding immunization requirements for students enrolled within each respective institution. All such rules must be promulgated in accordance with the Uniform Administrative Procedures Act.
(h) Notwithstanding subsection (g), each public institution of higher learning shall strive to collect immunization records for students enrolling in the institution.

§ 49-7-125. Hepatitis B waiver form.

(a) New incoming students at any public or private institution of higher learning in this state shall return a completed waiver form pursuant to this section. A waiver form shall indicate that the institution has provided detailed information to the student concerning the risk factors for hepatitis B infection and the availability and effectiveness of vaccine for persons who are at-risk of the disease; and that the student, parent or guardian has received and reviewed the information and has chosen to have the student vaccinated or not to have the student vaccinated. In order to complete a waiver form, a student who is eighteen (18) years of age or older may sign a waiver or, for minors, the student's parent or guardian may sign the waiver.
(b) Nothing in this section shall be construed to require a school to provide or purchase vaccine against hepatitis B infection.
(c) The governing boards of each public institution of higher learning are authorized to promulgate rules and regulations to effectuate the purposes of this section. The rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

§ 49-7-126. Campus residential houses — Fraternities and sororities.

If an institution of higher education in this state permits a fraternity to locate and maintain a residential house on the campus of the institution, then the institution shall not prohibit a sorority from locating and maintaining a residential house on the campus of the institution. Any rules applying to a sorority house shall be no less stringent than those applying to a fraternity house.

§ 49-7-127. Section definitions — Group purchasing program.

(a) For purposes of this section:
1. (1) “Governing board” means, as appropriate, either the board of trustees of the University of Tennessee or the board of regents of the state university and community college system;
2. (2) “Group purchasing program” means any plan, program or method that is intended to provide the opportunity for institutions of higher education to obtain goods or services at a discount or savings not otherwise available through the purchasing practices of the institutions;
3. (3) “Institutions of higher education” and “institutions” mean the University of Tennessee, the state university and community college system and the constituent schools, colleges, universities and centers of each; and
4. (4) “Services” means those routine, nonprofessional services otherwise purchased by the state pursuant to title 12, chapter 3. “Services” does not mean those services procured pursuant to [former] § 12-4-109 [See the Compiler's Notes].
(b) Notwithstanding any other the law, institutions of higher education may make purchases of goods and services through a group purchasing program; provided, that:
1. (1)
  1. (A) Any contract with a group purchasing program is not an exclusive contract, permits purchasing from other lawful sources and by other lawful means and does not require payment or compensation by the governing board or institution to the group purchasing program;
  2. (B) For purposes of this section, membership in and the payment of reasonable dues to a not-for-profit buying cooperative shall not be considered as a payment or compensation and shall not be construed as prohibiting an institution of higher education from making purchases of goods and services through a group purchasing program;
2. (2) The supplier contracts within the group purchasing program result from a competitive process and represent the most competitive supplier bids or proposals, considering price, quality and service for the goods or services to be purchased;
3. (3) The group purchasing program certifies to the governing board that it uses effective competitive procedures to obtain quotations or contracts for goods or services to be purchased by institutions of higher education, so as to obtain the most competitive bid or proposal available to the group purchasing program for the goods or services made available for purchase and the procedures and prices resulting from the purchases are capable of being audited by the institutions;
4. (4) The officials responsible for administering the purchasing function at the University of Tennessee or the board of regents of the state university and community college system shall provide annually a summary and evaluation report of the results of the purchases made utilizing a group purchasing program to the comptroller of the treasury and the commissioner of general services by October 1 of each year with regard to purchases made in the preceding fiscal years; and
5. (5) The price quotation or contracts for goods or services under the group purchasing program is lower than the price available on state contracts in the department of general services.
(c) This section shall be construed as authority supplemental to purchasing authority provided under any other public or private act. In the event of conflict between this section and any other public or private act, this section shall prevail.
(d) The comptroller of the treasury is directed to report to the general assembly on the success or failure of group purchasing programs authorized by this section eighteen (18) months after the implementation of a group purchasing program by institutions of higher education. The comptroller's report shall analyze the costs incurred, if any, in implementing the programs, calculate the savings, if any, attributable to the programs and suggest any modifications that are deemed advisable to the programs.
(e) Any institutions of higher education that have entered group purchasing arrangements under title 68, chapter 11, part 12 shall not be precluded from continuing the arrangements.

§ 49-7-128. Fulfillment of obligations as president emeritus.

Notwithstanding § 8-36-714 to the contrary, upon mutual agreement between the Tennessee higher education commission and the board of trustees of the University of Tennessee, the board of regents, or a state university board, as appropriate, an individual holding the title of president emeritus may apply service to the Tennessee higher education commission toward fulfillment of the individual's obligations as president emeritus.

§ 49-7-129. Short title — Notification of law enforcement agency of a medically unattended death or of a report alleging rape — Joint investigation — Penalty.

(a) This section shall be known and may be cited as the “Robert ‘Robbie’ Nottingham Campus Crime Scene Investigation Act of 2004.”
(b) Regardless of whether a public or private institution of higher education has entered into a mutual assistance agreement with a law enforcement agency pursuant to § 49-7-118, the chief security officer or chief law enforcement officer of the institution shall immediately notify, unless otherwise provided by federal law, the local law enforcement agency with territorial jurisdiction over the institution, if the medically unattended death of a person occurs on the property of the institution, or if the officer is in receipt of a report from the victim alleging that any degree of rape has occurred on the property of the institution. The chief security officer or chief law enforcement officer shall designate one (1) or more persons who shall have the authority and duty to notify the appropriate law enforcement agency in the absence of the chief security officer or chief law enforcement officer.
(c) Upon notification pursuant to subsection (b), it shall be the duty of each law enforcement agency to participate in a joint investigation of the death or alleged rape reported pursuant to subsection (b). In the case of a medically unattended death, the local law enforcement agency shall lead the investigation. In the case of an alleged rape, the institution's law enforcement agency shall lead the investigation.
(d) After notifying the local law enforcement agency pursuant to subsection (b), the security officers or law enforcement officers and all other employees of the institution shall cooperate in every respect with the investigation conducted by the law enforcement agency.
(e) Any official of a public or private institution of higher education receiving a report from a victim of rape occurring on the property or in the vicinity of the institution shall refer the victim to a sexual assault program or other service on campus or in the community. Sexual assault programs shall report annually, by January 31, to the chief security or law enforcement officer of the institution of the number of requests for assistance received from victims who were raped on or in the vicinity of a public or private institution of higher education during the preceding calendar year.
(f) As used in this section, “local law enforcement agency” means:
1. (1) Within the territory of a municipality, the municipal police force;
2. (2) Within the territory of a county having a metropolitan form of government, the metropolitan police force; and
3. (3) Within the unincorporated territory of a county, the sheriff's office.
(g) A knowing violation of this section is a Class C misdemeanor.

§ 49-7-130. Reimbursement for airplane travel limited to standard coach fare.

No official, officer, or employee of a state university board, the board of regents, or the board of trustees of the University of Tennessee, or any institution under their control, shall be reimbursed for airplane travel in an amount in excess of standard coach fare for the applicable flight. Unless an emergency situation arises and the purchase or reimbursement for the purchase of tickets for travel by air in excess of the standard coach fare for the emergency situation is approved by the comptroller, no state appropriated or institution funds shall be otherwise used to purchase air travel at rates in excess of standard coach fare for the applicable flight.

§ 49-7-131. Eligibility for employment or promotion after serving on presidential search committee.

No person acting on a presidential search committee for any public higher education system or institution in this state shall be eligible for initial employment or for promotion by that system or institution of higher education for a period of twelve (12) months after the completion of the committee's business. This section shall not apply to any person who is a full-time student at the time of service on the committee.

§ 49-7-132. Approval of expenditures by state building commission.

(a) An expenditure or combination of separate expenditures in excess of one million dollars ($1,000,000), or a subsequent greater threshold established by the state building commission, made in a six-month period on a single building or structure owned or leased by a public four-year institution of higher education or governing board of the institution, is subject to the approval of the state building commission.
(b) An expenditure or combination of separate expenditures in excess of two hundred fifty thousand dollars ($250,000), or a subsequent greater threshold established by the state building commission, made in any six-month period on a single building or structure owned or leased by any other state institution of higher education or governing board of the institution, is subject to approval by the state building commission.

§ 49-7-133. Misrepresentation of academic credentials — Penalty.

(a) A person commits the offense of misrepresentation of academic credentials who, knowing that the statement is false and with the intent to secure employment at or admission to an institution of higher education in Tennessee, represents, orally or in writing, that the person:
1. (1) Has successfully completed the required course work for and has been awarded one (1) or more degrees or diplomas from an accredited institution of higher education;
2. (2) Has successfully completed the required course work for and has been awarded one (1) or more degrees or diplomas from a particular institution of higher education; or
3. (3) Has successfully completed the required course work for and has been awarded one (1) or more degrees or diplomas in a particular field or specialty from an accredited institution of higher education.
(b) Misrepresentation of academic credentials is a Class A misdemeanor.
(c) Each institution of the University of Tennessee system and the state university and community college system shall include in any catalog, on the institution's website and in any contract for employment in a position requiring academic credentials a warning that the offense of misrepresentation of academic credentials constitutes a Class A misdemeanor. The warning shall define the offense of misrepresentation of academic credentials.

§ 49-7-134. Reduction in work force.

The board of regents, the state university boards, and the board of trustees of the University of Tennessee shall adopt policies to govern reductions in force that could result in employee layoffs or terminations at their respective institutions of higher education. The policies shall provide a consistent and equitable method of reducing the work force when a reorganization or curtailment of operations becomes necessary. The policies shall, at a minimum:
1. (1) Apply to regular, nonfaculty employees;
2. (2) Provide for a written rationale for any reduction in the work force;
3. (3) Include identification of functional areas affected, a review of the budget implications involved and the development of specific written criteria to be used in identifying duties that will be reassigned or eliminated;
4. (4) Provide for the application of such factors as length of service in the position and at the institution, functional needs of the unit in selecting the affected employees and the qualifications needed to perform the remaining duties of the affected unit;
5. (5) Require written notification to the affected employees of a reduction in force as far in advance as possible; and
6. (6) Provide an opportunity for affected employees to receive notification when vacancies for similar positions at their former campuses occur.

§ 49-7-135. Policies on smoking at public institutions of higher education.

Notwithstanding any law to the contrary, including § 4-4-121, § 39-17-1551, or title 39, chapter 17, part 18, the board of regents, the trustees of the university of Tennessee, and state university board of each public institution of higher education may adopt policies regulating smoking on property owned or operated by the institution; provided, that such policies do not permit smoking in any location where smoking is otherwise prohibited by law. Such policies may prohibit smoking in all indoor and outdoor areas of property owned or operated by the institution. The board of regents, the trustees of the university of Tennessee, and state university board of each institution is encouraged to prohibit smoking in all enclosed spaces and provide for reasonable smoke-free zones at all facility entrances and exits.

2 Backlinks

§ 49-7-136. Emergency keyed lock boxes in all student dormitories and other university housing next to functioning elevators.

(a) The board of trustees of the University of Tennessee, the board of regents, and the state university boards shall adopt uniform rules requiring the placement of an emergency keyed lock box in all student dormitories and other campus housing with functioning elevators. The emergency keyed lock box must be installed by each bank of elevators in student dormitories and other campus housing. The lock boxes shall be permanently mounted seventy-two inches (72″) from the floor to the center of the box, be operable by a universal key, no matter where the box is located, and shall contain only fire service keys and drop keys to the appropriate elevators. General standards for the design of the boxes shall be approved by the department of labor and workforce development; provided, however, that the standards must be consistent with all applicable building and life safety standards governing student dormitories.
(b) Failure to comply with this section shall be a Class C misdemeanor and shall be punishable by a fine only of not more than two hundred fifty dollars ($250).

§ 49-7-137. Instruction to raise awareness and prevent hate crimes and sexual offenses — Required for freshmen.

(a) Each public institution of higher education is strongly encouraged to offer instruction aimed at increasing the awareness and prevention of hate crime offenses, sexual assault, sexual battery, sexual harassment, and date rape to all students.
(b) Each public institution of higher education shall require all entering freshmen during orientation or introductory studies to receive instruction aimed at increasing the awareness and prevention of sexual assault, sexual battery, sexual harassment, and date rape.

§ 49-7-138. Preference for admission to state residents.

The institutions of the University of Tennessee system and the state university and community college system shall adopt a policy concerning preference for admission to residents of this state.

§ 49-7-139. Wireless internet access in public postsecondary institutions.

(a) Every public postsecondary institution is authorized to provide campus-wide wireless internet access to students, faculty, staff and the general public without charge.
(b) For purposes of this section, “public postsecondary institution” means:
1. (1) An institution operated by the board of regents of the state university and community college system; or
2. (2) An institution in the University of Tennessee system.

§ 49-7-140. Confidentiality of gift records.

Records and information that concern gifts to public institutions of higher education or foundations established under § 49-7-107, and that include the name, address, telephone number, social security number, driver license information, or any other personally identifiable information about the donor or members of the donor's family, shall not be open for public inspection. Public institutions of higher education and foundations established under § 49-7-107 shall create an annual report of gifts received during each twelve-month period, including the amount of the gift and a general description of its use, but not including any personally identifiable information about the donor or members of the donor's family. Upon request, the annual report of gifts shall be made available for inspection by any citizen of Tennessee. Upon request, the attorney general and reporter may review all records or information concerning gifts to public institutions of higher education, and to foundations established under § 49-7-107, including all personally identifiable information about the donor or members of the donor's family.

§ 49-7-141. Minimizing cost of textbooks and course materials.

(a) The University of Tennessee system and the Tennessee board of regents shall develop policies for minimizing the cost of textbooks and course materials used at public institutions of higher education while maintaining quality of education and academic freedom. These policies shall require that:
1. (1) Faculty members submit lists of required textbooks and course materials to any on-campus bookstore in a timely manner to ensure that a sufficient quantity of the textbooks and materials are available for purchase when courses begin and that the lists, along with other relevant information concerning textbooks and course materials, including, but not limited to any International Standard Book Number (ISBN), are made available to students on the institution's website, using existing computer software;
2. (2) Any on-campus bookstore disclose to faculty members on a per course basis the costs to students of purchasing the required textbooks and course materials and that faculty members affirmatively acknowledge the price of the textbooks and materials before an order is completed;
3. (3) Faculty members consider the least costly practices in assigning textbooks and course materials, such as adopting the least expensive edition of a textbook available when educational content is comparable to a more costly edition as determined by the faculty member and working closely with publishers and bookstores to create bundles and packages only if they deliver cost savings to students;
4. (4) Any on-campus bookstore selling textbooks to students as part of a bundled package with other study products recommended by the publisher also provide students the option of purchasing the textbooks and other study products separately from each other, if possible;
5. (5) Any on-campus bookstore actively promote and publicize book buy-back programs;
6. (6) Copies of textbooks shall be made available for student use at no cost through the academic department or through the reserve system of the institution's library; provided, that the textbooks have been furnished at no charge by the publisher for this purpose; and
7. (7) All textbook inventory and monitoring required of any on-campus bookstore by any policy adopted shall be accomplished by existing bookstore staff.
(b) As used in subsection (a), “bundled” means a group of objects joined together by packaging or required to be purchased as an indivisible unit.

§ 49-7-142. Computer and network usage — Policy and deterrents to copyright infringement.

(a) Each public and private institution of higher education in the state that has student residential computer networks shall:
1. (1) Adopt and reasonably implement a policy defining computer and network usage and ethics that applies to students, staff, and faculty that clearly describes and prohibits the infringement of copyrighted works over the school's computer and network resources, and that details the penalties for infringement provided under both federal law and the school code;
2. (2) Make reasonable efforts to post signs in appropriate locations to remind students, staff, and faculty of the policy; and
3. (3) Subject to subsection (b), reasonably attempt to prevent the infringement of copyrighted works over the institution's computer and network resources, if the institution receives fifty (50) or more legally valid notices of infringement as prescribed by the Digital Millennium Copyright Act of 1998 (17 U.S.C. § 101 et seq.), within the preceding year.
(b) Nothing in this section shall:
1. (1) Prohibit the noninfringing use of copyrighted material by students, staff, and faculty;
2. (2) Restrict an educational institution's use of copyrighted material under 17 U.S.C. § 107;
3. (3) Waive the protections available to internet service providers under 17 U.S.C. § 512;
4. (4) Subject public institutions of higher education to any suit, whether for monetary damages, injunctive relief or any cause of action whatsoever; or
5. (5) Be deemed or construed to waive or abrogate in any way the sovereign immunity of the state, the public institutions of higher education, or any officer or employee of the state or the public institutions of higher education or waive or abrogate in any way the immunity of the state, the public institutions of higher education, or any officer or employee of the state or the public institution of higher education from suit under the eleventh amendment to the United States constitution.
(c) By April 1, 2009, the board of regents, the University of Tennessee, and the Tennessee Independent Colleges and Universities Association shall provide a report to the Tennessee higher education commission on the reasonable efforts their institutions have taken to attempt to deter infringement of copyrighted works over the school's computer and network resources. Thereafter, if an institution has fifty (50) or more legally valid notices of infringement as prescribed by the Digital Millennium Copyright Act of 1998 (17 U.S.C. § 1201 et seq.), within the preceding year, the board of regents, the University of Tennessee, and the Tennessee Independent Colleges and Universities Association shall provide a report to the Tennessee higher education commission that details the actions taken by the institution, including, but not limited to, the implementation of technology based deterrents pursuant to subdivision (a)(3).

§ 49-7-143. Information in student directories — Solicitations and issuance of credit cards.

(a) Any public institution of higher education that collects personal information from students, including, but not limited to, names, campus or home addresses, telephone numbers, or other identifying information, for the purpose of using this information in student or campus directories shall include on forms used for such purposes a provision whereby the student may indicate that the student does not wish to receive solicitations, offers, or other advertisements by mail or otherwise based on the directory listing. If a student indicates that the student does not wish to receive solicitations or other such offers, then the student's preference shall be marked by the student's name and the directory shall contain an explanation of the marking.
(b) It is unlawful for any credit card issuer to recruit potential student cardholders or customers for credit card business on campus or at college or university facilities, or through student organizations; provided, however, that colleges and universities may allow recruitment on days when there are athletic events, so long as the recruitment is in accordance with college or university policies.
(c) It is unlawful to knowingly offer gifts or any other promotional incentives to students on campus or at college or university facilities in order to entice the students to apply for credit cards.
(d) Any public institution of higher education that receives funds from the distribution of credit cards to students or any percentage from the use of cards bearing the college or university name or logo shall report the amount of such funds or percentage that it received as well as how the funds were expended during the previous fiscal year to the education committee of the senate and the education administration committee of the house of representatives by October of each year.
(e) Nothing in this section is intended to or shall impair the obligations, terms, conditions, or value of contracts between credit card companies and public colleges or universities that exist on July 1, 2008.

§ 49-7-144. Disclosure about transferability of credits.

(a) No person, agent, group or entity of whatever kind, alone or in concert with others, shall operate in this state a postsecondary educational institution unless, prior to a student signing an enrollment contract or agreement, the institution provides any prospective student a written disclosure about transferability of credits in the form set forth in subdivision (b)(2).
(b)
1. (1) The disclosure required by this section shall be on a document containing no other disclosures and shall be printed in a type not less than sixteen (16) point font. The student shall initial and date a copy of the written information to indicate that the student was given the required disclosures prior to executing an enrollment contract or agreement.
2. (2) The disclosure on the transferability of credits shall be as follows:
  1. Credits earned at [name of institutions giving disclosure] may not transfer to another educational institution. Credits earned at another educational institution may not be accepted by [name of institutions giving disclosure]. You should obtain confirmation that [name of institutions giving disclosure] will accept any credits you have earned at another educational institution before you execute an enrollment contract or agreement. You should also contact any educational institutions that you may want to transfer credits earned at [name of institutions giving disclosure] to determine if such institutions will accept credits earned at [name of institutions giving disclosure] prior to executing an enrollment contract or agreement. The ability to transfer credits from [name of institutions giving disclosure] to another educational institution may be very limited. Your credits may not transfer and you may have to repeat courses previously taken at [name of institutions giving disclosure] if you enroll in another educational institution. You should never assume that credits will transfer to or from any educational institution. It is highly recommended and you are advised to make certain that you know the transfer of credit policy of [name of institutions giving disclosure] and of any other educational institutions you may in the future want to transfer the credits earned at [name of institutions giving disclosure] before you execute an enrollment contract or agreement.
(c) If a postsecondary institution does not require a student to sign an enrollment contract or agreement, then information on how to obtain the institution's transfer of credit policy shall be included in the letter of acceptance or other such document sent by the postsecondary institution to the student. The information shall be sent to the student prior to the institution's requesting any payment from the student other than an application fee or a housing deposit.
(d) Information required under this section to be disclosed in writing to prospective students shall also be posted on the institution's website.

§ 49-7-145. Development of student disclosure form.

The Tennessee student assistance corporation shall develop a student disclosure form to provide notice of the specifics of loans consistent with state and federal law on the subject.

§ 49-7-146. Disciplinary violations for use or possession of alcohol, controlled substance or controlled substance analogue — Notice to parents.

A public institution of higher education shall notify a parent or legal guardian of a student under twenty-one (21) years of age, if the student has committed a disciplinary violation with respect to the use or possession of alcohol, a controlled substance, or a controlled substance analogue that is in violation of any federal, state or local law, or of any rule or policy of the institution, except as prohibited by the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g).

§ 49-7-147. Remedial and developmental courses — Coordination with two-year institutions.

(a) A public institution of higher education may offer remedial or developmental courses, coursework, or other methods such as corequisite remediation to address a student's remedial needs, as determined by the public institution of higher education.
(b) A state university and the University of Tennessee system may coordinate efforts with a two-year institution governed by the board of regents for the two-year institution to provide remedial or developmental courses or coursework.

§ 49-7-148. Comparative education concepts.

Institutions of higher education offering approved teacher training programs under chapter 5, part 55 [repealed] of this title are urged to explore ways in which research methodologies related to comparative education concepts that study and examine teaching practices and learning outcomes in other countries can be incorporated into existing curriculum.

§ 49-7-149. Kristen Azevedo Act — Criminal history check for employees of student housing.

(a) This section shall be known as and may be cited as the “Kristen Azevedo Act.”
(b) All persons applying at public institutions of higher education for employment in housing facilities owned or operated by such institutions, who shall have access to student rooms or apartments, including students applying to become resident assistants or resident directors, before being employed in such position, shall be required to:
1. (1) Supply a fingerprint sample and submit to a criminal history records check to be conducted by the Tennessee bureau of investigation (TBI) and the federal bureau of investigation (FBI) or other vendor contracted for the same purposes; and
2. (2) Agree that the results of the criminal history records check will be sent to the institution.
(c) No person whose name is reported to be on the state's or another state's sex offender registry shall be hired to work in a position permitting such person access to students' rooms or apartments in a student housing facility owned or operated by a public institution of higher education.

§ 49-7-150. Reverse articulation or reverse transfer agreements between universities and community colleges.

The community colleges of the board of regents system are authorized and encouraged to enter into reverse articulation or reverse transfer agreements with the universities of the board of regents and the University of Tennessee systems and with private institutions of higher education that are accredited by the Southern Association of Colleges and Schools. The universities of the board of regents and the University of Tennessee systems are authorized and encouraged to enter into reverse articulation or reverse transfer agreements with the community colleges of the board of regents system.

§ 49-7-151. Exemption from physical quorum requirement for participation by electronic or other means.

(a) The board of trustees of the University of Tennessee, the advisory boards for the University of Tennessee institutions, the board of regents of the state university and community college system, and the state university boards are not subject to the requirement of § 8-44-108(b)(1) that a physical quorum be present at the location specified in the notice of the meeting as the location of the meeting in order to allow participation by electronic or other means of communication for the benefit of the public and the governing body in connection with any meeting authorized by law. To qualify for the exemption from the requirements of § 8-44-108(b)(1), pursuant to this subsection (a), an advisory board for a University of Tennessee institution must have had a physical quorum present at the location of a meeting at least one (1) time in the previous twelve (12) months.
(b) The board of trustees of the University of Tennessee, the advisory boards for the University of Tennessee institutions that qualify for the exemption from the requirement under § 8-44-108(b)(1), the board of regents of the state university and community college system, and the state university boards are not subject to the requirements of § 8-44-108(b)(2) or (b)(3).

§ 49-7-152. Early registration for military veterans.

(a) As used in this section, “military veteran” means a person who has entered and served honorably in the United States armed forces on active duty, active national guard or active reserves.
(b) A military veteran who is a current resident of this state or whose home of record for military purposes is Tennessee and who is a student at a public institution of higher education shall be allowed to register for classes prior to the general student population at any public institution of higher education. Early registration shall occur using the same procedure used by student athletes, disabled students and honor students, if such groups are permitted to early register.

§ 49-7-153. Interest and career inventories.

An interest inventory such as the Kuder assessment, Myers-Briggs Type Indicator personality inventory, the ASVAB or other interest or career exploration inventory shall be available to all public postsecondary students beginning in their freshman year as a follow up to the interest inventory available to all public middle schoolers or ninth graders and to further assist students in determining their interests and in making career decisions. Summary data obtained from the interest inventories and personality profiles administered under this section shall be sent annually by the postsecondary institutions to the state board of education. The state board shall consider the data in making decisions concerning curricula for public school students that is relevant to their career decisions and academic strengths and weaknesses.

§ 49-7-154. Confidentiality of application and materials submitted with application for position of chief executive officer of public institution of higher education — Records of finalists.

(a) Notwithstanding any law to the contrary, an application for a position of chief executive officer of a public institution of higher education, materials submitted with an application, letters of recommendation or references concerning an applicant, and any other records or information relating to or arising out of the process of searching for and selecting an individual for a position of chief executive officer of a public institution of higher education shall be treated as confidential and shall not be open for public inspection, if the records could be used to identify a candidate for the position; provided, however, that after a search committee has selected candidates as finalists for a position of chief executive officer of a public institution of higher education, which shall occur no later than fifteen (15) calendar days before the final vote of the governing board to appoint or elect a person to fill the position, a record relating exclusively to the candidates selected as finalists shall not be confidential and shall be open for public inspection, except for a record otherwise confidential under state or federal law. This section shall not apply to information relating to a candidate who did not expressly request that the candidate's information be kept confidential.
(b) As used in this section:
1. (1) “Chief executive officer of a public institution of higher education” includes:
  1. (A) The president of the University of Tennessee system;
  2. (B) The chancellor of the state university and community college system;
  3. (C) A chancellor of a University of Tennessee campus or institute; and
  4. (D) A president or director of an institution of the state university and community college system; and
2. (2) “Finalists” means no less than three (3) candidates selected by a search committee as the group from which one (1) or more candidates shall be recommended to the governing board of the public institution of higher education.
(c) [Repealed effective July 1, 2028; see (c)(7).]
1. (1) Notwithstanding subsections (a) and (b), a search committee may select up to three (3) candidates to be recommended to the governing board of the public institution of higher education for the following positions:
  1. (A) A president of a locally governed state university;
  2. (B) The president of the University of Tennessee system;
  3. (C) A chancellor of a University of Tennessee campus or institute;
  4. (D) The chancellor of the Tennessee Board of Regents;
  5. (E) A president of a community college; or
  6. (F) A president or director of a Tennessee college of applied technology.
2. (2) Prior to initiating a search to fill a position listed in subdivision (c)(1), a meeting that is open to the public and subject to the requirements of title 8, chapter 44, part 1, shall be held by the governing board to establish the search process, a timeline, and a statement of qualifications for the position.
3. (3) No later than fifteen (15) calendar days before the final vote of the governing board to appoint or elect a person to fill a position listed in subdivision (c)(1), records relating exclusively to the candidates identified pursuant to subdivision (c)(1) shall not be treated as confidential and shall be open for public inspection, except for a record otherwise confidential under state or federal law.
4. (4) No later than seven (7) calendar days before a meeting at which the governing board will vote to appoint or approve the appointment of a candidate to fill a position listed in subdivision (c)(1), the governing board shall hold at least one (1) public forum with the candidate.
5. (5) A meeting at which the governing board will vote to appoint or approve the appointment of an individual to fill a position identified in subdivision (c)(1) shall be open to the public and subject to the requirements of title 8, chapter 44, part 1.
6. (6) No later than November 1, 2020, the advisory committee on open government shall submit a report to the governor, the speaker of the senate, and the speaker of the house of representatives evaluating the impact and effectiveness of this subsection (c) and identifying considerations and recommendations relative to its continuation, revision, or expiration.
7. (7) This subsection (c) shall be repealed on July 1, 2028.

§ 49-7-155. Dual credit courses.

(a)
1. (1) When the consortium approves a dual credit class that is accepted for credit by a four-year institution of higher education in either the board of regents system or the University of Tennessee system, then, upon approval by the state board of education of the class's curriculum standards, any high school in the state may replicate the class. Dual credit shall be granted to a student by a four-year institution offering a program for which the class is designed, if the student completes the course and successfully passes the challenge examination with a score equal to or higher than the cut score required by the institution.
2. (2) When the consortium approves a dual credit class that is accepted for credit by a two-year institution of higher education in the board of regents system, then, upon approval by the state board of education of the class's curriculum standards, any high school in the state may replicate the class. Dual credit shall be granted to a student by a two-year institution offering a program for which the class is designed, if the student completes the course and successfully passes the challenge examination with a score equal to or higher than the cut score required by the institution.
3. (3) When the consortium approves a dual credit class that is accepted for credit by a Tennessee college of applied technology in the board of regents system, then, upon approval by the state board of education of the class's curriculum standards, any high school in the state may replicate the class. Dual credit shall be granted to a student by a Tennessee college of applied technology offering a program for which the class is designed, if the student completes the course and successfully passes the challenge examination with a score equal to or higher than the cut score required by the institution.
4. (4) Prior to the consortium approving a dual credit class, the consortium shall direct its representatives from the University of Tennessee and the board of regents to consult with faculty members who teach at institutions in the major or program for which the class is designed as to whether the approval of the class would have any negative consequences on the accreditation of the institution or the program. The representatives shall report concerns of the faculty members to the consortium within a reasonable time frame as set by the consortium. The consortium shall consider the report in making its determination as to approval of classes and cut scores.
5. (5) Any dual credit class designed and approved by the consortium under this section shall include a postsecondary challenge examination. The successful passing of a postsecondary challenge examination, with a score equal to or higher than the cut score determined by a receiving higher education institution, is a requirement for the award of postsecondary credit.
6. (6) The governing board of the higher education institutions shall assign common numbers for the courses for which statewide challenge examinations are developed under chapter 15 of this title.
(b) The high school at which the student takes the class shall record the completion of the class including the student's grade, the postsecondary challenge examination score and the course number assigned by the appropriate postsecondary governing board on the student's secondary transcript. Where common numbering of a course is indicated within the Tennessee transfer pathway that common number shall be used on the secondary transcript.
(c) Each higher education institution awarding the credit for a postsecondary class, based upon a challenge examination, may determine whether the class credit shall be accepted for credit toward a major or the requirements of a specific program or as an elective. A postsecondary institution may also set the cut score on the challenge examination results that is required for the award of credit in a major or a specific program or as an elective at the institution. Each higher education institution shall inform the consortium of its requirements for awarding dual credit in a major, a specific program or as an elective. The office of postsecondary coordination and alignment shall provide high schools offering the class with information specific to the acceptance of challenge examinations and of each postsecondary institution's requirement for the awarding of postsecondary credit within a major or as an elective. High schools shall disseminate the information to students taking the class.
(d) Any public institution of higher education may, at any time, request that the consortium review a dual credit class or a replicated class offered by a high school, if the institution perceives the class to possess deficiencies. The consortium shall review the class and work with the high school or high schools to alter the class to remove any deficiencies as the consortium determines to be in the best interests of strengthening the class. The consortium may also request that the class at a high school be withdrawn for the dual credit process until such deficiencies are corrected.
(e) Notwithstanding any provision of this part to the contrary, the consortium shall not approve an early postsecondary credit class if the class in any way affects the accreditation of the postsecondary institutions or their programs.
(f) The office of postsecondary coordination and alignment shall encourage LEAs throughout the state, including those in rural areas, to offer early postsecondary credit classes.

§ 49-7-156. No discrimination or denial of recognition to student organization on basis of religious content of organization's speech — Restricting membership to persons professing the faith of the group is allowed.

(a) No state higher education institution that grants recognition to any student organization shall discriminate against or deny recognition to a student organization, or deny to a student organization access to programs, funding, or facilities otherwise available to another student organization, on the basis of:
1. (1) The religious content of the organization's speech including, but not limited to, worship; or
2. (2) The organization's exercise of its rights pursuant to subsection (b).
(b) A religious student organization may determine that the organization's religious mission requires that only persons professing the faith of the group and comporting themselves in conformity with it qualify to serve as members or leaders.
(c) As used in this section, “state higher education institution” means any higher education institution governed by chapter 8 or 9 of this title.

§ 49-7-157. Adoption of policies that substantially burden students' free exercise of religion prohibited.

The governing board or government entity, as defined in § 4-1-407(a), of a public institution of higher education operating under chapter 8 or 9 of this title shall not adopt policies, rules or directives that substantially burden students' free exercise of religion, but shall comply with the requirements of § 4-1-407.

§ 49-7-158. Brian Byrge Act — Free tuition for certain community college system and colleges of applied technology employees.

(a) This section shall be known and may be cited as the “Brian Byrge Act.”
(b) As used in this section, “space availability” means the maximum possible enrollment for the class has not been reached.
(c) Temporary part-time employees and regular part-time employees of the community college system or Tennessee colleges of applied technology shall be eligible for enrollment in one (1) course, consisting of no more than four (4) credit hours or one hundred twenty (120) clock hours, per term at any community college or Tennessee college of applied technology, at which such temporary part-time employee or regular part-time employee is employed, without paying tuition charges or maintenance fees. However, temporary part-time employees and regular part-time employees shall be responsible for fees, other than maintenance fees, associated with their enrollment and attendance.
(d) Enrollment privileges may be limited or denied by the community college or Tennessee college of applied technology on an individual classroom basis according to space availability. No tuition paying student shall be denied enrollment in a course because of part-time employee enrollment pursuant to this section.
(e) Courses taken under this section shall be governed by the academic rules and regulations of the institution or school offering the course or courses.
(f) This section shall have no effect on existing staff development programs at the institutions and schools of the state university and community college system.
(g) It is the legislative intent that the fees waived by this section shall not be deducted from the institution's budgets recommended by the Tennessee higher education commission.
(h) This section shall not apply to:
1. (1) [Deleted by 2023 amendment.]
2. (2) Temporary part-time employees who are hired through a temporary work agency or temporary staffing firm, where the temporary work agency or temporary staffing firm pays the employee.

§ 49-7-159. Cause of action against public institution of higher education for loss, damage, injury, or death from COVID-19 prohibited — Exceptions.

There is no cause of action against a public institution of higher education for any loss, damage, injury, or death arising from COVID-19, as defined in § 14-1-101, unless the claimant proves by clear and convincing evidence that the loss, damage, injury, or death was proximately caused by an act or omission of the institution or its employee or agent constituting gross negligence or willful misconduct. The requirements of title 14, chapter 5 apply to any such cause of action when applicable.

§ 49-7-160. Observances for Veterans Day on campuses of public higher education institutions.

(a) All campuses of public higher education institutions operated by the board of regents or University of Tennessee board of trustees shall hold observances for Veterans Day on or near the day recognized as the national day of observance.
(b) It is the intent of the general assembly that students, faculty, and staff who are veterans be afforded the opportunity to participate in the campus observances without adverse action or absence.

§ 49-7-161. Handgun carry policy of private institutions of higher education — Establishment — Rules and limitations.

(a)
1. (1) The board or governing entity of each private institution of higher education, whether for-profit or nonprofit, or the chief administrative officer if the institution does not have a board or governing entity, may establish a policy for the carrying of handguns on the campus and grounds of any property owned or operated by the institution, and in any building or structure located on property owned or operated by the institution.
2. (2) Any handgun carry policy adopted by the board or governing entity, or the chief administrative officer when appropriate, may:
  1. (A) Prohibit the carrying or possession of a handgun on all property owned or operated by the institution, and in any building or structure located on property owned or operated by the institution;
  2. (B) Permit the carrying of handguns by persons qualified under subsection (b) on all property owned or operated by the institution, and in any building or structure located on property owned or operated by the institution; or
  3. (C) Permit the carrying of handguns by persons qualified under subsection (b) in certain areas on the property of the institution or in certain buildings, and prohibit the carrying in other areas or buildings.
(b) If the board or governing entity, or the chief administrative officer when appropriate, permits the possession of handguns at the private institution, the following rules and limitations shall apply:
1. (1) No person who is otherwise prohibited from possessing a handgun is permitted to carry a handgun on property owned or operated by the institution;
2. (2) The person must have a valid Tennessee handgun carry permit, pursuant to § 39-17-1351; and
3. (3) No private institution that permits the possession of handguns on the property owned or operated by the institution pursuant to this section shall be required to post signs as required by § 39-17-1309(d).
(c)
1. (1) The handgun carry policy for each private institution shall be reduced to writing and disseminated in a manner most likely to ensure that it is known by students attending the institution; the parent or guardian of each student; the faculty, staff, and employees of the institution; and others who may go upon the grounds or enter a building on property owned or operated by the institution. The policy shall be made available in the administration building to anyone desiring a copy, distributed to all interested parties, including parents of minor students enrolled at the institution, and others by a method or methods reasonably likely to ensure dissemination of the policy, such as e-mails, text messaging, or posting on the institution's website.
2. (2) The policy shall go into effect thirty (30) days after it is adopted and disseminated as provided in this subsection (c).
(d) If a private institution does not adopt a handgun carry policy in accordance with subsection (a), then the carrying or possession of a firearm is prohibited in accordance with § 39-17-1309.
(e) The chief administrative officer shall submit a copy of the handgun carry policy for the institution to the sheriff's department and, if applicable, police department with jurisdiction over the institution.

2 Backlinks

§ 49-7-162. Prohibition against residency of registered sexual offenders — Penalties.

(a) No person who is registered, or required to register, as a violent sexual offender or offender against children pursuant to the Tennessee Sexual Offender and Violent Sexual Offender Registration, Verification and Tracking Act of 2004, compiled in title 40, chapter 39, part 2, shall knowingly establish a primary or secondary residence or any other living accommodation in any public institution of higher education's on-campus student residence facilities, including dormitories and apartments.
(b) A person who violates this section shall be subject to the penalties prescribed in § 40-39-208.

§ 49-7-163. Possession and storage of firearms or firearms ammunition in accordance with § 39-17-1313 — Prohibition against disciplinary action.

No public postsecondary institution shall take any adverse or disciplinary action against an employee or student of the postsecondary institution solely for such person's transportation and storage of a firearm or firearm ammunition in compliance with § 39-17-1313 while on or using a parking area located on property owned, used, or operated by the postsecondary institution.

§ 49-7-164. In-state tuition and fees to children of military parent who died in targeted attack in Tennessee — Definitions — Requirements — Eligibility.

(a) As used in this section:
1. (1) “Dependent child” means a natural child, stepchild, or adopted child who is either living with or receiving regular support contributions from a military parent at the time of the military parent's death. “Dependent child” also means a posthumous child;
2. (2) “Military parent” means a parent of a dependent child who is:
  1. (A) A member of the armed forces engaged in active military service of the United States; or
  2. (B) A member of the Tennessee national guard engaged in active military service of the United States;
3. (3) “State institution of higher education” means any public postsecondary institution operated in this state;
4. (4) “Targeted attack” means an act of violence perpetrated on a military parent while the military parent is engaged in the performance of the military parent's assigned military duties; and
5. (5) “Tennessee national guard” means any federally recognized unit of the Tennessee army or air national guard.
(b) Subject to the conditions in subsections (c), (d), and (e), a state institution of higher education shall charge a dependent child under twenty-three (23) years of age, whose military parent died as a result of a targeted attack that occurred in Tennessee, in-state tuition and fees regardless of the dependent child's domicile or place of residence during the dependent child's enrollment in the institution.
(c) Every dependent child desiring in-state tuition and fees under this section shall make application to the state institution of higher education, as required by the board of regents or the University of Tennessee system. The application shall be accompanied by evidence satisfactory to the institution that the military parent was killed as a result of a targeted attack that occurred in Tennessee while performing military duties related to the military parent's active military service.
(d) The dependent child may only receive in-state tuition and fees if the dependent child possesses the necessary qualifications required for admission to the state institution of higher education the child desires to attend and is admitted to the institution.
(e) The age limitation provided for dependent children in subsection (b) shall not be strictly applied. To be eligible for in-state tuition and fees under this section, a dependent child shall be matriculated as a full-time student at a state institution of higher education prior to attaining twenty-three (23) years of age. Once declared eligible, a dependent child shall remain eligible until one (1) of the following events has occurred:
1. (1) Prior to attaining twenty-three (23) years of age, the dependent child earns an undergraduate degree or certificate;
2. (2) The dependent child has earned one hundred thirty-five (135) semester hours, or the equivalent, excluding required remedial or developmental hours; or
3. (3) The dependent child has attempted one hundred fifty (150) semester hours, or the equivalent, inclusive of required remedial or developmental hours.

§ 49-7-165. Protection of records related to alternative investments.

(a) The general assembly finds a public necessity in protecting specified records relating to the investment program of the state university and community college system and the University of Tennessee system.
(b)
1. (1) Records of the state university and community college system and the University of Tennessee system relating to the name of an alternative investment, the name of an alternative investment manager, the amount invested in the alternative investment, or the most recent fiscal year-end value of an alternative investment shall be open to public inspection pursuant to title 10, chapter 7, part 5.
2. (2) [Repealed effective July 1, 2021.]
3. (3) Subdivision (b)(2) shall be repealed on July 1, 2021.
(c) For purposes of this section:
1. (1) “Alternative investment” includes, but is not limited to:
  1. (A) Any investment requiring an investor indicate if the investor qualifies as an accredited investor under Regulation D of the Securities Act of 1933 (17 C.F.R. § 230.500 et. seq.);
  2. (B) Unregistered securities or funds offered under exemptions provided by 17 C.F.R. § 230.144(A), 15 U.S.C. § 80a-3(c)(1), or 15 U.S.C. § 80a-3(c)(7); or
  3. (C) A qualified purchaser under 15 U.S.C. § 80a-2(a)(51); and
2. (2) “Public institution of higher education” means the University of Tennessee or the state university and community college systems.
(d) Nothing in this section shall limit access to records by law enforcement agencies, courts, or other governmental agencies performing official functions.

§ 49-7-166. Satisfaction of student debts and obligations required.

(a) As used in this section, “college system of Tennessee” means the community colleges and colleges of applied technology governed by the board of regents.
(b) As used in this section, “state universities” means:
1. (1) The University of Tennessee and all its several branches;
2. (2) The University of Memphis;
3. (3) Tennessee State University;
4. (4) Austin Peay State University;
5. (5) Middle Tennessee State University;
6. (6) Tennessee Technological University; and
7. (7) East Tennessee State University.
(c) The state universities and the college system of Tennessee are authorized to issue diplomas, certificates of credit, or official transcripts only after the student involved has satisfied all debts or obligations owed to the college or university, including, but not limited to, its bookstores, libraries, food service centers, dormitories, infirmaries, or hospitals. The limitation of this subsection (c) shall not apply to debts of less than one hundred dollars ($100).
(d) The limitation in subsection (c) does not apply to debts or obligations evidenced by notes or other written contracts providing for future payment, such as, but not limited to, loans authorized under federal or state education or student assistance acts.
(e) Notwithstanding the limitation in subsection (c), the colleges in the college system of Tennessee shall issue a certificate of credit or official transcript for a student seeking admission to any college in that system if the student has entered a written agreement to satisfy the outstanding debt or obligation owed to the college issuing the certificate of credit or official transcript. Any certificate of credit or official transcript issued under this subsection (e) shall indicate that it is subject to an outstanding debt owed to the issuing college. The college receiving a certificate of credit or official transcript issued under this subsection (e) shall not subsequently issue a diploma, certificate of credit, or official transcript to that student until it receives proof that the student has satisfied the outstanding debt to the college that issued the certificate of credit or official transcript.

§ 49-7-167. Appointment of administrative judges and hearing officers to conduct contested cases — Training — Waiver of right to contested case hearing.

(a) Public institutions of higher education are authorized to appoint the following persons as administrative judges and hearing officers to conduct contested cases under the Uniform Administrative Procedures Act:
1. (1) A person who is licensed to practice law and who is not employed as an attorney for the institution;
2. (2) A former state, county, or municipal judge or a former federal judge or magistrate;
3. (3) An employee of the institution who has been trained to conduct contested cases, including the training in subsection (c), but who does not provide legal representation to the institution; or
4. (4) An employee of another public institution of higher education who has been trained to conduct contested cases, including the training in subsection (c).
(b) An administrative judge or hearing officer appointed by a public institution of higher education pursuant to subsection (a) is subject to:
1. (1) The disqualification provisions of § 4-5-302; and
2. (2) The conflict of interest provisions of § 4-5-303.
(c) No earlier than twelve (12) months prior to hearing a contested case under the Uniform Administrative Procedures Act that involves sexual assault, dating violence, domestic violence, or stalking, an administrative judge or hearing officer shall complete training that satisfies the requirements of Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681), the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (20 U.S.C. § 1092(f)), and the federal regulations implementing those statutes, as amended.
(d) In lieu of appointing an administrative judge or hearing officer to conduct a contested case pursuant to subsection (a), a public institution of higher education may make a request to the office of the secretary of state to have the contested case heard by an administrative judge or hearing officer employed in the office of the secretary of state pursuant to § 4-5-301(d).
(e) Nothing in this section is intended to prohibit a student charged with a student disciplinary offense, or any other individual who has the right to a contested case hearing, from waiving the right to the hearing of a contested case under the Uniform Administrative Procedures Act; provided, that prior to waiving that right, the individual is informed in writing of the individual's rights under this section.
(f) As used in this section:
1. (1) “Contested case” has the meaning ascribed to that term by the Uniform Administrative Procedures Act; and
2. (2) “Uniform Administrative Procedures Act” means the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, and rules of procedure for hearing contested cases promulgated in accordance with applicable rulemaking provisions.

§ 49-7-168. Classification of spouse or dependent child of an active member of the United States armed forces transferred out of state on military orders as an in-state student for tuition purposes.

(a) As used in this section:
1. (1) “Continuous enrollment” means a student is enrolled in the fall and spring semesters of a single academic year. Enrollment in summer semester or inter-session terms is not required;
2. (2) “Dependent child” means a natural child, stepchild, or adopted child of a service member;
3. (3) “Institution of higher education” or “institution” means any public postsecondary institution operated by the board of trustees of the University of Tennessee system, the board of regents of the state university and community college system, or a local governing board of trustees of a state university that offers courses of instruction leading to a certificate or degree;
4. (4) “Service member” means a member of the United States armed forces who is engaged in active military service; and
5. (5) “Spouse” means the person to whom the service member is legally married.
(b) Notwithstanding §§ 49-8-104 and 49-9-105, an institution of higher education shall classify a student who is the spouse or dependent child of a service member who has been transferred out of this state on military orders as an in-state student for tuition purposes, if the spouse or dependent child:
1. (1) Was accepted for admission to an institution of higher education;
2. (2) Was initially classified by the institution that accepted the spouse or dependent child for admission as a Tennessee resident for tuition purposes;
3. (3) Enrolls as a student in the institution that initially classified the spouse or dependent child as a Tennessee resident for tuition purposes for the academic term for which the spouse or dependent child was accepted for admission; and
4. (4) Maintains continuous enrollment in that institution.

§ 49-7-169. Annual report detailing higher education opportunities available to eligible incarcerated individuals.

(a) The department of correction shall, in partnership with the Tennessee higher education commission and the board of regents, develop and submit to the general assembly an annual report that details the higher education opportunities available to eligible incarcerated individuals in this state.
(b) The report must include:
1. (1) The number of eligible incarcerated individuals housed at each correctional facility who are participating in higher education opportunities;
2. (2) The higher education opportunities available at each correctional facility, including the name of each institution of higher education providing higher education opportunities, along with a description of each course, field of study, or program provided by the institution of higher education;
3. (3) The number of degrees annually conferred to eligible incarcerated individuals housed in a correctional facility, including the name of each institution of higher education conferring the degree;
4. (4) Recommendations from the commissioner of correction, made in partnership with the executive director of the Tennessee higher education commission and the chancellor of the board of regents, to increase the higher education opportunities available to eligible incarcerated individuals housed in correctional facilities in this state; and
5. (5) A plan to equip at least ten percent (10%) of eligible incarcerated individuals housed in correctional facilities in this state with a degree, diploma, or certificate by the year 2025 by increasing the availability of, and participation in, higher education opportunities provided by institutions of higher education.
(c) The department shall transmit the report required under this section to the chairs of the judiciary and education committees of the senate and the criminal justice and education administration committees of the house of representatives, no later than January 1 of each year.

§ 49-7-170. Confidentiality of records maintained by intercollegiate athletics program. [Effective until July 1, 2026.]

(a) Notwithstanding § 10-7-504 or any other law to the contrary, records maintained by an intercollegiate athletics program of a public institution of higher education must be treated as confidential and must not be open for public inspection if the records contain information relating to game or player integrity and that is traditionally not revealed publicly due to the public institution of higher education's need to maintain competitiveness in the sport to which the records relate.
(b) As used in this section, “information relating to game or player integrity and that is traditionally not revealed publicly due to the public institution of higher education's need to maintain competitiveness in the sport to which the records relate” includes, but is not limited to, plays or playbooks; signals; plans, techniques, philosophies, strategies, systems, drills, or schemes for practices, games, or other team activities; recordings of practices, games, or other team activities; assessments of a participant including a player, recruit, game official, or opposing coach; information related to nutrition, medical care, physical therapy, recovery, strength-training, conditioning, or a player's likelihood of participating in a sport or athletic competition; and other information which, if disclosed to the public, reasonably could be used to affect the integrity of a sport, athletic contest, a participant in a sport or athletic contest, or a bet or wager on a sport or athletic contest.
(c) This section does not limit access to records:
1. (1) Of a law enforcement agency, court, or other governmental agency that is performing an official function;
2. (2) That relate to a court's or governmental agency's determination that an individual or a public institution of higher education violated a law; or
3. (3) That relate to a notice of an allegation by, or a determination of, the National Collegiate Athletic Association (NCAA) that an individual or institution violated a NCAA rule, including, but not limited to, a warning, reprimand, fine, suspension, termination, or other similar action, imposed by a public institution of higher education or the NCAA.
(d) This section does not prohibit a coach or other employee of a public institution of higher education from releasing information related to a player's injury, a player's or team's readiness to participate in a competition, or any other observation or strategy if the release of information is part of the traditional and regular communication that a coach or other employee of a public institution of higher education voluntarily releases to inform the public.
(e) Notwithstanding subsection (a), records, or parts of records, that are confidential pursuant to this section must be released to the public upon a request made in accordance with § 10-7-503 when the public's interest in the content of the records outweighs the interest of game or player integrity or the need to maintain competitiveness in the sport to which the records relate, or when game or player integrity or the need to maintain competitiveness in a sport are no longer relevant due to the passage of time. For purposes of this subsection (e), “public interest” includes, but is not limited to, accountability of the public institution of higher education, public officials, or employees of the public institution of higher education. This subsection (e) does not apply to records otherwise confidential under state or federal law.
(f) This section is repealed on July 1, 2026.

§ 49-7-171. Homeless-student liaison — Plan to provide students access to housing resources.

(a) A degree-granting postsecondary educational institution, as defined in § 49-7-2003, that has a campus in this state shall:
1. (1) Designate a staff member who is employed in the financial aid office, or another appropriate office or department as determined by the institution, to serve as a homeless-student liaison. The homeless-student liaison is responsible for understanding the provisions pertaining to financial aid eligibility of homeless students, including eligibility as independent students under the Higher Education Act of 1965 (20 U.S.C. § 1087vv), and identifying services available and appropriate for students enrolled at the institution who fall under these categories. The homeless-student liaison shall assist homeless students who are enrolled in the institution in applying for and receiving federal and state financial aid and available services; and
2. (2) If the institution offers housing resources, develop a plan to provide homeless students who are enrolled in the institution access to housing resources during and between academic terms. The plan must include granting homeless students first priority in housing placement and placing those students in housing facilities that remain open for occupation for the most days in a calendar year.
(b) As used in this section, “homeless student” means a student under twenty-five (25) years of age who has been verified as a homeless child or youth, as defined in the McKinney-Vento Homeless Assistance Act (42 U.S.C. § 11434a(2)), at any time during the twenty-four (24) months immediately preceding the student's enrollment in, or at any time while enrolled in, a degree-granting postsecondary educational institution by:
1. (1) A director or designee of a governmental or nonprofit agency that receives public or private funding to provide services to homeless persons;
2. (2) An LEA liaison for homeless children and youth designated pursuant to 42 U.S.C. 11432(g)(1)(J)(ii), or a school social worker or counselor;
3. (3) The director of a federal TRIO or Gaining Early Awareness and Readiness for Undergraduate Programs program, or a designee of the director; or
4. (4) A financial aid administrator for a degree-granting postsecondary educational institution.

§ 49-7-172. Suicide prevention plan for students, faculty, and staff.

(a) Each state institution of higher education shall develop and implement a suicide prevention plan for students, faculty, and staff. The plan must:
1. (1) Be developed in consultation with campus mental health professionals and suicide prevention experts;
2. (2) Identify procedures related to suicide prevention, intervention, and postvention; and
3. (3) Include a strategy to raise awareness of the mental health and crisis support services and resources, such as the contact information for suicide prevention and crisis lifelines, that are available to students, faculty, and staff.
(b) Each state institution of higher education may seek assistance in developing a suicide prevention plan from an organization that engages in a variety of initiatives to improve crisis services and advance suicide prevention, such as the Tennessee Suicide Prevention Network or a successor organization, and may seek information from such an organization for information on the development of training programs pursuant to § 63-1-125(c)(1).
(c) Each state institution of higher education shall provide the suicide prevention plan to students, faculty, and staff at least one (1) time each semester.

§ 49-7-173. Effect of failure to fund state-mandated discount or waiver program.

(a) An act of the general assembly enacted after January 1, 2021, that mandates a discount or waiver of the tuition or fees charged at public institutions of higher education in this state is unenforceable against an institution affected by the act in any fiscal year for which the general assembly fails to appropriate a sum sufficient to fully fund the discount or waiver program at the institution.
(b) If the general assembly fails to appropriate a sum sufficient to fully fund a discount or waiver program created by an act of the general assembly enacted after January 1, 2021, at a public institution of higher education in a fiscal year, then that institution is not required to make the discount or waiver available to students in the academic year for which the institution did not receive sufficient funding.
(c) This section does not affect:
1. (1) An act of the general assembly that mandates a discount or waiver of the tuition or fees charged at public institutions of higher education that was enacted on or before January 1, 2021; or
2. (2) A scholarship, grant, or financial aid program.
(d) The 112th general assembly recognizes that Article II, § 12 of the Constitution of Tennessee prevents this or another general assembly from statutorily binding a future general assembly. Therefore, this general assembly acknowledges that this section is legally binding only for the duration of the 112th general assembly. However, each future general assembly is discouraged from enacting legislation after January 1, 2023, that mandates a discount or waiver of the tuition or fees charged at public institutions of higher education unless the general assembly annually appropriates a sum sufficient to fully fund the discount or waiver program at each affected institution.

§ 49-7-174. Annual report for state-mandated discount or waiver program.

(a) As used in this section, “state-mandated discount or waiver program” means a discount or waiver of the tuition or fees charged at public institutions of higher education in this state, as required by an act of the general assembly.
(b) Each public institution of higher education shall annually report:
1. (1) The costs to the institution of providing each state-mandated discount or waiver program;
2. (2) The number of students at the institution participating in each state-mandated discount or waiver program; and
3. (3) The information described in subdivisions (b)(1) and (b)(2) projected over the next ten (10) fiscal years.
(c) The report must be submitted to the Tennessee higher education commission, the office of legislative budget analysis, and the chairs of the education committees of the senate and the house of representatives by March 1, 2022, and by each March 1 thereafter. A copy of the report must be filed with the legislative reference and law library and with the speaker of the house of representatives under § 3-1-123.

§ 49-7-175. Communication of immunization requirements and exemption information.

Any communication provided to students or parents by a public institution of higher education regarding immunization requirements must include information on the grounds for any exemption from the immunization requirements. The exemption information and immunization requirements must be:
1. (1) Provided in the same font size and style; and
2. (2) Located on the same page of the written or digital communication.

§ 49-7-176. Lease of public lands to fraternities and sororities.

(a) The governing body of the University of Tennessee system, the state university and community college system, or a state university may lease public lands under the governing body's jurisdiction to fraternities and sororities for a nominal consideration for a term not to exceed ninety-nine (99) years. A majority of the governing body may direct the chancellor, president, or chair of the governing body to execute the leases on behalf of the public institution of higher education; provided, that the leases are approved by the governor and the attorney general and reporter. A governing body shall consent in writing before a lease under this section is assigned or the premises are sublet or subleased. Prior to the commencement of the construction or installation of any improvement, the governing body shall approve the plans and specifications pertaining to the improvement. The governing body shall approve material alterations and all additions to the improvements constructed or installed on the premises prior to the commencement of the alterations or additions. The governing body shall promulgate rules for the operation and maintenance of the leased properties. At the end of the term of any lease, and in the event that any lessee violates the lessee's lease agreement or any rule adopted pursuant to this section, or violates this section, the lease terminates and the improved premises become the exclusive property of the governing body. The governing body shall take possession of the property. The lease may contain a provision for an option to renew the lease when the lease expires upon the conditions that the premises are not needed for use for other purposes in connection with the state's educational program and the building and improvements are suitable for occupancy without major repairs, remodeling, or alterations in accordance with the generally accepted standards for housing prevailing at public institutions of higher education. If the governing body does not renew a lease at the end of the term, then the governing body may pay the lessee the reasonable value of the improvements; however, in the event that the lease is not renewed, the title to the improvements vests in the state, and the state shall take possession of the premises, including the improvements, upon the expiration of the term.
(b) Any construction or installation of any improvements upon the property of a public institution of higher education by a fraternity or sorority pursuant to a lease agreement with the governing body is exempt from § 4-15-102(c), and from the Prevailing Wage Act for State Highway Construction Projects, compiled in title 12, chapter 4, part 4; provided, that the fraternity or sorority shall solicit competitive bids for the construction or installation and shall award the construction or installation contract to the lowest qualified bidder unless the fraternity or sorority can secure the work from alumni or supporters at a lesser cost than the lowest qualified bid.

§ 49-7-177. Annual collection of information by higher education commission — Web-based platform to assist students in making informed decisions about possible postsecondary credential pathways and outcomes.

(a) As used in this section:
1. (1) “Community college” means a two-year public institution operated by the board of regents of the state university and community college system;
2. (2) “Personally-identifiable information” means information that would allow a reasonable person, who does not have personal knowledge of the relevant circumstances, to determine an individual's identity with reasonable certainty, either alone or when combined with other personal or identifying information that is linked or linkable to a specific individual;
3. (3) “State university” means a four-year public institution of higher education operated by the board of trustees of the University of Tennessee or a state university board;
4. (4) “TCAT” means a Tennessee college of applied technology operated by the board of regents of the state university and community college system; and
5. (5) “THEC” means the Tennessee higher education commission.
(b) THEC may collect the following information or data annually, including from public institutions of higher education, where applicable:
1. (1) The high demand occupations in the state, including salary and education level required for such occupations;
2. (2) The average cost of attendance at each state university, community college, and TCAT;
3. (3) The student-level loan data for students participating or enrolling in any state university, community college, or TCAT participating in the federal loan program;
4. (4) The average student loan default rate for a student at a state university, community college, or TCAT;
5. (5) The average graduation rates for each state university and community college;
6. (6) The completion rates for TCATs;
7. (7) The average salary by degree type for graduates of state universities and community colleges; and
8. (8) The average salary by credential type for graduates of TCATs.
(c) THEC may make available a publicly accessible web-based platform that is capable of assisting current and prospective students in making informed decisions about possible postsecondary credential pathways and outcomes. THEC may utilize, modify, and expand an existing web-based platform for purposes of this section if the end product is capable of assisting current and prospective students in making informed decisions about possible postsecondary credential pathways and outcomes.
(d) A web-based platform developed pursuant to this section must be:
1. (1) Capable of searching and comparing available data across multiple programs and institution types; and
2. (2) Able to correlate specific institutions with the related information collected under subsection (b).
(e) Within the web-based platform, THEC may include documents, hyperlinks, or other resources related to:
1. (1) Additional information relative to state-funded financial aid options;
2. (2) Military enlistment opportunities and benefits information including the Tennessee national guard; and
3. (3) The highest need occupations in the state and associated salary information.
(f) A web-based platform authorized pursuant to this section shall not contain personally-identifiable information. Any personally-identifiable information collected for purposes of supporting or populating the web-based platform must be aggregated into summary statistics before the information is used to ensure that the results cannot be used to identify individual students.

§ 49-7-178. Pilot program to award completion grants to college coaching initiative students. [Repealed effective January 1, 2026.]

(a) As used in this section, “eligible postsecondary institution” and “Tennessee Promise scholarship student” have the same meanings as defined in § 49-4-708.
(b) The Tennessee higher education commission shall establish a four-year pilot program to award completion grants to Tennessee Promise scholarship students who are eligible for and receiving services as part of the college coaching initiative delivered by Tennessee Promise partnering organizations, and who have an immediate financial need, or who are experiencing a financial hardship, that may prevent the student from completing a postsecondary degree or credential. The Tennessee Promise partnering organizations are responsible for identifying the college coaching initiative students who are eligible for a completion grant under this subsection (b).
(c) The pilot program will begin with the 2021-2022 academic year.
(d) The commission may contract with one (1) or more entities to administer some or all portions of the pilot program. The commission is encouraged to contract with organizations that are partnering with this state to support the college coaching initiative, which is a proactive, high-impact coaching model that seeks to increase postsecondary matriculation, retention, and completion rates for the most at-risk Tennessee Promise scholarship student population.
(e) Throughout the pilot program, the commission shall collect and analyze:
1. (1) The number and percentage of college coaching initiative students who:
  1. (A) Applied for a completion grant, disaggregated by each eligible postsecondary institution;
  2. (B) Received a completion grant, disaggregated by each eligible postsecondary institution;
  3. (C) Remained enrolled and made progress toward a postsecondary degree or credential after receiving a completion grant, disaggregated by each eligible postsecondary institution;
  4. (D) Withdrew from the eligible postsecondary institution or stopped making progress toward a postsecondary degree or credential after receiving a completion grant, disaggregated by each eligible postsecondary institution; and
  5. (E) Completed a postsecondary degree or credential after receiving a completion grant, disaggregated by each eligible postsecondary institution;
2. (2)
  1. (A) The total amount of completion grants awarded, disaggregated by academic year and by each eligible postsecondary institution; and
  2. (B) The average amount of completion grants awarded;
3. (3) The financial needs or hardships reported by college coaching initiative students who applied for, but did not receive, a completion grant;
4. (4) The financial needs or hardships reported by college coaching initiative students who applied for and received a completion grant; and
5. (5) Information that the commission believes may assist the general assembly in evaluating the effectiveness of the pilot program.
(f) Subject to appropriation in the general appropriations act:
1. (1) The commission shall not:
  1. (A) Use net proceeds of the state lottery to fund completion grants awarded pursuant to this section; or
  2. (B) Award more than two hundred fifty thousand dollars ($250,000) in completion grants in the first year of the pilot program or in any subsequent year of the pilot program;
2. (2) The commission shall only use funds available to the commission from the unexpended balance of the qualified work-based learning grant fund established pursuant to § 49-11-903 to award completion grants pursuant to this section;
3. (3) All funds allocated to the commission from the funds available in the qualified work-based learning grant fund for purposes of this section that remain unexpended at the end of a fiscal year do not revert to the general fund, but must be carried forward into subsequent fiscal years to effectuate the purposes of this section;
4. (4) Funds allocated to the commission from the qualified work-based learning grant fund for purposes of this section for each fiscal year must provide the commission with sufficient funds to ensure that the minimum balance of funds available to the commission on July 1 of that fiscal year is not less than two hundred fifty thousand dollars ($250,000), including any funds that may have been carried forward from preceding fiscal years; and
5. (5) Any funds that remain unexpended at the conclusion of the pilot program revert to the general fund at the end of the fiscal year.
(g) The commission shall submit an annual report on the outcomes of the pilot program to the education committee of the senate and to the education committee of the house of representatives no later than December 31, 2022, for the first year of the pilot program, and no later than December 31 of each remaining year.
(h) This section is repealed on January 1, 2026.

§ 49-7-179. Foster care youth outreach liaison pilot program.

(a) The department of children's services, working jointly with the Tennessee higher education commission, the board of regents, and public institutions of higher education, shall establish a foster care youth outreach liaison pilot program at a minimum of five (5) public institutions of higher education.
(b) The purpose of the liaison is to serve as:
1. (1) A knowledgeable source of information for youth who are in foster care, participating in extension of foster care, or are former foster youth regarding existing resources at the higher education institution; and
2. (2) A point of contact between the department of children's services and the higher education institution regarding the special needs of these youth in order to increase retention and graduation among this population.
(c) The department of children's services, working jointly with the Tennessee higher education commission, the board of regents, and public institutions of higher education, shall establish the scope and duties of the liaisons in the program, including the requisite qualifications, training, or education for serving as a liaison. A liaison may be an employee of the higher education institution.
(d) The pilot program terminates on June 30, 2024. While the program is in effect, the department of children's services, working jointly with the Tennessee higher education commission, the board of regents, and public institutions of higher education, shall evaluate the success of the program and, on or before January 1, 2024, provide a recommendation to the education committees of the senate and the house of representatives regarding whether the program should be extended or expanded.

§ 49-7-180. Males prohibited from participating in public higher education sports designated for females.

(a)
1. (1) Intercollegiate or intramural athletic teams or sports that are designated for “females,” “women,” or “girls” and that are sponsored, sanctioned, or operated by a public institution of higher education or by a private institution of higher education whose students or teams compete against public institutions of higher education shall not be open to students of the male sex.
2. (2) Subdivision (a)(1) does not restrict the eligibility of a student to participate in an intercollegiate or intramural athletic team or sport designated for “males,” “men,” or “boys” or designated as “coed” or “mixed.”
(b) For purposes of this section, an institution of higher education shall rely upon the sex listed on the student's original birth certificate, if the birth certificate was issued at or near the time of birth. If a birth certificate provided by a student is not the student's original birth certificate issued at or near the time of birth or does not indicate the student's sex, then the student must provide other evidence indicating the student's sex.
(c) A government entity, a licensing or accrediting organization, or an athletic association or organization shall not:
1. (1) Accept a complaint, open an investigation, or otherwise take an adverse action against an institution of higher education for maintaining separate intercollegiate or intramural athletic teams or sports for students of the female sex; or
2. (2) Retaliate or take an adverse action against a student who reports a violation of this section to an employee or representative of the institution of higher education, athletic association, or organization, or to a state or federal agency with oversight of the institution of higher education.
(d) Each institution of higher education shall adopt and enforce a policy to ensure compliance with this section.

§ 49-7-181. Definition of antisemitism used in determining whether alleged act occurring on premises of institution of higher education was motivated by antisemitic intent.

(a) If a state governmental entity or an institution of higher education receives a complaint from a person who alleges that antisemitism has occurred on the premises of an institution of higher education, or through electronic outreach from an institution of higher education, then the respective state governmental entity or institution of higher education shall take into consideration the working definition of antisemitism adopted by the International Holocaust Remembrance Alliance (IHRA) on May 26, 2016, including the “contemporary examples of antisemitism,” in determining whether the alleged act was motivated by antisemitic intent.
(b)
1. (1) This section does not diminish or infringe upon rights protected under Article I, § 3 of the Constitution of Tennessee or the First Amendment to the Constitution of the United States.
2. (2) This section shall not be construed to conflict with other federal or state discrimination laws.
3. (3) This section does not alter the evidentiary requirements pursuant to which a state governmental entity or an institution of higher education determines that conduct, including harassment, amounts to actionable discrimination.

§ 49-7-182. Save Tennessee Students Act.

(a) This section and § 49-6-1904 are known and may be cited as the “Save Tennessee Students Act.”
(b)
1. (1) If a public institution of higher education issues new student identification cards to students enrolled in the institution, then the institution shall include on the cards:
  1. (A) The telephone number for the 988 Suicide & Crisis Lifeline; or
  2. (B) The social media handle, telephone number, or text number for at least one (1) additional crisis resource selected by the institution, which may include the crisis text line or, if available, a local suicide prevention hotline.
2. (2) This subsection (b):
  1. (A) Applies to student identification cards purchased by a public institution of higher education on or after July 1, 2023; and
  2. (B) Does not apply to:
    1. (i) Student identification cards purchased by a public institution of higher education before July 1, 2023; or
    2. (ii) Digital student identification cards.
(c) Each public institution of higher education shall post the telephone number for the 988 Suicide & Crisis Lifeline and the social media handle, telephone number, or text number for at least one (1) additional crisis resource selected by the institution, which may include the crisis text line or, if available, a local suicide prevention hotline in a conspicuous place on each campus operated by the institution.
(d) Each public institution of higher education shall create and feature a webpage on the institution's website or a mobile application that contains information dedicated solely to the mental health resources available to the institution's students.

1 Backlink

49-6-1904(a)

§ 49-7-183. Postsecondary institutions — Limitations on accessing social media apps based in the People's Republic of China.

(a) A public postsecondary institution that provides internet access to students, faculty, staff, or the general public shall not allow an individual to access a social media platform using the institution's network if the platform is operated or hosted by a company based in the People's Republic of China. This section applies to internet services provided by an institution through a hard-wired or wireless network connection.
(b) This section does not apply to institutions or employees of such institutions if downloading, accessing, or using such a social media platform is necessary to perform:
1. (1) Law enforcement activities;
2. (2) Investigatory functions to carry out official duties for bona fide law enforcement, investigative, or public safety purposes; or
3. (3) Audit, compliance, or legal functions of the institution.

§ 49-7-184. Prohibitions on mandatory implicit bias training — Section definitions.

(a) A public institution of higher education, shall not:
1. (1) Require a faculty member or other employee of the institution to complete or participate in implicit bias training; or
2. (2) Take an adverse employment action against a faculty member or other employee of the institution for the faculty member's or employee's failure or refusal to participate in implicit bias training.
(b) As used in this section, “implicit bias training” means a training or other educational program designed to expose an individual to biases that the training's or educational program's developer or designer presumes the individual to unconsciously, subconsciously, or unintentionally possess that predispose the individual to be unfairly prejudiced in favor of or against a thing, person, or group to adjust the individual's patterns of thinking in order to eliminate the individual's unconscious bias or prejudice.

Part 2 Tennessee Higher Education Commission

§ 49-7-201. Creation.

In order to achieve coordination and unity in the program of public higher education, there is created the Tennessee higher education commission, called the commission in this part.

2 Backlinks

§ 49-7-202. Duties.

(a) It is the duty of the commission on a continuing basis to study the use of public funds for higher education in this state and to analyze programs and needs in the field of higher education.
(b) The commission shall establish and ensure that all postsecondary institutions in this state cooperatively provide for an integrated system of postsecondary education. The commission shall guard against inappropriate and unnecessary conflict and duplication by promoting transferability of credits and easy access of information among institutions.
(c) The commission shall:
1. (1) Provide planning and policy leadership, including a distinct and visible role in setting the state's higher education policy agenda and serving as an agent of education transformation;
  1 Backlink
  - 7-90-122(a)(1)(A)(i)
2. (2) Develop and advance the education public policy agenda of the state to address the challenges facing higher education in Tennessee; and
3. (3) Develop public consensus and awareness for the Tennessee higher education public policy agenda.
(d)
1. (1) The commission shall develop a statewide master plan to increase the educational attainment levels of Tennesseans through strategic future development of public universities, community colleges, and colleges of applied technology.
2. (2) In the development of this master plan, the commission shall actively engage with state institutions of higher education and their respective governing boards, as well as key stakeholders, and the appropriate state agencies.
3. (3) The commission shall engage regional and statewide constituencies for input and information to ensure the master plan supports the development of higher education opportunities for Tennesseans. Additionally, provisions of the master plan shall facilitate regional cooperation and alignment among postsecondary institutions, secondary educational institutions, business, and industry, as well as civic and community leaders.
4. (4) This master plan shall be reviewed and revised as deemed appropriate by the commission, and shall include, but not be limited to, consideration of the following provisions:
  1. (A) Addressing the state's economic development, workforce development, and research needs;
  2. (B) Ensuring increased degree production within the state's capacity to support higher education;
  3. (C) Using institutional mission differentiation to minimize redundancy in degree offerings, instructional locations, and competitive research, and to realize statewide efficiencies through institutional collaboration; and
  4. (D) Establishing eligible incarcerated individuals housed in correctional facilities in this state as a focus population in order to increase the degree attainment of such individuals.
5. (5) Following completion of the master plan and to expedite implementation, the commission shall submit any necessary higher education policy recommendations to the governing boards of the various institutions, the governor, and the general assembly through the education committee of the senate and the education administration committee of the house of representatives.
(e) Concurrent with the adoption of each revised master plan and in consultation with the respective governing boards, the commission shall approve institutional mission statements. Submitted by state institutions, an institutional mission statement shall characterize distinctiveness in degree offerings and shall address institutional accountability for the quality of instruction, student learning, and, where applicable, research and public service to benefit Tennessee citizens. Nothing contained in this section shall prohibit any institution from pursuing research and related activities that are consistent with the institution's mission.
(f)
1. (1) The commission shall develop and utilize an outcomes-based funding formula model to ensure the fair and equitable distribution and use of public funds among state institutions of higher education.
2. (2) This funding formula model shall further the goals of the statewide master plan by emphasizing outcomes across a range of variables that shall be weighted to reinforce each institution's mission and provide incentives for productivity improvements consistent with the state's higher education master plan, including:
  1. (A) End-of-term enrollment for each term, student retention, and timely progress toward degree completion and degree production; and
  2. (B) Student transfer activity, research, and student success, as well as compliance with the transfer and articulation policies required in this section.
3. (3) The funding formula model shall consider the impact of tuition, maintenance fees, and other charges assessed by each institution in determining the fair and equitable distribution of public funds. The commission shall also consider capital outlay programs and operating expenses, which shall be utilized to determine the higher education appropriations recommendation.
(g)
1. (1) The commission shall establish a review committee to aid in development or revision of the higher education master plan and funding formula. The committee shall include the executive director of the Tennessee higher education commission, the chancellor of the board of regents, the president of the University of Tennessee system, each president of a board of regents state university, the commissioner of finance and administration, the comptroller of the treasury, the chairs of the standing committees on education and finance, ways and means of the senate, the chairs of the standing committees on education administration and finance, ways and means of the house of representatives, and the directors of the office of legislative budget analysis, or their designees.
2. (2) The committee shall review the funding formula components, as well as identify needed revisions, additions, or deletions to the formula. The committee shall also ensure that the funding formula is linked to the goals and objectives of the master plan.
3. (3) The review committee shall meet at least annually.
(h) The commission shall submit the revised higher education funding formula to the office of legislative budget analysis and the comptroller of the treasury no later than December 1 of each year. The commission shall also report any projected tuition increases for the next academic year to the office of legislative budget analysis and the comptroller of the treasury no later than December 1 of each year. The office of legislative budget analysis and the comptroller of the treasury shall each provide comments on the higher education funding formula to the chairs of the education and finance, ways and means committees of the senate and the chairs of the education administration and finance, ways and means committees of the house of representatives.
(i) Before any amendment or revision to the outcomes-based funding formula model shall become effective, the amendment or revision shall be presented to the education and finance, ways and means committees of the senate and the education administration and finance, ways and means committees of the house of representatives for review and recommendation.
(j) In the implementation of its duties, the commission, in cooperation with the commissioner of finance and administration and the comptroller of the treasury, shall establish uniform standards of accounting, records, and statistical reporting systems in accordance with accepted national standards, which standards shall be adhered to by the various institutions in preparing for submission to the commission statistical data and requests for appropriations.
(k) The commission shall develop funding recommendations that reflect the outcomes-based funding formula model as well as the priorities of the approved master plan.
(l) The commission shall have no authority for recommending individual colleges of applied technology's operating budgets nor in approving or disapproving the transfer of any funds between colleges of applied technology deemed necessary by the board of regents to carry out the provisions of chapter 181 of the Public Acts of 1983. For fiscal years ending on and after June 30, 2013, the commission shall have no authority for recommending individual community colleges' operating budgets or in approving or disapproving the transfer of any funds between community colleges as may be determined necessary by the board of regents.
(m) The commission shall develop a comprehensive strategic financial plan for higher education focusing on state appropriations, student tuition and other charges, financial aid, and capital and infrastructure issues, as well as other factors, as appropriate. The plan shall also address higher education efficiency, affordability, performance, return on investment, and other relevant factors.
(n)
1. (1) The commission shall review annually tuition and other institutional fees charged to students attending state institutions of higher education.
2. (2) Following this review, the commission shall approve annually a tuition and fee policy binding upon all state institutions of higher education. This tuition policy shall apply only to tuition and fees charged to undergraduate students classified as Tennessee residents, commonly referred to as in-state tuition or maintenance fees.
3. (3) The tuition policy shall include two (2) approved ranges of allowable percentage adjustment:
  1. (A) One (1) range for any proposed modification to the current tuition rates; and
    1 Backlink
    
    49-4-930(g)(7)
  2. (B) One (1) range for any proposed modification to the combined total amount of tuition and all mandatory fees assessed.
4. (4) Institutions may adopt tuition and fee adjustments within the commission's approved policy ranges, but no increase shall exceed the maximum percent adjustment approved by the commission.
5. (5) Tuition-setting authority for undergraduate students not classified as Tennessee residents and all graduate-level students shall be the sole responsibility of the institution's respective governing board.
6. (6) Nothing in this subsection (n) shall prohibit institutions from reducing the total tuition and fees charged to students.
7. (7) Notwithstanding this subsection (n), no change in tuition or fee policy shall be made that, in the opinion of the board of regents, might adversely affect compliance with, or future borrowings pursuant to, financing agreements with the Tennessee state school bond authority.
(o) The commission shall establish a formal process, consistent with § 49-7-1002, for identifying capital investment needs and determining priorities for these investments for consideration by the governor and the general assembly as part of the annual appropriations act.
(p) As necessary, the commission may convene the membership, leaders, and personnel of each public institution, governing board, or system to ensure a cohesive and coordinated system of higher education public policy. The commission may also conduct orientation and informational policy seminars for members of governing boards.
1 Backlink
- 49-8-203(m)
(q)
1. (1)
  1. (A) The commission shall study the need for particular programs, departments, academic divisions, branch operations, extension services, adult education activities, public service activities, and work programs of the various institutions of higher learning, with a particular view to their cost and relevance and to make recommendations to the respective governing boards for the purpose of minimizing duplication and overlapping of functions and services and to foster cooperative programs among the various institutions.
  2. (B) The commission is authorized to make recommendations to the governing boards for the termination of existing on-campus and off-campus programs of those institutions set forth in § 49-7-203 that are determined by the commission to be unnecessarily duplicative. A copy of the recommendations shall be filed with the education committee of the senate and the education administration committee of the house of representatives.
  3. (C) The governing boards of the institutions shall make a report annually on any program terminations to the education committee of the senate and the education administration committee of the house of representatives, and a copy of the report shall be filed with the commission.
2. (2)
  1. (A) The commission shall review and approve or disapprove all proposals for new degrees or degree programs or for the establishment of new academic departments or divisions within the various institutions of higher learning.
  2. (B) Determination of specific courses or course content, however, shall continue to be the exclusive function of the governing boards of the various institutions.
  3. (C) This subdivision (q)(2) shall apply to state colleges of applied technology only if the schools grant degrees and shall apply only to those schools granting degrees, unless the system as a whole grants degrees.
3. (3) The commission shall review and approve or disapprove all proposals by any existing higher education institution to establish a physical presence at any location other than its main campus or to extend an existing location that will be utilized for administrative purposes or to offer courses for which academic credit is offered. If the new location will create or expand a physical presence out of state, the higher education institution shall, through its governing board, file with the commission a notice of intent to initiate out-of-state instructional activity prior to the development of the proposal. The commission shall, no later than February 15 of each year, report to the chairs of the fiscal review committee, the education committee of the senate, and the education administration committee of the house of representatives of any such notices filed in the previous year and the status of that application. The commission shall develop policies and procedures governing the process outlined in this subdivision (q)(3). This subdivision (q)(3) shall also apply to state colleges of applied technology.
(r)
1. (1) The commission shall require all state institutions of higher education to collaborate and develop a transfer pathway for at least the fifty (50) undergraduate majors for which the demand from students is the highest and in those fields of study for which the development of a transfer pathway is feasible based on the nature of the field of study.
  1 Backlink
  - 49-15-104(b)(2)
2. (2)
  1. (A) A transfer pathway shall consist of sixty (60) hours of instruction that a student can transfer and apply toward the requirements for a bachelor's degree at a public institution that offers the transfer pathway. The sixty (60) hours of instruction in a transfer pathway shall consist of forty-one (41) hours of general education courses instruction and nineteen (19) hours of pre-major courses instruction, or elective courses instruction that count toward a major, as prescribed by the commission, which shall consider the views of chief academic officers and faculty senates of the respective campuses. Courses in a transfer pathway shall transfer and apply toward the requirements for graduation with a bachelor's degree at all public universities.
  2. (B) An associate of science or associate of arts degree graduate from a Tennessee community college shall be deemed to have met all general education and university parallel core requirements for transfer to a Tennessee public university as a junior. Notwithstanding this subdivision (r)(2)(B), admission into a particular program, school, or college within a university, or into the University of Tennessee, Knoxville, shall remain competitive in accordance with generally applicable policies.
  3. (C) The forty-one-hour lower division general education core common to all state colleges and universities shall be fully transferable as a block to, and satisfy the general education core of, any public community college or university. A completed subject category, for example, natural sciences or mathematics, within the forty-one-hour general education core shall also be fully transferable and satisfy that subject category of the general education core at any public community college or university.
  4. (D) The nineteen-hour lower division AA/AS area of emphasis articulated to a baccalaureate major shall be universally transferable as a block satisfying lower division major requirements to any public university offering that degree program major.
3. (3) It is the legislative intent that community college students who wish to earn baccalaureate degrees in the state's public higher education system be provided with clear and effective information and directions that specify curricular paths to a degree. To meet the intent of this section, the commission, in consultation with the governing boards of all state institutions of higher education, shall develop, and the governing boards of all state institutions of higher education shall implement, the following:
  1. (A) A common course numbering system, taking into consideration efforts already undertaken, within the community colleges to address the requirements of subdivision (r)(1);
  2. (B) Listings of course offerings that clearly identify courses that are not university parallel courses and therefore not designed to be transferable under subdivision (r)(1); and
  3. (C) A dual admissions policy in which a person who satisfies the admissions requirements of a two-year institution governed by the board of regents and a public university while pursuing a degree program within a transfer pathway program of study is authorized to be admitted to both such institutions.
4. (4) This subsection (r) shall be fully implemented no later than the fall 2024 semester. Until this subsection (r) is fully implemented, prior to the beginning of each semester, the commission shall report to the chairs of the education and finance, ways and means committees of the senate and the chairs of the education administration and planning and finance, ways and means committees of the house of representatives on the progress made toward completion of the nineteen (19) pre-major course blocks provided in subdivision (r)(2)(D).
5. (5) The commission shall have ongoing responsibility to update and revise the plans implemented pursuant to this subsection (r) and report to the chairs of the education and finance, ways and means committees of the senate and the chairs of the education administration and finance, ways and means committees of the house of representatives no later than October 1 of each year on the progress made toward full articulation between all public institutions.
(s) [Deleted by 2022 amendment.]
(t)
1. (1) The commission, with the assistance of the University of Tennessee system, state universities, and the community college system, shall develop information concerning the potential career opportunities in each curriculum or major field of study leading to a baccalaureate degree that is offered at a state institution of higher education. The information shall include, but not be limited to, the potential job market in this state in the major field or curriculum after graduation, the median income or an income range for jobs in the major field or curriculum in this state, and whether an advanced degree in the major field or curriculum is required to obtain employment in that field.
2. (2) The information developed concerning career opportunities for curricula and major fields of study under subdivision (t)(1) shall be posted on the commission's website. A link to the information developed by the commission, together with a brief description of the type of information available, shall be posted on the website of each state institution of higher education offering baccalaureate degrees. The institutions shall not be required to publish the information developed by the commission in school catalogs, but school catalogs shall include, in a prominent location, the website address for the information and a brief description of the type of information that is available.
3. (3) The information required by this subsection (t) shall be updated at least annually.
(u) The commission shall undertake specific duties that are directed by resolution of the general assembly or requested by the governor.
(v) The commission shall comply with the policies of the state building commission concerning capital projects affecting public institutions of higher education in this state.

1 Backlink

49-8-203(e)

§ 49-7-203. Schools within commission's jurisdiction — Contracts with private schools.

(a) The commission's studies and recommendations shall encompass the programs and authorities of the University of Tennessee, Tennessee Technological University, Austin Peay State University, Tennessee State University, the University of Memphis, East Tennessee State University, Middle Tennessee State University, the community colleges and the state's colleges of applied technology.
(b)
1. (1) The commission shall consider Tennessee's private institutions of higher education in its continuous studies of the immediate and future needs of the state in the area of higher education.
2. (2) These studies shall consider the place of the private institutions in relation to the public institutions.
3. (3) If these studies show that accredited private institutions in this state can provide either the facility or program needs of the state, the commission is authorized to contract with accredited private institutions in this state for the provision of those educational programs and facilities that will serve to meet the needs of the people of the state.

1 Backlink

49-7-202(q)(1)(B)

§ 49-7-204. Composition.

(a)
1. (1)
  1. (A) The commission shall consist of a total of ten (10) appointed voting members.
  2. (B) The governor shall appoint six (6) voting members, the speaker of the senate shall appoint one (1) voting member, the speaker of the house of representatives shall appoint one (1) voting member, and the speakers shall jointly appoint one (1) voting member.
  3. (C)
    1. (i) In addition, the governor shall appoint one (1) voting student member each year, from a list of three (3) nominees selected and submitted by the commission no later than April 15. The student member shall serve for a term of one (1) year, commencing on July 1 and concluding on June 30.
    2. (ii) The student member must remain enrolled in good standing at a public institution of higher education in this state for the duration of the student's term on the commission, except that a student member who graduates during the student's term on the commission may complete that term.
    3. (iii) The student member shall be a resident of this state.
    4. (iv) The chancellor of the board of regents and the president of the University of Tennessee system may each submit no more than two (2) qualified candidates, and the presidents of the state universities may each submit one (1) qualified candidate, to the commission for consideration each year. All candidates shall be submitted to the executive director no later than November 15.
    5. (v) The chancellor and presidents are encouraged to facilitate the participation of campus student government associations in the candidate selection process.
    6. (vi) Nothing in this section shall be construed to terminate a student member who was appointed prior to March 23, 2018.
  4. (D) The comptroller of the treasury, the secretary of state, and the state treasurer shall serve as ex officio, voting members of the commission. The executive director of the state board of education, or the executive director's designee, serves as an ex officio, nonvoting member of the commission.
2. (2)
  1. (A) Except for ex officio members and student members, membership shall be for a six-year term.
  2. (B) To transition from appointment of all members by the governor to appointment of members by the governor, the speaker of the senate, and the speaker of the house of representatives, when the first vacancy occurs or the first term expires after July 1, 2016, the speaker of the senate shall appoint the member to fill the vacancy. When the second vacancy occurs or the next term expires, the speaker of the house of representatives shall appoint the member to fill the vacancy. When the third vacancy occurs or the next term expires, the speaker of the senate and the speaker of the house of representatives shall jointly appoint the member to fill the vacancy.
3. (3)
  1. (A) As the governor, speaker of the senate, and speaker of the house of representatives appoint voting members, other than the student members, the governor, the speaker of the senate, and the speaker of the house of representatives shall appoint the voting members so that the three (3) grand divisions are represented equally.
  2. (B) No member of the commission serving on July 1, 2016, shall have the member's term cut short because of subdivision (a)(3)(A).
4. (4) When the nine (9) voting members, other than the student member, have been appointed so that the three (3) grand divisions are represented equally, the appointing authorities, in filling vacancies, shall subsequently appoint a person from the grand division in which the member who previously filled the position resided.
5. (5) Members shall be eligible for reappointment.
6. (6) The appointing authorities shall strive to appoint members to the commission in a manner that is representative of the diversity of the citizens of the state.
(b)
1. (1) Except as provided in subdivision (a)(2)(B), any vacancy on the commission shall be filled by appointment of the authority who originally made the appointment.
2. (2) Vacancies, except for expiration of a term, shall be filled for the unexpired term only.
3. (3) Except for members appointed before July 1, 2016, the place of any member on the commission shall be vacated at such time as the member ceases to reside in the grand division in which the member resided at the time of appointment.
(c) Except as provided in subsection (a), no commission member shall be an elected or appointed official or employee of the state, nor a trustee, officer or employer of a public institution of higher learning in this state while a member of the commission. A student member is exempt from this subsection (c).
(d)
1. (1) The commission's first meeting after all members have been appointed shall be upon the call of the governor.
2. (2) The commission thereafter shall meet at least four (4) times each year.
3. (3) Meetings of the commission shall be made available for viewing by the public over the internet by streaming video accessible from the commission's website. Archived videos of the commission's meetings shall also be available to the public through the commission's website.
(e) The commission shall elect from its number a chair and such other officers as it deems appropriate, shall determine their terms as officers of the commission and shall adopt rules for its organization and the conduct of its business.
(f) Commission members shall receive no compensation for their services, but 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.

§ 49-7-205. Staff.

(a)
1. (1) The commission is empowered to employ an executive director, define the executive director's duties and, within budgetary limitations, fix the executive director's compensation.
2. (2) The executive director shall serve at the pleasure of the commission.
3. (3) The executive director shall have the educational preparation and experience that qualifies the executive director, in the commission's judgment, to understand and evaluate the problems and needs of the state's institutions of higher learning and to direct the studies of the commission.
(b) Within budgetary limitations, and subject to the approval of the commissioner of human resources, the executive director may employ other professional and staff employees necessary to efficiently discharge the duties of the agency.
(c) The executive director and all other employees shall be reimbursed for travel expenses in accordance with the comprehensive travel regulations promulgated by the department of finance and administration and approved by the attorney general and reporter.

1 Backlink

49-4-202(g)

§ 49-7-206. Rights and status of other bodies preserved.

(a)
1. (1) The University of Tennessee shall retain its identity and status as a legal entity, a body politic and corporate and as one of the state's federal land-grant institutions.
2. (2) Except as expressly provided in this part, its board of trustees shall retain and exercise all the authority, rights, powers and duties, express or implied, vested in it by legislative charter and enactments and other applicable laws. Nothing in this part shall be construed to deprive the board of the authority, rights, powers and duties conferred upon it by law in the government of the institutions, branches, colleges, divisions and departments now under its control, except those duties that by this part are expressly vested in the commission.
(b) Except for the powers that are vested in the commission by this part, nothing in this part shall be construed to deprive the board of regents and the state university boards of the authority, rights, powers, and duties conferred upon them by law, express or implied, in the government, control, and operation of their respective institutions.

§ 49-7-207. [Repealed]

§ 49-7-208. Program — Recognition of university students for community involvement.

(a) The executive director of the commission shall develop, implement and publicize a program to recognize university students who have a record of outstanding community involvement. The program shall honor students at both public and private two-year and four-year colleges and universities who have displayed a high level of community service, including volunteer work, community organization, public service, charitable service and leadership roles in these areas. The executive director shall conduct an annual program at which outstanding students are publicly recognized for community service. Nominations for recognition may be received from college and university administrators and teachers, students or members of the public. The executive director shall report the names and accomplishments of those recognized to the governor, general assembly, and press.
(b) The award shall be known as the Representative Harold Love Outstanding Community Involvement Award.

§ 49-7-209. Program — Recognition of college and university teachers for community involvement.

(a) The executive director of the commission shall develop, implement and publicize a program to recognize university teachers who have a record of outstanding community involvement. The program shall honor teachers at both public and private two-year and four-year colleges and universities who have displayed a high level of community service, including volunteer work, community organization, public service, charitable service and leadership roles in these areas. The executive director shall conduct an annual program at which outstanding teachers are publicly recognized for community service. Nominations for recognition may be received from college and university administrators and teachers, students or members of the public. The executive director shall report the names and accomplishments of those recognized to the governor, general assembly and press.
(b) The award shall be known as the Representative Harold Love Outstanding Community Involvement Award.

§ 49-7-210. Annual report.

(a) The Tennessee higher education commission shall submit an annual report on the condition of Tennessee higher education to the governor and the general assembly.
(b) This report, which is known as the Tennessee Postsecondary Education Fact Book, must include data from the state universities, the institutions of the board of regents system, and the University of Tennessee system and their governing bodies and, to the extent possible, from the Tennessee Independent Colleges and Universities Association. The fact book must also include available regional and national information to put Tennessee's data in context.
(c) The fact book must address the topics of access, efficiency, productivity, and quality as indicated by, but not limited to, the following performance categories and illustrative indicators:
1. (1) Student preparation, such as freshman class profiles and learning support placement and success rates, by subject area;
2. (2) Student participation, such as college-going rates, overall enrollment, and enrollment by critical student subpopulations;
3. (3) Student progression, such as end-of-term enrollment counts, freshman-to-sophomore retention rates, and the number of students passing credit hour benchmarks under the higher education funding formula;
4. (4) Student success and completion, such as retention and graduation rates, time to degree, credentials awarded, and credentials awarded per one hundred (100) full-time equivalent enrolled students;
5. (5) Workforce participation, such as job placement rates and licensure passage rates;
6. (6) Academic trends, such as student engagement survey results, changes to the academic program inventory, low-producing academic programs, the number and percentage of accredited programs, and the percentage of lower division instructional courses taught by full-time faculty, part-time faculty and graduate assistants;
7. (7) Financing trends, such as state appropriation levels and net tuition revenues, state and other revenue per student, and state and other revenue per awarded credential; and
8. (8) Affordability trends, such as in-state and out-of-state tuition rates, aggregate debt and student default rates, and costs of attendance.
(d) The fact book:
1. (1) Must include the amount of any federal appropriations made to, and the amount of any matching funds received by, each federal land-grant institution of higher education in this state for each of the agricultural research, extension, education, and related programs established under:
  1. (A) Section 1444 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. § 3221);
  2. (B) Section 1445 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. § 3222);
  3. (C) Sections 3(b) and (c) of the Smith-Lever Act (7 U.S.C. § 343); and
  4. (D) The Hatch Act of 1887 (7 U.S.C. § 361a et seq.);
2. (2) Must include the amount of any state appropriations made to each federal land-grant institution of higher education in this state for agriculture education; and
3. (3) May include any additional information that may assist the general assembly in providing equitable funding to each of the federal land-grant institutions of higher education in this state.
(e) The fact book must be published prior to May 1 each year, or as soon as practicable upon receipt of necessary student data from the systems and other sources. The fact book must be made available in web-based and printable formats.

§ 49-7-211. Financial disclosure of student activity fees.

(a) Each public university and community college shall report to the Tennessee higher education commission, on an annual basis, an accounting of student activity fees.
(b) The Tennessee higher education commission shall publish, as part of the Tennessee Postsecondary Education Fact Book, a financial disclosure statement for student activity fees.
(c) The financial disclosure statement shall account for the student activity fees on a campus-by-campus basis. At a minimum the following information shall also be included with the financial disclosure statement:
1. (1) The number of undergraduate and graduate students enrolled;
2. (2) Source of any student activity fees according to the number of students enrolled as undergraduate or graduate students;
3. (3) The expenditure of the student activity fees; and
4. (4) Funds not expended during the disclosure period.
(d) [Deleted by 2021 amendment.]

§ 49-7-212. Code of ethics — Material violation — Hearing — Vacancy.

(a) The commission shall establish and adopt a code of ethics that shall apply to and govern the conduct of all appointed members of the commission.
(b) Notwithstanding any other law to the contrary, by a two-thirds (⅔) vote of its membership, the commission may remove any appointed member of the commission for a material violation of the code of ethics.
(c) A commission vote to remove one of its members shall only be taken after the accused member has been afforded a due process contested case hearing in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, and a finding has been made that the member did violate the commission's code of ethics.
(d) If a member is removed in accordance with this section, the position shall be considered vacant and the vacancy shall be filled as provided by law.

§ 49-7-213. Development of institute of public health.

The Tennessee higher education commission, in consultation with the department of health, the University of Tennessee system, the Tennessee board of regents and private colleges and universities in this state shall develop an institute of public health.

§ 49-7-214. Food insecurity report.

On or before December 31, 2023, the executive director of the Tennessee higher education commission shall submit a report to the governor, the speaker of the senate, and the speaker of the house of representatives that identifies issues of food insecurity among students at public institutions of higher education in this state and identifies and describes the efforts of the institutions to address issues of food insecurity among students. The report may be submitted by electronic means.

§ 49-7-215. Audit of efficiencies.

An audit of the Tennessee higher education commission, the University of Tennessee board of trustees and the board of regents may be conducted by the comptroller of the treasury. If such audit is conducted, the audit shall specifically focus on overlap in mission, cost inefficiencies, management practices and the restructuring of higher education stipulated by the implementation of Acts 2010 (1st Ex. Sess.), ch. 3. If such audit is conducted, the audit shall be submitted to the education committee of the senate and the education administration committee of the house of representatives for review and recommendation.

§ 49-7-216. Confidential data or records of students enrolled in TICUA institutions.

(a) When the Tennessee Independent Colleges and Universities Association (TICUA) or any of its member institutions provide to the Tennessee higher education commission, another state agency, or a third party acting on behalf of the state, confidential student data or records concerning students enrolled in TICUA institutions, neither TICUA nor a member institution shall be held liable in any court of law for any breach of confidentiality of such information, if the breach resulted from actions of the commission, another state agency, a third party acting on behalf of the state, or their staff and not from the transmission of the data or records by TICUA or its member institutions before the data or records reached the commission.
(b) This section shall apply to any student data or records that are confidential under any law of this state or any federal law, including, but not limited to, the federal Family Educational Rights and Privacy Act (20 U.S.C. § 1232g).

§ 49-7-217. Initiative on historically black colleges and universities.

(a) The “Initiative on Historically Black Colleges and Universities (HBCUs)” or “initiative”, as used in this section, is an organizational unit of the commission, established and administered by the executive director for the purpose of providing oversight to focus on ways to strengthen the capacity of historically black colleges and universities to provide the highest quality education, increase opportunities for these institutions to participate in and benefit from state programs, and ensure that Tennessee has the highest proportion of college graduates from HBCUs in the country. The initiative shall operate in consultation with the consortium of historically black colleges and universities, pursuant to part 29 of this chapter.
(b) The initiative shall work with state departments, agencies, offices, the private sector, educational associations, philanthropic organizations, and other partners to increase the capacity of HBCUs to provide the highest quality education to a greater number of students, and to take advantage of these institutions' capabilities in serving the state's needs through five (5) core tasks:
1. (1) Strengthening the capacity of HBCUs to participate in state programs;
2. (2) Fostering enduring private-sector initiatives and public-private partnerships while promoting specific areas and centers of academic research and programmatic excellence throughout all HBCUs;
3. (3) Improving the availability, dissemination, and quality of information concerning HBCUs to inform public policy and practice;
4. (4) Sharing administrative and programmatic practices within the consortium for the benefit of all; and
5. (5) Exploring new ways of improving the relationship between the state and HBCUs.
(c)
1. (1) The commission is authorized and directed to provide all necessary and appropriate guidance, assistance, and support to facilitate strategy development and coordinated implementation by the initiative and the partnership to accomplish the respective and mutual key tasks of the initiative as outlined in subsection (b).
2. (2) In furtherance of subdivision (c)(1), the commission may enter into one (1) or more memoranda of cooperation with the initiative and the partnership on terms deemed by the commission to be appropriate, mutually beneficial, and in the best interest of the consortium and the partnership.
(d) All state departments and agencies are encouraged to create an annual plan of its efforts to strengthen the capacity of HBCUs through increased participation in appropriate federal programs and initiatives. Where appropriate, each agency plan shall address, among other things, the agency's proposed efforts to:
1. (1) Establish how the department or agency intends to increase the capacity of HBCUs to compete effectively for grants, contracts, or cooperative agreements and to encourage HBCUs to participate in state programs;
2. (2) Identify state programs and initiatives in which HBCUs may be either underserved or underused as national resources, and improve HBCUs' participation therein; and
3. (3) Encourage public-sector, private-sector, and community involvement in improving the overall capacity of HBCUs.
(e) If a department or agency creates an annual plan pursuant to subsection (d), then the department or agency shall:
1. (1) Provide appropriate measurable objectives and, after the first year, shall annually assess that department's or agency's performance on the goals set in the previous year's agency plan; and
2. (2) Provide a written summary of the objectives and goals to the education committee of the senate and the education administration committee of the house of representatives within thirty (30) days of the annual assessment required in subdivision (e)(1).
(f) The initiative may establish a board of advisors to consist of no more than twenty-five (25) members appointed by the commission. The board shall include representatives of a variety of sectors, including philanthropy, education, business, finance, entrepreneurship, innovation, and private foundations, as well as sitting HBCU presidents. The board may advise the commission and the initiative in the following areas:
1. (1) Improving the identity, visibility, and distinctive capabilities and overall competitiveness of HBCUs;
2. (2) Engaging the philanthropic, business, government, military, homeland security, and education communities in a dialogue regarding new HBCU programs and initiatives;
3. (3) Improving the ability of HBCUs to remain fiscally secure institutions that can assist the state in reaching its educational goals;
4. (4) Elevating the public awareness of HBCUs; and
5. (5) Encouraging public-private investments in HBCUs.

§ 49-7-218. [Repealed]

Part 3 Arrangements for Students Studying Outside State

§ 49-7-301. Academic Common Market.

(a)
1. (1) The commission, acting through its duly appointed representative, is authorized to enter into an agreement on behalf of the state and the public higher education institutions of the state with representatives of other member states of the southern regional education board for participation in the Academic Common Market.
2. (2) The instrument of agreement shall become effective upon execution by the representatives of five (5) member states of the southern regional education board.
3. (3) The instrument of agreement shall be effective for an initial period of three (3) years and may be subject to renewal. The commission may rescind the agreement of participation by the state at any time in accordance with the instrument of agreement.
(b) Nonresident fees shall not be charged to residents of other states who are admitted under the terms of the instrument of agreement to programs offered by higher education institutions of the state through the Academic Common Market.
(c)
1. (1) The commission is designated the administrative agency for the state for the Academic Common Market.
2. (2) For the purpose of administration, the duties of the commission are to:
  1. (A) Submit annually to the southern regional education board a list of programs offered by public higher education institutions of this state that the state is prepared to have included in the Academic Common Market;
  2. (B) Maintain and disseminate a list of programs offered through the Academic Common Market by institutions in other states and available to Tennessee residents;
  3. (C) Certify Tennessee residents for participation in the programs of the Academic Common Market in other states; and
  4. (D) Perform other duties that may be necessary to comply with the instrument of agreement or that are otherwise necessary for administration.

1 Backlink

49-7-104(a)(7)

§ 49-7-302. Optometry students.

(a) As used in this section, unless the context otherwise requires:
1. (1) “School or college of optometry” means an accredited institution offering courses leading to the degree of doctor of optometry, acting through its governing body; and
2. (2) “Tennessee student” means any student who qualifies as a resident of the state for purposes of tuition according to rules and regulations of the board of trustees of the University of Tennessee or the board of regents of the state university and community college system.
(b) The Tennessee state contract administrator for the southern regional education board is authorized to contract with state or privately owned or endowed optometry schools or colleges within the southern regional education board region for the purpose of providing financial payments to the colleges in exchange for the colleges reserving places for Tennessee students at the rate per student approved by the southern regional education board.
(c) Any financial payment authorized under this section shall be made in accordance with the following provisions and limitations:
1. (1) Optometry colleges that annually enroll Tennessee students under the southern regional education board contract program may receive financial payments up to the total number specified in the contract, at the rate per student approved by the southern regional education board during any fiscal year; and
2. (2) The financial assistance shall be continued from year to year until the entering Tennessee student has been granted a degree in optometry, but not for more than four (4) years, and contracts provided for in this section may set forth the terms and provisions for continuation of the payments as provided by the southern regional education board.

§ 49-7-303. Medical students.

(a) As used in this section, unless the context otherwise requires:
1. (1) “Additional Tennessee students” means an annual increase in the number of entering Tennessee students over the average number of entering Tennessee students for the immediate past ten (10) years;
2. (2) “Medical college” means an accredited institution offering courses leading to the degree of doctor of medicine acting through its governing body; and
3. (3) “Tennessee student” means any student who qualifies as a resident for purposes of tuition according to rules and regulations of the University of Tennessee.
(b) The commission is authorized to contract with privately owned or endowed medical colleges in this state for the purpose of providing financial payments to the colleges in exchange for the colleges' accepting additional Tennessee students.
(c) Any financial payment authorized under this section shall be made in accordance with the following provisions and limitations:
1. (1) Each medical college that annually enrolls additional Tennessee students may receive annual financial payments for each of the maximum of ten (10) entering Tennessee students;
2. (2) Financial payments may be made for each additional Tennessee student in an amount not to exceed the per student appropriation to the University of Tennessee College of Medicine for the fiscal year ending prior to the academic year in which the additional Tennessee student or students are enrolled in the medical school;
3. (3) The financial assistance may be continued from year to year until the entering Tennessee student has been granted a degree in medicine, and contracts provided for in this section may set forth the terms and provisions for continuation of the payments; and
4. (4) The total financial payments to each medical college shall not exceed payments for more than forty (40) Tennessee students at each medical college during any fiscal year.

Part 4 State Assistance to Private Colleges

§ 49-7-401. Family practice training programs.

(a) It is the intent and purpose of this section to promote the preparation, education and training of physicians for family practice in this state by encouraging Meharry Medical College to continue its efforts for the development of an expanded family practice residency that includes training in medically underserved middle Tennessee communities.
(b)
1. (1) In addition to the medical programs already provided for and funded by the state, financial support shall also be provided for the development, enlargement and continuation of Meharry Medical College's graduate training program in family practice for physicians, which shall prepare them for the specialty of family practice.
2. (2) Funding for the Meharry family practice residency program shall not exceed fifty thousand dollars ($50,000) per year per resident in training.
(c)
1. (1) Funding for the 1978-1979 academic school year shall be projected as not exceeding five hundred forty thousand dollars ($540,000) for the training of thirty-six (36) residents.
2. (2) Funding for succeeding years will provide for continuance at this same level, unless increased or decreased by specific legislation.
(d) Development and expansion of family practice resident training in various locations of middle Tennessee shall be the responsibility of Meharry Medical College.
(e)
1. (1) This section does not constitute an appropriation of funds.
2. (2) No funds shall be expended under this section unless the funds are specifically appropriated in the general appropriations act pursuant to §§ 9-4-5101 — 9-4-5105, 9-4-5108 — 9-4-5114 or a specific amendment or supplement to the general appropriations act.

§ 49-7-402. Preventive medicine training programs.

(a) It is the intent and purpose of this section to promote the preparation, education and training of physicians for preventive medicine in this state by encouraging Meharry Medical College to continue its efforts for the development of an expanded preventive medicine residency that includes training in medically underserved middle Tennessee communities.
(b)
1. (1) In addition to the medical programs already provided for and funded by the state, financial support shall also be provided for the development, enlargement and continuation of Meharry Medical College's graduate training program in preventive medicine for physicians, which shall prepare them for the specialty of preventive medicine.
2. (2) Funding for the Meharry preventive medicine residency program shall not exceed fifty thousand dollars ($50,000) per year per resident in training.
(c)
1. (1) For the 1981-1982 academic school year, one hundred thousand dollars ($100,000) shall be earmarked and shall not exceed that amount for the funding of the preventive medicine residency program at Meharry Medical College to enable the training of five (5) residents; funding for 1982-1983 shall be projected as not exceeding one hundred eighty thousand dollars ($180,000) for the training of nine (9) residents.
2. (2) Funding for succeeding years will provide for continuance at this same level unless increased or decreased by specific legislation.
(d) Development and expansion of preventive medicine resident training in various locations of middle Tennessee shall be the responsibility of Meharry Medical College.
(e)
1. (1) This section does not constitute an appropriation of funds.
2. (2) No funds shall be expended under this section unless the funds are specifically appropriated in the general appropriations act pursuant to title 9, chapter 4, part 51, or a specific amendment or supplement to the general appropriations act.

§ 49-7-403. Sickle cell anemia research.

The department of health shall negotiate a contract with Meharry Medical College for study, research and treatment of drepanocytemia, sickle cell anemia, on such terms and conditions as may be mutually agreeable; provided, that this section shall not take effect unless funds are appropriated in the general appropriations act to effectuate the purposes of this section.

§ 49-7-404. General dentistry training programs.

(a) It is the intent and purpose of this section to promote the preparation, education and training of doctors for general dentistry in this state by encouraging Meharry Medical College to continue its efforts for the continuation of an expanded general dentist practice residency that includes training in medically underserved middle Tennessee communities.
(b)
1. (1) In addition to the dental programs already provided for and funded by the state, financial support shall also be provided for the development, enlargement and continuation of Meharry Medical College's graduate training program in general practice for dentists, which shall prepare them for the general dentistry practice.
2. (2) Funding for the Meharry general dentistry residency program shall not exceed forty thousand dollars ($40,000) per year per resident in training.
(c)
1. (1) For the 1981-1982 academic school year, funding shall not exceed ninety-two thousand dollars ($92,000), enabling six (6) residents to be trained; funding for 1982-1983 shall be projected as not exceeding one hundred thousand dollars ($100,000) for the training of six (6) residents.
2. (2) Funding for succeeding years will provide for continuance at this same level unless increased or decreased by specific legislation.
(d) This legislation will provide for Meharry Medical College to continue further development of general dentistry residency training in various locations of middle Tennessee.
(e)
1. (1) This section does not constitute an appropriation of funds.
2. (2) No funds shall be expended under this section unless such funds are specifically appropriated in the general appropriations act pursuant to title 9, chapter 4, part 51, or a specific amendment or supplement to the general appropriations act.

Part 5 Chairs of Excellence

§ 49-7-501. Chairs of excellence endowment fund.

(a) The chairs of excellence endowment fund is created.
(b) This fund shall operate as an irrevocable trust fund within the state treasury and shall be administered by the state treasurer. The terms of the trust instrument shall be approved by the attorney general and reporter.
(c) There is created a board of trustees for the chairs of excellence endowment fund composed of the following seven (7) members:
1. (1) The governor;
2. (2) The state treasurer;
3. (3) The comptroller of the treasury;
4. (4) The secretary of state;
5. (5) The commissioner of finance and administration;
6. (6) The president of the University of Tennessee system; and
7. (7)
  1. (A) The president of one (1) of the following state universities:
    1. (i) Austin Peay State University;
    2. (ii) East Tennessee State University;
    3. (iii) Middle Tennessee State University;
    4. (iv) Tennessee State University;
    5. (v) Tennessee Technological University; or
    6. (vi) The University of Memphis.
    3 Backlinks
    
    49-7-502(d)(2)
    49-7-502(e)
    49-7-503(b)(1)
  2. (B) Each state university president listed in subdivisions (c)(7)(A)(i)-(vi) must serve a three-year term, in alphabetical order by state university, starting with the president of Austin Peay State University with a term beginning on July 1, 2017, and ending on June 30, 2020.
(d) The trust may invest in any security or investment in which the Tennessee consolidated retirement system is permitted to invest, subject to the requirements of other applicable law; provided, that investments by the trust are governed by the investment policies and guidelines adopted by the trustees of the trust in accordance with this part. The state treasurer is responsible for investment and reinvestment of trust funds in accordance with the policies and guidelines established by the trustees.
(e) The trust shall include funds appropriated for the purpose of funding the trust, matching funds contributed by public universities and the earnings on the funds. Matching funds contributed by public universities may include funds from private sources made on behalf of the respective universities. Appropriations made to the trust shall be divided equally between the general accounts of the University of Tennessee and the state universities listed in subdivision (c)(7)(A), unless otherwise directed by law. The general account for the state universities shall be a pooled account for all of the state universities listed in subdivision (c)(7)(A).
(f) The corpus of the trust shall not be expended for any purpose. Income from the trust shall be expended for the sole purpose of funding the chairs of excellence program; provided, that investment expenses may also be deducted from income of the trust. For purposes of this part, the corpus of the trust means the funds appropriated by the state for the purpose of funding the trust and the matching funds contributed by public universities and by private sources on behalf of the respective universities. Income from the trust means all earnings from the trust's investment portfolios from whatever source derived, including, but not limited to, interest, dividends, realized capital gains or losses and any income previously applied to the corpus of the trust. No funds may be expended for a chair until all requirements of § 49-7-502 have been met.
(g)
1. (1) The trust shall be divided into two (2) general accounts:
  1. (A) One (1) for the University of Tennessee; and
  2. (B) One (1) pooled account on behalf of the state universities listed in subdivision (c)(7)(A).
2. (2) Each general account shall be divided into subaccounts for each chair established under § 49-7-502.
3. (3) Corpus shall be allocated to each subaccount in an amount sufficient to fund the chair. All income on the corpus allocated shall be paid to the subaccount.
4. (4) Income on the remaining corpus in each general account that has not been allocated shall be maintained in a special reserve at the general account level.
5. (5) Income in excess of the required funding for a subaccount shall be maintained in a special reserve at the subaccount level.
6. (6) Regardless of the allocation of funds, all moneys in the trust fund may be commingled for investment with other trust funds and other funds subject to investment by the state treasurer.
(h) The trustees shall each serve in an ex officio capacity and the state treasurer shall serve as chair of the board. Each trustee may designate a member of their respective staff to attend the board's meetings and to exercise the trustee's right to vote in the trustee's absence. The designations must be made in writing to the board chair.

2 Backlinks

§ 49-7-502. Chairs of excellence program.

(a) The chairs of excellence program is created.
(b) Institutions eligible to participate in the program shall be limited to Tennessee's four-year public universities that grant baccalaureate degrees and the University of Tennessee Space Institute.
(c)
1. (1) It is the intent of the general assembly that all eligible institutions will receive at least one (1) chair of excellence.
2. (2) It is the intent of the general assembly that professors hired by the institutions under this program shall be persons of regional and, preferably, national eminence.
(d) In order for a chair to be established, the following criteria must be satisfied:
1. (1) Funds appropriated by the state must be matched on an equal basis by the institution with at least one-half (½) of the institution's funding from private sources;
2. (2) The chair must satisfy criteria established by either the governing board of the University of Tennessee or respective state university listed in § 49-7-501(c)(7)(A), whichever is appropriate;
3. (3) The institution must submit a proposal regarding the chair to the appropriate governing body; and
4. (4) The appropriate governing body must designate the chair.
(e) The Tennessee higher education commission shall have an advisory role with respect to the location of the chairs upon the recommendation of the governing boards of the University of Tennessee and respective state university listed in § 49-7-501(c)(7)(A).
(f) The education committee of the senate and the education administration committee of the house of representatives shall review the comments of the commission and the governing boards' decisions with respect to each chair. No funds shall be expended for the chairs of excellence authorized by this part until the governing boards have received the written comments of the education committee of the senate and the education administration committee of the house of representatives on each specific chair established. In submitting a specific chair for review, the commission and appropriate governing board shall:
1. (1) Estimate the annual funding required, by source, to support operation of the chair;
2. (2) Describe the general qualifications of individuals that the institution intends to recruit to fill the chair;
3. (3) Comment on how establishment of the chair will assist the institution in achieving that institution's mission; and
4. (4) Comment on the impact the establishment of the chair will have on any other institutional programs.
(g) As chairs are filled, each governing board shall submit a report to the education committee of the senate and the education administration committee of the house of representatives that includes the appointees’ general background, experience and qualifications.
(h) The commission shall submit an annual report to the education committee of the senate and the education administration committee of the house of representatives that addresses the general status of the chairs of excellence program, the impact that the chairs of excellence program has had on higher education institutions and programs and recommendations to enhance the effectiveness of the program.

2 Backlinks

§ 49-7-503. Modification of the purpose for which chair established.

(a) Should the purpose for which a chair established pursuant to this part become unlawful, impracticable, impossible to achieve or wasteful, the designated purpose for which the chair was created may be modified pursuant to this section. It is the legislative intent that in such situations, institutions strive to redesignate the field of study supported by a chair, such that income from the chair of excellence be used by the institution to retain professors of regional and, preferably, national eminence in a given field of study in furtherance of the original legislative intent. However, under extraordinary circumstances, the purpose for an existing chair may be redesignated to support a scholarship program, when it is shown that redesignating the field of study supported by a chair will not serve to promote the best interest of the institution. Factors considered in making such a determination may include the existence of extensive periods of time during which the chair remains unfilled or the fulfillment of the academic purpose for which the chair was created has become impractical or unachievable.
(b) In order for the purpose of a chair to be modified, the following criteria must be satisfied:
1. (1) The new purpose of the chair must satisfy criteria established by either the governing board of the University of Tennessee or respective state university listed in § 49-7-501(c)(7)(A) that has established the chair of excellence, whichever is appropriate;
2. (2) The institution must submit a proposal regarding the chair to the appropriate governing body and the Tennessee higher education commission. The proposal shall specify:
  1. (A) The factors supporting a conclusion that the purpose for which a chair established pursuant to this part has become unlawful, impracticable, impossible to achieve or wasteful;
  2. (B) The intended purpose for the redesignated use of income from the chair;
  3. (C) If possible, a statement from the donor of private funds shall be included that indicates support or opposition to the proposed change;
  4. (D) The institution's observations on how the proposed change will assist the institution in achieving that institution's mission; and
  5. (E) Any other information as the appropriate governing board may direct; and
3. (3) The appropriate governing body must agree to the modification in purpose of the chair; provided, that, if the proposal is to use chair income for scholarships, approval must be unanimous. The appropriate governing body shall not act on a proposal submitted pursuant to this part until the comments of the higher education commission have been received.
(c) No funds shall be expended for the proposed new purpose of a chair of excellence authorized by this section, unless the proposal is submitted to the education committee of the senate and the education administration committee of the house of representatives for review and recommendation and is approved by resolutions of the senate and the house of representatives; provided, however, that the approval shall be on the complete plan or revision and shall not be subject to amendment of the plan or revision. In submitting a specific chair for review by the general assembly and its committees, the appropriate governing board shall:
1. (1) Estimate the annual funding required, by source, to support operation of the chair or scholarship program;
2. (2) Describe the general qualifications of individuals that the institution intends to recruit to fill the chair or, if a scholarship program, provide a description of the program, including the purpose and qualifications that students must meet to be eligible for the scholarships;
3. (3) Comment on how establishment of the chair or scholarship program will assist the institution in achieving that institution's mission; and
4. (4) Comment on the impact the establishment of the chair or scholarship program will have on any other institutional programs.
(d) The corpus that was allocated to the chair shall not be expended for any purpose. Income from the corpus shall be expended for the sole purpose of funding the scholarship program created pursuant to subsection (b); provided, that investment expenses may be deducted from the income. The corpus and the income from the corpus shall remain, and be invested as, a part of the chairs of excellence endowment fund.
(e) The state treasurer is directed to modify the terms of the trust instrument to reflect this section. The modified terms shall be approved by the attorney general and reporter.

Part 6 Volunteer Trust Fund Act

§ 49-7-601. Short title.

This part shall be known and may be cited as the “Volunteer Trust Fund Act.”

§ 49-7-602. Legislative declaration.

The general assembly recognizes the importance of creating a legal mechanism to safeguard and protect valuable rights and privileges sought to be created and protected by the framers of our constitution. Through this part, the general assembly recognizes, as did our forefathers, that knowledge, learning and virtue are essential to the preservation of our institutions of government and the diffusion of the opportunities and advantages of education should be paramount in our concerns. To that end, the general assembly declares its support for the establishment and formation of a trust corporation to act as trustee of a charitable trust for higher education and for the encouragement and acceptance of voluntary contributions for the benefit of the state and its citizens. Through the mechanism established by this part, the inherent values so essential for the general welfare of our state will be preserved for future generations.

§ 49-7-603. Trust corporation — Formation.

(a)
1. (1) A trust corporation, which shall be chartered as a not-for-profit general welfare corporation under the laws of this state, may be formed for the sole purpose of administering and providing fiduciary services for a special educational trust created for higher education, thereby benefiting all the citizens of this state.
2. (2) The services performed by a trust corporation formed under this part are necessarily services not otherwise generally available for such purposes, and the commissioner of financial institutions shall exempt the corporation from any requirement of title 45, chapters 1 and 2 or the rules of the department of financial institutions that would threaten the viability of the corporation, including, but not limited to, capitalization requirements, fees and procedures that are not essential to the protection of the interests of the trust beneficiaries.
3. (3) The trust corporation shall file its charter with the secretary of state and shall also record its charter in the office of the register of deeds in the county in which its principal office is located. The trust corporation's existence shall continue until terminated by law.
4. (4) It is not the purpose of the corporation to engage in commercial banking activity or private fiduciary activity except to the limited extent of acting in a fiduciary capacity for a person who creates a trust for higher education and specifically designates a trust corporation formed under this part to serve in the capacity as trustee.
(b) In addition to the general duties and powers of corporations formed under the laws of this state, a trust corporation formed under this part is authorized to:
1. (1) Accept funds from any person, association or corporation wishing to contribute voluntarily to the trust for higher education under which it is serving as trustee;
2. (2) Accept gifts of land for the benefit of the trust;
3. (3) Enter into contracts, trust agreements and other fiduciary instruments;
4. (4) Adopt, use and display a corporate seal;
5. (5) Adopt and amend bylaws, rules and regulations for carrying out the purpose of this part;
6. (6) Manage and invest money and other property for the benefit of the trust;
7. (7) Act in a fiduciary capacity for a person creating a trust for higher education who specifically designates the trust corporation to act as trustee; and
8. (8) Have the powers that are necessary and convenient to carry out the purpose for which the trust corporation is organized, including, but not limited to, any necessary and appropriate actions to associate with or participate in transactions through the federal reserve system.
(c) As the trust corporation is formed for a valid public purpose and will exercise its powers for the benefit of the state, the trust corporation, and its capital stock, and all properties at any time owned or held by it in a fiduciary capacity, and the income therefrom, shall be exempt from taxation by the state or any local unit, subdivision or instrumentality of the state.
(d) Any capital stock of the trust corporation shall be held by the members of the board of directors and their successors in office, by virtue of their incumbency in such offices.

§ 49-7-604. Trust corporation — Board of directors.

(a) The trust corporation shall have a board of directors as provided in the document that creates the trust to be administered by the corporation. The board shall also serve as trustees of the trust. The board of directors and their successors shall be appointed in the manner provided in the document.
(b) The trust document shall also provide for the administration and maintenance of the trust funds and the manner in which funds shall be received and invested by the board acting as trustees for the trust, as well as the manner in which donations of real property may be made to the trust.
(c) Unless the trust document otherwise provides, investments of the trust funds shall be essentially the same as those authorized for the investment of trust funds in accordance with title 35, chapter 3.

§ 49-7-605. Charitable trust — Disposition of funds.

(a) Any trust for higher education created to be administered by a trust corporation formed under this part shall be a charitable trust for the general welfare of the citizens of this state. No funds shall be available for distribution from the trust until two hundred (200) years from the date the trust is created. All contributions to the trust shall be considered as principal and until the two hundredth year from the formation of the trust, all interest accruing on the principal amount shall be added to the trust funds and be considered as principal. After the two hundredth year from the formation of the trust, interest income from the trust fund will be available for disbursement for higher education pursuant to the plan required by the trust document creating the trust. The board of directors of the trust corporation shall establish guidelines for disbursement that are not inconsistent with this part or the trust document under which it operates as trustee for the trust.
(b) Income from the investment of the trust for higher education shall be expended solely in accordance with this part and the respective trust agreement, except that reasonable expenses for administration of the trust may be deducted from the income.

§ 49-7-606. Contributions and gifts to fund.

(a) Any person, association or corporation may make contributions to the trust corporation for the benefit of the trust pursuant to this part, and the trust corporation is authorized to accept funds and deposit the funds in the trust for higher education.
(b) In addition, the trust corporation is authorized to accept gifts of land for the benefit of the trust. Gifts of land shall be made in the name of the trust corporation with appropriate language of limitation.

Part 7 Promotion of Leadership in Agricultural and Home Economic Programs

§ 49-7-701. Special endowment trust fund — Contributions — Interest — Disposition of funds.

(a) There is created within the general fund a special endowment trust fund earmarked for the sole purpose of generating revenue to provide funds to promote leadership in agricultural and home economic programs in institutions of higher education.
(b) Any person, association, corporation or governmental entity may make contributions to the special endowment trust fund, and the treasurer is authorized to accept all gifts, grants or funds specifically appropriated for that purpose, and shall deposit such amounts in the special endowment trust fund. Funds in the special fund shall be consolidated with state funds under the control of the treasurer in the same manner and as provided in § 9-4-704.
(c) Except as provided in subsection (b), for administrative expenses, interest earned from funds deposited in the special fund shall be used for the purposes provided in subsection (a).
(d) The state treasurer has the authority to promulgate necessary and appropriate rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to include, but not be limited to, guidelines relative to the manner in which deposits shall be accepted for and made to the special fund, and the manner in which applicable amounts will be distributed according to appropriate regulations promulgated pursuant to [former] § 49-7-702.

Part 8 The Tennessee College Savings Trust Act

§ 49-7-801. Short title.

This part shall be known and may be cited as the “Tennessee College Savings Trust Act.”

§ 49-7-802. Part definitions.

As used in this part, unless the context otherwise requires:
1. (1) “Account owner” means an individual, association, corporation, trust, charitable organization, or other such entity that establishes an educational investment trust account pursuant to this part or that is otherwise listed as the owner of an education investment trust account;
2. (2) “Beneficiary,” for the purposes of the educational investment plan, means an individual designated by the account owner and who meets the requirements of the code. For the purposes of the educational services plan, “beneficiary” means an individual designated under a tuition contract as the individual entitled to apply tuition units purchased under the contract to the payment of that individual's undergraduate, graduate and professional tuition, and other educational costs. For purposes of the educational services plan, the beneficiary or the purchaser shall have been a resident of this state at the time the contract was entered into by the purchaser and the board;
3. (3) “Board” means the board of trustees of the college savings trust fund program described in this part;
4. (4) “Code” means § 529 of the Internal Revenue Code of 1986 (26 U.S.C. § 529), as amended and all rules, regulations, notices and interpretations released by the United States treasury, including the internal revenue service;
5. (5) “Contributor” means one (1) or more individuals, associations, corporations, trusts, charitable organizations, or other such entities that contributes money or makes a payment to an educational investment trust account established pursuant to this part;
6. (6) “Educational investment plan” means a plan that permits an account owner to establish an educational investment trust account and one (1) or more contributors to make contributions to an educational investment trust account that is intended to be applied to an account beneficiary's qualified higher education expenses;
7. (7) “Educational investment trust account” means an account that is established by an account owner intended to be applied to an account beneficiary's qualified higher education expenses;
8. (8) “Educational services plan” means a plan that permits individuals, associations, corporations, trusts or other organized entities to purchase a tuition unit or units under a tuition contract entered into between a purchaser and the board on behalf of a designated beneficiary that entitles the beneficiary to apply such units to the payment of that beneficiary's undergraduate, graduate and professional tuition, and other educational costs;
9. (9) “Eligible educational institution” shall have the same meaning as set forth in § 529 of the Internal Revenue Code of 1986, and the rules promulgated thereunder, or other applicable federal law;
10. (10) “Other educational costs” mean such other fees or expenses as may be determined by the board; provided, that the fees or expenses are included in the definition of qualified higher education expenses under the sections of the Internal Revenue Code that are applicable to the program;
11. (11) “Program” means the college savings trust fund program created in this part. The program may be comprised of two (2) types of qualified tuition plans as defined by the code, including one (1) or more educational investment plan or plans, which may consist of several different investment offerings or one (1) or more educational services plan or plans. Except as otherwise provided, all terms, conditions and limitations shall apply equally to both types of qualified tuition plans;
12. (12) “Purchaser” means an individual, association, corporation, trust, charitable organization or other such entity that enters into a tuition contract under this part for the purchase of a tuition unit or units on behalf of a beneficiary relative to the educational services plan;
13. (13) “Qualified higher education expenses” shall have the same meaning as set forth in § 529 of the Internal Revenue Code of 1986, and the rules promulgated thereunder, or other applicable federal law;
14. (14) “Redemption value” means the cash value of the educational investment trust account attributable to the sum of the principal invested, the interest earned or losses incurred in the principal, less any fees imposed by rule of the board;
15. (15) “Refund recipient” means the person designated in a tuition contract by the purchaser as the person entitled to terminate the tuition contract and to receive refunds arising out of the contract pursuant to § 49-7-811;
16. (16) “State institution of higher education” means the colleges, universities, or branches or units of colleges or universities under the control and direction of either the board of trustees of the University of Tennessee or the board of regents of the state university and community college system;
17. (17) “Trust fund” means the educational investment trust fund or the educational services trust fund established pursuant to § 49-7-812;
18. (18) “Tuition” means the charges imposed to attend an institution of higher education as an undergraduate, graduate or professional student and all fees required as a condition of enrollment as determined by the board. “Tuition” does not include fees charged to out-of-state residents by institutions of higher education, laboratory fees, room and board or other similar fees and charges;
19. (19) “Tuition contract” means a contract entered into under this part by the board and a purchaser to provide for the payment of tuition and other educational costs, through either the educational savings plan or the educational services plan;
20. (20) “Tuition unit” means a unit of the educational services plan purchased under § 49-7-807 on behalf of a beneficiary; and
21. (21) “Weighted average tuition” means the tuition cost resulting from the following calculation:
  1. (A) Add the products of the annual undergraduate tuition at each Tennessee four-year public university multiplied by that institution's total number of undergraduate full-time equivalent students; and
  2. (B) Divide the gross total of the products from subdivision (21)(A) by the total number of undergraduate full-time equivalent students attending Tennessee's four-year public universities.

1 Backlink

39-13-902(a)(1)

§ 49-7-803. Purpose.

The Constitution of Tennessee, Article XI, § 12 manifests the intention of the citizens of this state that the advancement and improvement of higher education in this state is an essential governmental function and purpose of this state. Therefore, the general assembly finds that the creation of a trust program, as an agency and instrumentality of the state, to assist students or their families in financing a portion of the costs of attending colleges and universities will increase the number of students who will seek to attend a college or university, and will, therefore, advance and improve higher education in this state. It is, therefore, the legislative intent of this part to establish an educational trust program as an agency and instrumentality of the state to assist families in saving and investing for the qualified higher education expenses of attending an eligible educational institution, and thereby to encourage such students to attend such institutions. In establishing the program, it is further the intent of the general assembly to encourage timely financial planning for higher education by the creation of tuition contracts and the creation of educational investment plan accounts, and to provide assistance and incentives for college savings for the benefit of the children of the people of the state. It is the legislative intent that the program be funded from fees assessed in accordance with § 49-7-805(10).

§ 49-7-804. Board of trustees — Creation — Members.

(a) There is created a board of trustees of the program composed of the following nine (9) members:
1. (1) The state treasurer;
2. (2) The comptroller of the treasury;
3. (3) The commissioner of finance and administration;
4. (4) The secretary of state;
5. (5) The chancellor of the state board of regents;
6. (6) The president of the University of Tennessee system;
7. (7) The executive director of the Tennessee higher education commission;
8. (8) The president of the Tennessee Independent Colleges and Universities Association; and
9. (9)
  1. (A) The president of one (1) of the following state universities:
    1. (i) Austin Peay State University;
    2. (ii) East Tennessee State University;
    3. (iii) Middle Tennessee State University;
    4. (iv) Tennessee State University;
    5. (v) Tennessee Technological University; or
    6. (vi) The University of Memphis.
  2. (B) Each state university president listed in subdivisions (a)(9)(A)(i)-(vi) must serve a three-year term, in alphabetical order by state university, starting with the president of Austin Peay State University with a term beginning on July 1, 2017, and ending on June 30, 2020.
(b) The trustees shall each serve in an ex officio capacity, and the state treasurer shall serve as chair of the board. Each trustee may designate members of their respective staffs to attend the board of trustee meetings and to exercise the trustee's right to vote in the trustee's absence. The designations must be made in writing to the board chair.
(c) Members of the board shall serve without compensation but shall receive reasonable reimbursement for actual and necessary travel expenses in accordance with the travel regulations promulgated by the department of finance and administration and approved by the attorney general and reporter.
(d) A majority of the members of the board serving shall constitute a quorum for the transaction of business at a meeting of the board. Voting upon action taken by the board shall be conducted by a majority vote of the members present at the meeting of the board. The board shall meet at the call of the chair and as may be otherwise provided in any rules or regulations promulgated by the board pursuant to § 49-7-805(16). Meetings of the board may be held anywhere within the state.
(e) The business of the board shall be conducted at meetings of the board held in compliance with title 8, chapter 44. Except as provided in § 49-7-825, all records of the board shall be made available to the public in compliance with title 10, chapter 7.
(f) The board is attached to the department of the treasury, as a division of the department of the treasury, for all administrative purposes.
(g) The board may delegate to the state treasurer the duty to carry out the day-to-day operations and responsibilities of the program. In exercising the delegation, the state treasurer shall be authorized to exercise such powers as are vested in the board that are necessary to fulfill the delegated duties and responsibilities; may assign any duties and responsibilities to the state treasurer's staff or private vendors and contractors, as the state treasurer deems necessary and proper; and may consult with professionals as necessary about the administration of the program. The state treasurer may also establish policies, guidelines and operating procedures in exercising the state treasurer's delegation from the board.

1 Backlink

4-29-250(a)(2)

§ 49-7-805. Board of trustees — Powers and duties.

In addition to the powers granted by any other provisions of this part, the board shall have, as agents of this state, the powers necessary or convenient to carry out the purposes and provisions of this part, the purposes and objectives of the program and the powers delegated by any other law of this state including, but not limited to, the following express powers:
1. (1) Invest any funds of the trust fund in any instrument, obligation, security or property that constitutes legal investments for assets of the Tennessee consolidated retirement system as described in § 8-37-104, and as may otherwise be provided herein or approved by the board;
  1 Backlink
  - 49-7-814(b)
2. (2) Purchase insurance from insurers licensed to do business in this state providing for coverage against any loss in connection with the program's property, assets or activities or to further ensure the value of tuition units and educational savings accounts;
3. (3) Make, execute and deliver contracts, conveyances and other instruments necessary to the exercise and discharge of the powers and duties of the board;
4. (4) Contract for the provision of all or any part of the services necessary for the management and operation of the program. The board may also contract with any other college savings program established pursuant to § 529 of the Internal Revenue Code (26 U.S.C. § 529), in order to provide similar benefits for Tennessee residents. The board may further establish, or contract for the establishment of, an incentive plan or plans to encourage Tennessee residents to participate in any such other college savings program or in any § 529 college savings program established by the state. The board may delegate to the state treasurer the authority to implement such incentives; such implementation shall include, but not be limited to determining the amount of the incentives not to exceed an amount approved by the board, the length of time the incentives shall be available and the method by which the incentives shall be provided. Through the board's delegation, the state treasurer may establish and administer a plan to implement the incentives which the state treasurer may change from time to time without additional board authorization. The incentive plan or plans may consist, in whole or in part, of rebates, grants, scholarships or tax incentives to individual savings accounts established by or on behalf of Tennessee residents in any such college savings program and tax incentives, including but not limited to, the income tax prescribed in § 67-2-102; the professional privilege tax prescribed in § 67-4-1702; the passenger motor vehicle registration renewal fee prescribed in title 55, chapter 4 or wheel tax prescribed in § 7-51-703, for Tennessee residents who establish individual savings accounts in any such college savings program. The board may approve the expenditure of such funds, or funds using other services or programs deemed necessary or appropriate by the board to encourage college savings by Tennessee residents within its approved annual budget. The state treasurer is authorized, but not required, to use forms of electronic payment, including, but not limited to, prepaid debit cards to provide such incentives. Notwithstanding this subdivision (4) or any other law to the contrary, the availability of the amount of the incentive or the cost to cover any other services or programs authorized by this subdivision (4) if intended to be funded by state funds shall be subject to the appropriation of funds in the general appropriations act for the purposes set forth in this subdivision (4) or from any amount collected by the board under subdivision (7);
  5 Backlinks
5. (5) Contract with financial consultants, actuaries, auditors, investment managers and other consultants and professionals as necessary to carry out its responsibilities under this part. These services may be procured in the manner prescribed by the board without regard to the requirements of former § 12-4-109 [See the Compiler's Notes], if the board determines that the services are necessary or desirable for the efficient administration of the board programs. All expenses and fees incidental to securing these services shall be charged to and paid from earnings derived from the trust funds;
6. (6) Promote, advertise and publicize the program;
7. (7) Solicit and accept monetary gifts, including monetary gifts made by will, trust or other disposition, grants, loans and other monetary aids from any personal source or to participate in any other way in any federal, state or local governmental programs in carrying out the purposes of this part;
8. (8) Impose reasonable requirements on the eligibility of individuals to be designated as beneficiaries of tuition contracts, including, but not limited to, residency and age requirements;
9. (9) Impose reasonable limits on the number of contract participants in the educational services program at any given period of time;
10. (10) Impose and collect application fees and other administrative fees and charges in connection with any transaction under this part;
  1 Backlink
  - 49-7-803
11. (11) Impose limits on the number of tuition units that may be purchased on behalf of any beneficiary under the educational services plan;
12. (12) Impose limits on the amount of contributions that may be made on behalf of any beneficiary under the educational investment plan or plans;
13. (13) Impose restrictions on the substitution of another individual for the original beneficiary;
14. (14) Define the terms and conditions under which payments may be withdrawn from the program and impose reasonable charges for withdrawal;
15. (15) Impose reasonable time limits on the use of the tuition benefits provided by the program;
16. (16) Promulgate reasonable substantive and procedural rules as are necessary to carry out the purpose and intent of this part and to ensure that the program is in compliance with the code and other applicable provisions of federal and state law. All such rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5;
  3 Backlinks
17. (17) Enter into agreements with any public or private employer under which an employee may agree to have a designated amount deducted in each payroll period from the wages or salary due the employee for the purpose of purchasing tuition units pursuant to a tuition contract or for the purpose of making contributions to a savings account established pursuant to a tuition contract. The agreement shall be subject to the approval of the board and in conformity with such terms and conditions as determined by the board. In the event the agreement is approved by the board, the employer shall be responsible for submitting to the board such information and causing to be performed in respect to its employees such duties as prescribed by the board in order to carry out the purchase of tuition units or the making of contributions by payroll deduction. All costs and expenses incidental to implementing and administering a payroll deduction program shall be borne by the respective employer; and
18. (18) Operate and provide, itself or through its designees, for the operation of the educational investment plan or plans in a manner that qualifies the plan or plans under the code and takes any and all necessary action to maintain such qualification; provided, that the account owner's rights to fund the respective accounts shall not be limited or impaired.

1 Backlink

49-7-806

§ 49-7-806. Tuition contracts.

The board may enter into a tuition contract with a purchaser for the purchase of tuition units on behalf of a beneficiary through the educational services plan or for the creation and deposit of contributions to a savings account through the educational savings plan, or both; provided, that the total amount of contributions made to both plans on behalf of a single designated beneficiary does not exceed any limits imposed by the board pursuant to § 49-7-805.

§ 49-7-807. Educational services plan tuition contract.

(a) An educational services plan tuition contract entered into between the board and a purchaser shall allow the purchaser to purchase tuition units on behalf of a beneficiary at the price determined by the board pursuant to subsection (c) for the year in which the tuition unit is purchased. Each tuition unit purchased on behalf of a beneficiary shall entitle the beneficiary to an amount equal to one percent (1%) of the weighted average tuition during the academic term in which it is used. Each tuition unit shall cover the cost of the beneficiary's tuition in an amount no greater than one percent (1%) of the weighted average tuition in effect at Tennessee's four-year public universities at the time of use.
2 Backlinks
- 49-7-809(a)(7)
- 49-7-812(c)(1)
(b) “Weighted average tuition” means the tuition cost resulting from the following calculation:
1. (1) Add the products of the annual undergraduate tuition at each Tennessee four-year public university multiplied by that institution's total number of undergraduate full-time equivalent students; and
2. (2) Divide the gross total of the products from subdivision (b)(1) by the total number of undergraduate full-time equivalent students attending Tennessee's four-year public universities.
(c) The board shall develop a plan for the sale of tuition units. The board shall determine annually the weighted average tuition of Tennessee's four-year public universities in the academic year that begins on or after August 1 of the then current calendar year, and shall establish the price of a tuition unit in the ensuing sales period. The price shall be based on sound actuarial principles, and shall, to the extent actuarially possible, reasonably approximate one percent (1%) of the weighted average tuition for the academic year, plus the costs of administering the educational services plan and any amount necessary to ensure the plan remains actuarially sound. The sales period to which the price applies shall consist of twelve (12) months, and the board shall establish the date on which the sales period begins. The board may impose and collect additional administrative fees and charges in connection with the sale of tuition units. To promote the purchase of tuition units and in accordance with actuarially sound principles, the board may adjust the sales price as part of incentive programs.

1 Backlink

49-7-802(20)

§ 49-7-808. Educational investment plan.

(a) An educational investment plan is established whereby an account owner may participate to create an account in such plan and shall allow any contributor to make contributions to such an account intending for such contributions and any earnings thereon to be applied toward the qualified higher education expenses of a beneficiary.
2 Backlinks
- 49-7-809(a)(7)
- 49-7-812(c)(1)
(b) The account owner retains ownership of all amounts on deposit in such account unless otherwise provided herein. Earnings accrued to the account shall be considered to be held in trust in the same manner as contributions. Amounts on deposit therein shall be available for expenses and penalties imposed by the plan. An educational investment trust account created on behalf of a beneficiary under this part shall entitle the beneficiary to an amount equal to the funds on deposit in the account during the academic term in which the funds are needed to cover the beneficiary's tuition and other qualified higher education expenses at the eligible educational institution at which the beneficiary is enrolled, not to exceed the redemption value of the account.
(c) The board may develop one (1) or more plans for offering educational investment trust accounts. The plans shall include, but shall not be limited to, the investment vehicles for investing the contributions made to such accounts. The board may cause the imposition and collection of reasonable administrative fees and charges in connection with the creation and maintenance of such educational investment trust accounts.
(d) The funds from the small and minority-owned business assistance program that are transferred to the board pursuant to § 65-5-113(c) shall be used for the administration and marketing of the program, including, but not limited to, the establishment, marketing, and administration of an incentive plan or plans for the benefit of low-income individuals as authorized in § 49-7-805(4). The board shall have the authority to promulgate rules relative to the implementation and administration of the incentive plan or plans. The state treasurer shall be responsible for the day-to-day administration of such incentive plan or plans as established by the board.

2 Backlinks

§ 49-7-809. Tuition contract terms, limitations and disclosures.

(a) The following information shall be disclosed in writing to each purchaser of a tuition contract:
1. (1) The terms and conditions for purchasing tuition units if the contract involves the educational services plan, or the terms and conditions for the making of contributions if the contract involves the educational savings plan;
2. (2) The name and date of birth of the beneficiary of the contract, and the terms and conditions under which another person may be substituted as the beneficiary;
3. (3) The name of the refund recipient;
4. (4) The terms and conditions under which the contract may be terminated by the refund recipient and the amount of the refund, if any, to which the refund recipient is entitled upon termination;
5. (5) The method by which tuition benefits under the program shall be applied toward payment of tuition and other educational costs;
6. (6) The period of time during which the beneficiary must claim benefits through the program;
7. (7) If the contract involves the educational services plan, the obligation of the board to make payments on behalf of a beneficiary under § 49-7-807(a) based upon the number of tuition units purchased on behalf of the beneficiary, or if the contract involves the educational savings plan, the obligation of the board to make payments on behalf of a beneficiary under § 49-7-808(a) based upon the redemption value accrued on behalf of the beneficiary;
8. (8) The terms and conditions under which money may be wholly or partially withdrawn from the program, including, but not limited to, any reasonable charges and fees that may be imposed for withdrawal;
9. (9) The obligation of the board to pay directly to the institution of higher education in which the beneficiary is enrolled the tuition benefits being used that term for tuition and other educational costs; and
10. (10) Other terms, conditions and provisions the board considers, in its sole discretion, to be necessary or appropriate.
(b) Notwithstanding any other law to the contrary, the board may provide in a tuition contract that the tuition benefits being used for the payment of tuition and other educational costs be paid directly to the beneficiary or to the entity to whom the charges are owed; provided, that the direct payments are authorized under the sections of the Internal Revenue Code that are applicable to the program.

§ 49-7-810. No promise or guarantee of admission, attendance or graduation — Costs covered.

(a) Nothing in this part nor in a tuition contract entered into pursuant to this part shall be construed as a promise or guarantee by the state, the board or any institution of higher education that a beneficiary will:
1. (1) Be admitted to an institution of higher education or to a particular institution of higher education;
2. (2) Be allowed to continue to attend an institution of higher education after having been admitted; or
3. (3) Graduate from an institution of higher education.
(b) Each tuition unit purchased under an educational services plan tuition contract shall cover the cost of the beneficiary's tuition in an amount no greater than one percent (1%) of the weighted average tuition in effect at Tennessee's four-year public universities at the time of use. There is no guarantee by the board, the state, the program or anyone that the contributions, together with the investment return on the contributions, if any, earned on the educational investment trust account will be adequate to pay qualified higher education expenses incurred for the beneficiary or that the amounts contributed to any such account is guaranteed or insured.

§ 49-7-811. Contract termination or refund.

(a)
1. (1) A tuition contract may be terminated by the refund recipient under any of the following conditions upon written request of the refund recipient to the board:
  1. (A) The death or permanent disability of the beneficiary;
  2. (B) The beneficiary is eighteen (18) years of age or older and has decided not to attend an institution of higher education;
  3. (C) The beneficiary has completed the requirements for a degree that is less than a bachelor's degree at an institution of higher education and the beneficiary does not plan to pursue further education; or
  4. (D) The beneficiary has completed the bachelor's degree requirements at an institution of higher education.
2. (2) A tuition contract may also be terminated upon the occurrence of other circumstances determined by the board to be grounds for termination.
(b) The board shall determine the amount of the refund to which the refund recipient is entitled upon a contract termination.
(c) The board shall further determine the method and schedule for payment of refunds upon termination of a tuition contract.
(d) If a beneficiary is the recipient of a scholarship, a waiver of tuition or similar subvention that the board determines cannot be converted into money by the beneficiary, the board shall, upon the request of the refund recipient and upon being furnished information about the scholarship, waiver or similar subvention:
1. (1)
  1. (A) Refund to the refund recipient an amount equal to the value of the tuition benefits in the beneficiary's account that are not needed to cover tuition or other educational costs on account of the scholarship, waiver or similar subvention and that would have otherwise been paid during that academic term at the institution of higher education where the beneficiary is enrolled. The board may, at its sole option, designate the institution of higher education at which the beneficiary is enrolled as the agent of the board for purposes of refunds pursuant to this subdivision (d)(1)(A);
  2. (B) If the scholarship, waiver of tuition or similar subvention has a duration that extends beyond one (1) academic term, the refund recipient may request a refund in advance of the scholarship payment. The amount of the refund payable to the refund recipient shall equal the value of the tuition benefits in the beneficiary's account that are not needed to cover tuition or other educational costs on account of the scholarship, waiver or similar subvention. The refund provided by this subdivision (d)(1)(B) shall be determined without regard to any time limits on the use of tuition benefits;
2. (2) Retain the tuition benefits in the beneficiary's account for later use;
3. (3) Transfer the tuition benefits to another qualified tuition plan or program for the benefit of the beneficiary pursuant to rules and regulations promulgated by the board pursuant to § 49-7-805(16); or
4. (4) Transfer the tuition benefits to a new beneficiary pursuant to rules or regulations promulgated by the board pursuant to § 49-7-805(16).
(e) If, in any academic term for which tuition benefits under the program have been used to pay all or part of a beneficiary's tuition or other educational costs, the beneficiary withdraws from the institution of higher education at which the beneficiary is enrolled prior to the end of the academic term, a pro rata share of any refund of tuition or other educational costs as a result of the withdrawal equal to that portion of the tuition or costs paid with tuition benefits under the program shall be made to the board, unless the board designates a different procedure. The board shall credit any refund received, less any reasonable charges and fees provided for by the board, to the appropriate account established pursuant to § 49-7-812(b).
(f) If, after a specified period of time, the contract has not been terminated nor the beneficiary's rights exercised, the board may terminate the contract and report the refund amount to the state treasurer pursuant to title 66, chapter 29, part 1. The refund amount shall be determined by the board pursuant to subsection (b). Prior to termination, the board shall make a reasonable effort to contact the purchaser, the beneficiary and any person designated in the contract to act on behalf of the purchaser or the beneficiary.
(g) Unless otherwise provided for in the contract, a tuition contract entered into under this part through the educational savings plan may be terminated by the refund recipient for any reason upon written request of the refund recipient to the board. Termination shall occur no earlier than a maturity period as set by the board after the first contribution is made to the account. The board shall determine the refund amount and the method and schedule for payment of the refund.
(h) Notwithstanding any law to the contrary, the board may promulgate substantive and procedural rules to permit a refund recipient to withdraw part of the balance from an educational investment account established under the educational investment plan without causing termination of the tuition contract and without requiring the refund recipient to establish that the withdrawn amount will be used to pay the tuition or other educational costs of the beneficiary.

2 Backlinks

§ 49-7-812. Creation of the Tennessee college savings trust funds.

(a) There are created two (2) Tennessee college savings trust funds, the educational investment trust fund and the educational services trust fund. The board, or if designated by the board, the state treasurer shall serve as trustee. These funds shall be held and maintained as separate accounts as provided in subdivisions (a)(1) and (2):
1. (1) The educational investment trust fund shall consist solely of:
  1. (A) Contributions received by the board from account owners or contributors on behalf of beneficiaries for a particular educational investment trust account or from any other source public or private;
  2. (B) All interest and investment income earned by such fund;
  3. (C) Any monetary gift of any nature made by any individual by testamentary disposition, including, but not limited to, any specific monetary gift or bequeath made by will, trust or other disposition; and
  4. (D) All other receipts of the board from any other source that the board determines appropriate;
  1 Backlink
  - 49-7-814(b)
2. (2) The educational services trust fund shall consist solely of:
  1. (A) Payments received by the board from purchasers on behalf of beneficiaries pursuant to educational services plan contracts or from any other source, public or private;
  2. (B) All interest and investment income earned by the fund;
  3. (C) Any monetary gift of any nature made by any individual by testamentary disposition, including, but not limited to, any specific monetary gift or bequeath made by will, trust or other disposition; and
  4. (D) All other receipts of the board from any other source that the board determines appropriate.
(b) The board shall maintain an account for each tuition contract showing the beneficiary of that educational services plan contract. The account shall also show the number of tuition units purchased pursuant to that contract if the contract involves the educational services plan.
1 Backlink
- 49-7-811(e)
(c) The assets of the educational services trust fund shall be preserved, invested and expended solely pursuant to and for the purposes of this part and shall not be loaned or otherwise transferred or used for any other purpose. The assets of the funds shall be expended solely to:
1. (1) Make payments to, or on behalf of, beneficiaries pursuant to §§ 49-7-807(a) and 49-7-808(a);
2. (2) Make refunds as provided in § 49-7-811; and
3. (3) Pay the investment fees and other costs of administering the funds.
(d) The amounts on deposit in the program shall not constitute property of the state. The assets of each of the educational investment trust fund and the educational services trust fund shall be preserved, invested and expended pursuant to and for the purposes set forth in this part, and the trust funds' moneys shall be held in trust for account owners, beneficiaries and purchasers, as applicable. Neither trust fund shall be construed to be a department, institution or agency of the state. Amounts on deposit in such trust funds shall not be commingled with state funds and the state shall have no claim to or against, or interest in, such funds. Any agreement entered into by or any obligation of such trust funds shall not constitute a debt or obligation of the state and the state shall have no obligation to any account owner, purchaser, contributor, beneficiary or any other person on account of such trusts and all amounts obligated to be paid from the trust funds shall be limited to amounts available for such obligation on deposit in such trusts. The amounts on deposit in any trust fund account may only be disbursed at the direction of the purchaser or account owner or otherwise in accordance with § 49-7-808. A trust fund shall continue in existence as long as they hold any contributions or has any obligations and until its existence is terminated by law, and upon termination any unclaimed assets shall return to the state.
(e) All revenues collected by the program shall not revert to the general fund but shall remain in the program and shall be used to fund the program or the Tennessee financial literacy commission, compiled in chapter 6, part 17 of this title.

1 Backlink

49-7-802(17)

§ 49-7-813. Custodian of funds — Disbursements.

The state treasurer shall be the custodian of the trust funds, and the facilities and employees of the state treasurer shall be used and employed in the administration of the funds, including, but not limited to, the keeping of records, the management of bank accounts and other investments, the transfer of funds and the safekeeping of securities evidencing investments and may delegate or subcontract any or all such functions to any entity that the state treasurer deems qualified for such purpose when the state treasurer determines such delegation to be necessary or desirable.

§ 49-7-814. Investments.

(a) The board shall establish an investment policy for each trust fund. The board may authorize assets of the trust funds to be invested in any instrument, obligation, security or property that constitutes legal investments for assets of the Tennessee consolidated retirement system, or any other investment deemed appropriate by the board. The board may authorize assets of the funds for the educational services program to be pooled for investment purposes with the assets of the Tennessee consolidated retirement system or any other assets under the custody of the state treasurer.
(b) In conjunction with § 49-7-805(1) and subsection (a), the board shall cause the amounts on deposit in the educational investment program trust established under § 49-7-812(a)(1) to be invested in any instrument or investment vehicle that the board deems reasonable and appropriate to achieve the objectives of the trust, exercising the discretion and care of a prudent person in similar circumstances with similar objectives. The board shall not require the trust to invest directly in obligations of the state or any political subdivision of the state or in any investment or other fund administered by the state treasurer or any other state entity. The assets of the trust shall be continuously invested and reinvested in a manner consistent with the objectives of the trust until disbursed for qualified higher education expenses, expended on expenses incurred by the operations of such trust or distributed to the account owner in accordance with the participation agreement.

1 Backlink

49-7-815

§ 49-7-815. Powers of funds' trustees.

Subject to the limitations in § 49-7-814, the board, or its nominee, has full power to hold, purchase, sell, assign, transfer or dispose of any of the securities or investments in which the assets of the funds have been invested, as well as of the proceeds of the investments and any moneys belonging to the funds.

§ 49-7-816. Transaction of business — Nominees.

All of the board's business shall be transacted, all of its funds invested, all warrants for money drawn, any payments made and all of its cash and securities and other property shall be held:
1. (1) In the name of the board;
2. (2) In the name of its nominee; provided, that the nominee is authorized by board resolution solely for the purpose of facilitating the transfer of securities and restricted to members of the board, or a partnership composed of any such members; or
3. (3) For the account of the board or its nominee in such forms as are standard in the investment community for the timely transaction of business or ownership identification, such as book entry accounts.

§ 49-7-817. Personal interest in investments prohibited.

Except as otherwise provided, no board member nor employee of the board shall have any personal interest in the gains or profits of any investment made by the board; nor shall any board member or employee of the board, directly or indirectly, for the member or employee or as an agent, in any manner for the member or employee or as an agent, in any manner use the gains or profits except to make the current and necessary payments authorized by the board; nor shall any member or employee of the board become an endorser or surety, or in any manner an obligor, for money loaned to or borrowed from the board.

§ 49-7-818. Delegation to state treasurer for implementation of policies.

(a) Implementation of the policies established by the board may be delegated by the board to the state treasurer who shall put the policies into effect.
(b) Subject to the delegation of the board, the state treasurer shall have full power to invest and reinvest the assets of the trust funds.

§ 49-7-819. Authorization to contract for investment management services.

(a) Notwithstanding any other law to the contrary, the board may, at its option, contract for investment management services for the assets of either or both of the trust funds and provide for the powers, duties, functions and compensation of any investment managers so engaged. Any contract for investment management services shall be procured in the manner prescribed by the board.
(b) All expenses and fees incidental to outside investment management may, at the board's sole discretion, be charged to and paid from the earnings of the respective fund.

§ 49-7-820. Actuarial soundness of funds.

(a) The board shall obtain appropriate actuarial assistance to establish, and maintain, and certify a fund sufficient to defray the obligation of the educational services plan. The actuary shall recommend to the board, and the board shall adopt, actuarial assumptions and appropriate actuarial tables for use in all calculations in connection with such plan.
(b) At least once in each six-year period, the actuary shall make an actuarial investigation into the assumptions and tables used in the educational services plan, and taking into account the results of the investigation, the board shall adopt for the plan the actuarial assumptions and tables that are deemed necessary.
(c) The board of trustees shall keep in convenient form data necessary for actuarial valuation of the fund and for checking the experience of such plan.
(d) On the basis of the tables and assumptions the board of trustees adopts, the actuary shall make a valuation, at least once a year, of the assets and liabilities of the educational services program trust funds.

§ 49-7-821. Cooperation from other state agencies.

The board may call upon other departments and agencies of this state for assistance in carrying out the purpose and intent of this part, including, but not limited to, the office of vital records. Notwithstanding any other law to the contrary, the office of vital records shall provide to the board, without charge, vital records information.

§ 49-7-822. Exemption of assets and benefits from taxation, execution, garnishment and assignment.

Notwithstanding any law to the contrary, all assets, income and distributions of qualified tuition plans as defined by the code authorized by federal law, this part, part 9 of this chapter or by the laws of another state are exempt from any state, county or municipal tax and shall not be subject to execution, attachment, garnishment, the operation of bankruptcy, the insolvency laws or other process whatsoever, nor shall any assignment thereof be enforceable in any court. This exemption shall include, but is not limited to, qualified tuition plans defined in § 529 of the Internal Revenue Code (26 U.S.C. § 529), accounts properly designated as education savings accounts, education IRAs or future tuition payment plans, however described, and shall include any properly authorized payments made to or by such funds.

§ 49-7-823. Suspension or termination of plans.

If the board determines that any of the educational investment plan or plans or the educational services plan is, for any reason, financially unfeasible, or is not beneficial to the citizens of this state or to the state itself, the board may suspend or terminate the plan immediately.

§ 49-7-824. Effect of termination of plan on contract.

(a) A tuition contract terminates when the plan is terminated if the contract does not remain in effect under subsection (b). In that event, the purchaser must make a written request to the board to roll the tuition account over to another qualified tuition program established under § 529 of the Internal Revenue Code (26 U.S.C. § 529). If the purchaser does not make the request by the final plan termination date, a refund shall be made to the person designated in the contract to receive the refund. The board shall determine the amount payable pursuant to a rollover request and the amount of any refund upon termination of the plan. Any rollover under this section shall be administered in accordance with the applicable rollover provisions of the Internal Revenue Code.
(b) Unless otherwise provided by the board, an educational services plan tuition contract remains in effect after the plan is terminated if, when the plan is terminated, the beneficiary:
1. (1) Has been accepted by or is enrolled in an institution of higher education; or
2. (2) Is projected to graduate from high school no later than the third anniversary of the date the plan is terminated.
(c) After all obligations of this section and the costs of administering the plan are satisfied, the state treasurer may transfer all or a portion of any assets to the board of trustees for the college savings trust fund program to be used for the administration and marketing of the educational investment plan. Any assets remaining after the transfer must be transferred to the general fund.
(d) Notwithstanding any law to the contrary, an educational services plan tuition contract shall not remain or otherwise be in effect after December 31, 2021, regardless of whether the requirements of subsection (b) are met with respect to any particular contract. The state shall provide educational services plan purchasers and beneficiaries with at least sixty (60) days written notice of the termination of the educational services plan prior to November 1, 2021. Notice must be provided using the contact information on file with the plan and indicate that the purchaser may request use of any or all tuition units associated with the purchaser's educational plan tuition contract, request a refund, or request a rollover on or before November 1, 2021. Any rollover requested pursuant to this subsection (d) must be administered in accordance with applicable federal and state laws, rules, and regulations. If the purchaser does not request use of all of the tuition units associated with the purchaser's educational services plan tuition contract, request a refund, or request a rollover on or before November 1, 2021, then a refund must be made to the person designated in the contract to receive the refund in accordance with applicable federal and state laws, rules, and regulations; provided, however, that the amount of the refund must be calculated in accordance with the board's rules for refunds following the death or permanent disability of a beneficiary. The educational services plan shall not reimburse tuition units after December 31, 2021.

§ 49-7-825. Disclosure of personal information.

(a) Notwithstanding any other law to the contrary, except as provided in subsections (b) and (c), the board and any officer, employee, agent or contractor of the board shall not disclose personal information about any person obtained by the board in connection with the purchase of tuition units or the making of contributions to any educational investment trust fund account under this part.
(b) The board and any officer or employee of the board may release information described in subsection (a) under the following circumstances:
1. (1) To an institution of higher education in which a beneficiary may enroll or is enrolled. The institution of higher education shall maintain the same level of confidentiality as that required under this section;
2. (2) To the extent that the beneficiary, purchaser or their respective legal representative consents to disclosure;
3. (3) In compliance with a subpoena or a court order;
4. (4) To the comptroller of the treasury or the comptroller's designees for the purpose of an audit of the board;
5. (5) To the internal revenue service for the purpose of filing reports of distributions made under the program; or
6. (6) In any administrative proceeding or court action between the purchaser, beneficiary or their respective legal representative and the board.
(c) Personal information referred to in subsection (a) may be disclosed to any requesting person, without regard to intended use, if the board has provided in a clear and conspicuous manner on tuition contracts that personal information collected by the board may be disclosed to any person making a request for the information, and has provided in a clear and conspicuous manner on the contracts an opportunity for the purchaser to prohibit the disclosure.

1 Backlink

49-7-804(e)

§ 49-7-826. Scholarship programs.

(a) The state or any department, division or agency of the state may establish a scholarship program to award scholarships to students that consist of contributions and earnings accrued in a savings account created through the educational investment plan established pursuant to § 49-7-808. Any scholarship program established under this section shall be registered with the board.
(b) Notwithstanding any provision of this part to the contrary, the entity establishing and maintaining a scholarship program under this section shall not be required to select the scholarship beneficiary at the time the scholarship program is established. The entity establishing the scholarship program shall select the scholarship beneficiary and notify the board of the beneficiary by no later than thirty (30) calendar days prior to the start of the academic term in which the tuition benefits under the program are to be applied. The notification shall be in writing and shall include the name, address and social security number of the scholarship beneficiary, the amount of the redemption value of the account awarded and a statement specifying whether the scholarship beneficiary may receive a refund under this part. The entity establishing the scholarship program shall select the scholarship beneficiaries in accordance with criteria established by the entity.
(c) If a scholarship beneficiary does not use tuition benefits awarded under this section within a length of time specified under the scholarship program, the entity may select and award the benefits to a new beneficiary.
(d) The board may, through the promulgation of rules and regulations, authorize political subdivisions of the state and organizations that are exempt from federal income taxation under § 501(a) of the Internal Revenue Code and described in 26 U.S.C. § 501(c)(3), to establish scholarship programs pursuant to this section.

Part 9 Baccalaureate Education Savings for Tennessee Act

§ 49-7-901. Short title.

This part shall be known and may be cited as the “Baccalaureate Education Savings for Tennessee Act.”

§ 49-7-902. Legislative findings.

The general assembly finds and declares that:
1. (1) It is an essential function of government to foster and encourage schools and the means of education, as provided in the Constitution of Tennessee, Article XI, § 12;
2. (2) It is a responsibility of state government to maintain institutions of higher education;
3. (3) It is an essential function of state government to encourage attendance at institutions of higher education;
4. (4) Tuition costs at institutions of higher education are difficult for many to afford and it is difficult for individuals and families to plan for the costs of higher education;
5. (5) It is in the best interest of the people of this state to foster higher education in order to provide well-educated citizens;
6. (6) Students in elementary and secondary schools tend to achieve to a higher standard of performance when the payment of tuition for their higher education is secured; and
7. (7) Providing assistance in the higher education of the citizens of this state is necessary and desirable for the public health, safety and welfare.

1 Backlink

49-7-903

§ 49-7-903. Purposes of part.

In light of the findings described in § 49-7-902, the general assembly declares the purposes of this part to be to:
1. (1) Encourage education and the means of education;
2. (2) Encourage attendance at institutions of higher education;
3. (3) Provide students and their parents financing assistance for postsecondary education;
4. (4) Help provide the benefits of higher education to the people of this state; and
5. (5) Encourage elementary and secondary students in this state to achieve high standards of performance.

§ 49-7-904. College savings bonds — Authorized — Taxation.

(a) Bonds issued by the state funding board pursuant to title 9, chapter 9, or by the Tennessee state school bond authority pursuant to chapter 3, part 12 of this title, may be designated by the appropriate issuer as college savings bonds and issued in accordance with this part.
(b) College savings bonds and the interest on the bonds shall be free from all taxation by the state or its political subdivisions, except for inheritance, transfer and estate taxes, and except to the extent the interest may be included within the measure of corporate privilege taxes imposed pursuant to state law.

§ 49-7-905. College savings bonds — Discount — Maturity — Sale.

(a) College savings bonds shall be sold at a discount to be determined by the issuer, shall bear no stated rate of interest and shall be payable in one (1) payment at maturity on a fixed date. The bonds shall mature no less than five (5) years nor more than twenty (20) years from the date of issuance, unless the issuer determines otherwise.
(b) College savings bonds may be sold either at a competitive or a negotiated sale, notwithstanding any law to the contrary. In the event college savings bonds shall be sold at a negotiated sale, the bonds shall be sold with yields no higher than the estimated yield that could be obtained at a competitive sale on the date the yields are established. The issuing agency shall document how the negotiated sales prices have been established and the documentation shall become a permanent record of the agency.
(c) For purposes of computing the aggregate principal of bonds issued or outstanding at any one time, college savings bonds shall be considered to be issued and outstanding in a principal amount equal to the price paid to the issuer for the bonds as of the date of their sale.
(d) All other provisions concerning the issuance of bonds prescribed in title 9, chapter 9, or in chapter 3, part 12 of this title, shall apply to college savings bonds issued by the state funding board or the Tennessee state school bond authority.

§ 49-7-906. College savings bonds — Plan of implementation.

(a) The state funding board and the Tennessee state school bond authority, when issuing college savings bonds, shall develop a plan of implementation for the sale and issuance of the bonds, including:
1. (1) Advertising to inform the public about the availability of college savings bonds;
2. (2) Marketing and financing of the issue and sale; and
3. (3) The specific increments, maturities and denominations in which to market the bonds in order to make the bonds affordable and funds available at the time when the funds are needed to meet higher education costs.
(b) Upon request by either the state funding board or the Tennessee state school bond authority, the Tennessee student assistance corporation, created in chapter 4, part 2 of this title, shall assist the requesting issuer in the preparation and implementation of the plan.

§ 49-7-907. Evaluation of program.

After each sale and issue of college savings bonds pursuant to this part, the appropriate issuer shall report to the general assembly an evaluation of the sale of the college savings bonds and recommendations, if any, for improvements in the program.

Part 10 Public Higher Education Funding Requests

§ 49-7-1001. Purpose.

The purpose of this part is to protect and maintain the integrity of current prioritization and strategic planning processes established to best use limited state funds for public higher education toward greatest need and opportunity and to ensure prudent fiscal policy.

§ 49-7-1002. Review of state legislative funding requests for public higher education.

(a) All legislative proposals or requests for state funding toward public higher education capital projects, maintenance, new academic programs, public service, research activities, and engagement opportunities or operational support coming before the general assembly shall first be considered and acted upon through established processes and procedures to review such requests; provided, however, that if such consideration or action through established processes and procedures is not possible, then such legislative proposals or requests shall be made with the knowledge of the executive director of the Tennessee higher education commission, the chancellor of the board of regents, or the president of the University of Tennessee, as applicable, and the chief executive officer of the institution for which the proposal or request for state funding is made. The executive director, chancellor, and the president shall be accountable for ensuring that the established processes for considering and evaluating such requests are followed to the greatest extent possible.
1 Backlink
- 49-7-1003
(b) At no time shall an employee of a state institution of higher education advance state legislative funding requests without the knowledge of the executive director, chancellor, or president of the respective system or institution for which the request is made, and the chief executive officer of the institution, campus, or unit.
(c) The executive director, chancellor, and president are expected to advance such policies or proposals through existing processes and procedures established in the spirit to maximize the state's ability to strategically plan, execute, and maintain the state's public higher education obligations.
(d) The governing board of each institution shall be authorized to take such action as each board deems reasonable and appropriate to enforce this part and that is consistent with the purpose of this part.

1 Backlink

49-7-202(o)

§ 49-7-1003. Part incorporated in policies and procedures of board of regents.

For the purpose of fulfilling the requirements of § 49-7-1002(a) and (b), it is the intent of the legislature that this part shall be made a formal part of the policies and procedures of the board of regents, the board of trustees of the University of Tennessee, and the state university boards.

Part 11 Student Information in Higher Education Act of 2005

§ 49-7-1101. Short title.

This part shall be known and may be cited as the “Student Information in Higher Education Act of 2005.”

§ 49-7-1102. Part definitions.

As used in this part, unless the context otherwise requires:
1. (1) “Institution of higher education” means any four-year college or university, whether public or private, located in this state;
2. (2) “Parent” means a parent of a student, and includes a natural parent, a guardian, or an individual acting as a parent in the absence of a parent or a guardian, who is paying or has paid any part of the tuition and fees of a student for the current academic year, as defined by the institution of higher education; and
3. (3) “Student” means any full-time or part-time student, twenty (20) years of age or younger, enrolled in courses at an institution of higher education, who physically attends class on the property of the institution and whose tuition and fees are being paid, even if only in part, by the student's parent. For purposes of this part, persons enrolled exclusively in distance education courses at an institution of higher education are not students.

§ 49-7-1103. Consent forms for release of confidential records.

Institutions of higher education shall inform parents and students of students' option to execute consent forms authorizing the institution of higher education to release certain otherwise confidential education records, as defined by federal law, to a designated parent, upon request.

§ 49-7-1104. Pilot program.

Middle Tennessee State University shall implement a pilot program to effectuate this part, for a period not to exceed one (1) academic year, as defined by Middle Tennessee State University. At the conclusion of the pilot program at Middle Tennessee State University, the program shall be evaluated by a committee, which shall be comprised of the sponsors of chapter 313 of the Public Acts of 2005, the chair of the senate education committee and the chair of the education committee of the house of representatives. This committee may solicit input from personnel of the state university and community college system and the University of Tennessee system. The committee shall make public its findings and recommendations regarding the evaluation of the pilot program. At the commencement of the academic year, as defined by the institution of higher education, following publication of the committee's findings and recommendations, institutions of higher education shall implement an equivalent program in compliance with the findings and recommendations of the committee. For the duration of Middle Tennessee State University's pilot program and the evaluation of the program, other institutions of higher education are not required to comply with this part.

§ 49-7-1105. Notification of parents' rights to view student records.

Each state institution of higher education shall notify parents of enrolled students of the parents' rights to view student records under the federal Family Educational Rights and Privacy Act of 1974 (FERPA) (20 U.S.C. § 1232g) on the institution's website.

Part 12 Labor Education Alignment Program (LEAP)

§ 49-7-1201. Legislative intent.

The purposes of this part are to establish a statewide, comprehensive labor education alignment program, also referred to as the “program” or “LEAP,” to enable students in colleges of applied technology and community colleges to participate in employment training and to attain industry-recognized post-secondary credentials for sustaining gainful and quality employment in this state; and to enable students to more adequately meet the advanced technical training needs required by current and future employers of existing and prospective industries and businesses in this state.

§ 49-7-1202. Purpose of LEAP.

The purpose of LEAP is to provide students in colleges of applied technology, community colleges, and, where applicable, high schools the opportunity to combine occupational training in a high-skill or high-need field with academic credit and to apply that combined work and academic experience towards acquiring a postsecondary credential. Any college of applied technology or community college may establish a LEAP under this part, subject to the approval of the board of regents. The LEAP shall enable employers to employ a participating student on such basis as the employer determines appropriate, and to provide occupational training to the student during the period of employment; provided, that any cooperative education earnings, wages, salary, or other compensation received by the student shall not be included in any determination of the student's eligibility for any state financial assistance or grants. The LEAP shall also allow the transferability of the student's completed occupational training and academic hours at other colleges of applied technology, community colleges, and postsecondary institutions in this state in accordance with established transfer pathways, and institution and program accreditation requirements. Notwithstanding any provision of this part to the contrary, the LEAP shall not in any way adversely affect the accreditation of an institution.

§ 49-7-1203. Coordination of efforts in developing, administering and implementing a LEAP — Priorities.

The higher education commission shall coordinate efforts with the department of labor and workforce development and the department of economic and community development in developing, administering, and implementing a LEAP pursuant to this part. The higher education commission shall make specific efforts to encourage colleges of applied technology and community colleges in this state to offer a LEAP under this part, in an effort to train students in needed high-skill and high-technology industries in this state. The higher education commission shall coordinate the following priorities to the extent possible:
1. (1) Creating a LEAP at community colleges and colleges of applied technology in this state with students having the opportunity to participate;
2. (2) Planning and partnership with business, labor, education, government, community-based organizations, employers, and students;
3. (3) [Deleted by 2021 amendment.]
4. (4) Career preparation and guidance incorporated in the curriculum and materials;
5. (5) Job placement and job retention support services;
6. (6) Applied learning experiences, including prior learning assessments;
7. (7) Integration of basic skills and work-readiness training with occupational skills training;
8. (8) Performance assessment of the programs created under this initiative;
9. (9) Actual or simulated learning at the worksite;
10. (10) Curriculum and employment training for industries that promote high-skill jobs in high-technology areas, emerging occupations, or skilled manufacturing jobs, including, but not limited to, the following:
  1. (A) Advanced manufacturing;
  2. (B) Electronics;
  3. (C) Information technology;
  4. (D) Infrastructure engineering; and
  5. (E) Transportation and logistics.

§ 49-7-1204. Use of existing staff — Encouragement of enrollment.

The department of labor and workforce development shall utilize existing staff to assist individuals interested in seeking postsecondary degrees. Efforts shall be made to encourage individuals to enroll in LEAPs offered at colleges of applied technology and community colleges, and to seek employment in high-skill or high-technology industries.

§ 49-7-1205. Curriculum and materials.

(a) As used in this part, “work-based learning” or “WBL” means a credit-bearing experience in a secondary or postsecondary curriculum which:
1. (1) Includes, but is not limited to, job shadowing, internships, clinicals, practicums, apprenticeships, co-ops, and industry-led service learning projects;
2. (2) Is incorporated into coursework or related to a specific field of study;
3. (3) Integrates knowledge and theory learned in the classroom with the practical application and development of technical skills and proficiencies in a professional work setting; and
4. (4) May or may not include wages, salary, or other compensation to the student.
(b) The board of regents, in consultation with the higher education commission, shall coordinate curriculum development by the faculty and related resource materials to assist educators, employers, and students with workplace training and placement. The curriculum, work-based learning experiences, and materials shall, at a minimum, meet the necessary skill standards of high-skill and high-technology industries in this state. The curriculum and materials shall define courses and work-based learning experiences that are necessary for each technical career field that may lead to a postsecondary credential. The curriculum shall be developed by faculty who teach within the field and shall outline the academic and technical courses that are necessary for each postsecondary award, credential, or degree to be awarded under this part.

§ 49-7-1206. Awarding grants.

Subject to appropriation by the general assembly in the annual appropriations act, the Tennessee higher education commission, in consultation with the board of regents, may award a grant to any college of applied technology or community college in this state that is located in a region where advanced training opportunities or a highly-skilled workforce is lacking. The funds from the grants must be used to establish and implement a LEAP under this part. The commission shall establish procedures for grant applications, eligibility and reporting requirements, and the maximum amount of any grant authorized by this section.

§ 49-7-1207. Authority to establish LEAPs — Achievement of outcomes.

Each community college and college of applied technology in this state is authorized to establish a LEAP under this part, with the appropriate approvals as required by the higher education commission and the board of regents; provided, that the LEAP shall enable students to obtain a postsecondary credential; and to achieve one (1) or more of the following outcomes:
1. (1) Acquire and demonstrate competency in basic skills, including English and math;
2. (2) Acquire and demonstrate competency in a specified technical field; and
3. (3) Any other goals identified by the departments and the higher education commission, made in consultation and agreement with the board of regents.

§ 49-7-1208. Creation in state treasury of a workforce advanced training fund — Appropriation of funds — Administration of fund.

There is created in the state treasury a “workforce advanced training fund,” referred to in this part as the “fund.” The fund shall consist of moneys appropriated to the fund by the general assembly. Interest accruing on investments and deposits of the fund shall be carried forward into the subsequent fiscal year. Any fund balance remaining unexpended at the end of a fiscal year shall remain in the fund and shall not be transferred or revert to the general fund of the state at the end of any fiscal year. Moneys in the fund shall be invested by the state treasurer in accordance with § 9-4-603. The fund shall be administered by the Tennessee higher education commission. Moneys in the fund shall be subject to annual appropriation by the general assembly to the Tennessee higher education commission to cover the costs associated with the establishment of the LEAP and any grants authorized pursuant to this part.

§ 49-7-1209. [Repealed]

§ 49-7-1210. [Repealed]

§ 49-7-1211. Authority of the higher education commission to establish policies and guidelines and to promulgate rules and regulations.

The higher education commission, in consultation with the department of labor and workforce development and the department of economic and community development, is authorized to establish any policies and guidelines, and to promulgate rules and regulations, to effectuate the purposes of this part. Such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

§ 49-7-1212. Monitoring of program by the higher education commission — Periodic reporting by colleges of applied technology and community colleges.

The higher education commission shall monitor the operation of the LEAP, and require periodic reporting by the colleges of applied technology and community colleges conducting the programs as the executive director deems appropriate, reasonable and necessary to evaluate the performance and effectiveness of the programs throughout the state.

Part 13 Tennessee Veterans Education Transition Support (VETS) Act

§ 49-7-1301. Short title.

This part shall be known and may be cited as the “Tennessee Veterans Education Transition Support Act” or the “Tennessee VETS Act.”

§ 49-7-1302. Legislative findings and intent.

The general assembly finds that veterans need comprehensive, statewide support to aid them in transitioning from military service to enrollment at public and private nonprofit institutions of higher education. This support should encourage enrollment of veterans and address issues that may deter veterans' participation in higher education, such as affordability, lack of awareness by faculty and staff of military and veterans' culture, the need for orientation and mentoring programs designed specifically for veterans and facilitation of credential completion by veterans as quickly as possible.

§ 49-7-1303. Part definitions.

As used in this part:
1. (1) “Military-affiliated” means active-duty military personnel, reservists, members of the national guard, and reserve officer training corps program cadets;
2. (2) “THEC” means the Tennessee higher education commission;
3. (3) “Veteran” means a former member of the armed forces of the United States, or a former or current member of a reserve or Tennessee national guard unit who was called into active military service of the United States, as defined in § 58-1-102; and
4. (4) “Veterans education transition support campus” or “VETS campus” means a campus of a public or private nonprofit institution of higher education that has demonstrated educational support for veterans and has been designated by THEC under this part as a campus supportive of veterans.

§ 49-7-1304. Veterans exempt from payment of out-of-state tuition or fees under certain conditions.

(a) A veteran or other individual eligible to receive educational benefits administered by the United States department of veterans affairs, through any provision of the United States Code, shall not be required to pay out-of-state tuition or any out-of-state fee when the veteran or other individual is:
1. (1) Enrolled in any public institution of higher education in this state;
2. (2) Utilizing such benefits at the enrolling institution; and
3. (3) Living in the state of Tennessee, regardless of the individual's formal state of residency.
(b) The board of regents, the board of trustees of the University of Tennessee, and each state university board of trustees may classify a veteran or military-affiliated individual as a Tennessee resident who is not required to pay out-of-state tuition or an out-of-state fee if the veteran or military-affiliated individual is:
1. (1) Enrolled in the public institution of higher education; and
2. (2) Resides outside the state of Tennessee.

§ 49-7-1305. [Reserved.]

§ 49-7-1306. Designation of VETS campuses.

THEC may designate public and private nonprofit institutions of higher education as veterans education transition support campuses or VETS campuses. An institution seeking designation as a VETS campus shall apply by submitting a written request to the executive director of THEC. The request shall outline all services offered to veterans by the institution. THEC may conduct site visits to verify the services for veterans available at any prospective VETS campus.

§ 49-7-1307. Qualification criteria for VETS campuses.

To become and continue to be a VETS campus, a campus of a public or private nonprofit institution of higher education shall:
1. (1) Conduct an annual campus survey of students who are veterans to identify the views, needs, issues and suggestions of veterans;
2. (2) Provide information to faculty and staff about military and veterans' culture, including combat-related mental or physical disabilities or other challenges;
3. (3) Administer orientation programs for students who are veterans;
4. (4) Facilitate mentoring and support programs for students who are veterans;
5. (5) Develop outreach and communication strategies for military bases located near the campus, for the purpose of assessing veterans' educational goals and meeting their identified needs;
6. (6) Create and maintain a process for the assessment of prior learning that grants academic credit to veterans for transferable training and experience attained through service in the armed forces of the United States; and
7. (7) Provide, on the campus website, information on the availability of prior learning assessments and potential program credit for skills, training or education obtained during military service.

§ 49-7-1308. Listing of VETS campuses to be maintained on THEC website.

THEC shall maintain a list of designated VETS campuses on its website. For each designated VETS campus, THEC's website shall include:
1. (1) A link to the campus' website;
2. (2) Designated points of contact for academic and financial advising; and
3. (3) Veteran enrollment statistics.

§ 49-7-1309. VETS campuses to provide annual data to THEC.

On or before July 31, 2017, and on or before July 31 of each subsequent year, any campus meeting the qualification criteria and attaining the VETS campus designation shall provide the following data to THEC:
1. (1) The number of veterans enrolled at its campus;
2. (2) The programs of study in which veterans are enrolled;
3. (3) The completion of degrees or other credentials by veterans; and
4. (4) A current list of course equivalencies for military education, training, and experience.

§ 49-7-1310. Identification and development of uniform methods to assess and maximize academic credit awarded for experience, education and training obtained during military service — Deadline for adoption of policies.

(a) State institutions of higher education shall develop and implement uniform procedures for awarding academic credit applicable toward a degree or credential for military education, training, experience, and occupational specialties in the form of course credit equivalencies. State institutions of higher education shall provide these course equivalencies to veterans and service members as they transition from military service to higher education.
(b)
1. (1) To achieve the goal of uniform evaluation of military credit, THEC shall select military occupational specialties and academic programs with the potential to promote veteran credential completion and employment based on workforce needs and occupational demand. On or before November 1, 2017, THEC shall submit this information to the respective state institution governing boards for review.
2. (2) Following the review provided by subdivision (b)(1), THEC, working with the governing boards, shall convene appropriate faculty and subject matter experts to provide initial support as institutions develop course equivalencies, applicable to specific armed forces career fields, that maximize academic credit awarded for education, training, and experience obtained during military service.
(c) In developing course equivalencies and awarding academic credits, state institutions shall:
1. (1) Consider skills developed in all aspects of military education, training, and experience, beyond the physical fitness or activity components;
2. (2) Provide progress reports to the commission, upon request, as course equivalencies are developed and implemented; and
3. (3) Submit course equivalencies to THEC on or before December 15, 2018, detailing how academic credit toward the institution's respective credentials will be awarded. This data and information shall be submitted using the format and procedures prescribed by THEC.
(d) Course equivalencies developed pursuant to this section shall result in the award of academic credit to veterans and service members consistent with the standards of the American Council on Education or equivalent standards for awarding academic credits.
(e) Using the course equivalencies provided by state institutions pursuant to this section, THEC shall develop and maintain a website to inform potential students with military experience of the academic credit available to them prior to enrollment at a state institution of higher education. The website shall include databases sortable by military occupational specialty, with clear descriptions of the academic credit available to the veteran or service member, the degrees or other credentials to which that academic credit is applicable, and the state institutions offering the credit and credentials.
(f) Tennessee Technological University is specifically authorized to assist the commission, as requested, by providing technical and other assistance in the development and maintenance of an electronic course equivalency database.
(g) The chancellor of the board of regents may utilize board office resources in furtherance of the purposes of this section and is authorized to adopt, where applicable and appropriate, uniform system-wide course equivalencies for community colleges and colleges of applied technology.
(h) The executive director of THEC is authorized to develop procedures and convene representatives from each state institution of higher education or system, as necessary, to effect the purposes of this section.
(i) On or before February 15, 2019, THEC shall submit a report to the education committee of the senate and the education committee of the house of representatives detailing progress made in formalizing processes for uniform evaluation of military credit, and the extent to which the credit awarded will facilitate efficient and timely credential completion in alignment with state goals.

Part 14 Higher Education Foundation Investment Pool

§ 49-7-1401. Higher Education Foundation Investment Pool created.

The higher education foundation investment pool is created for the purpose of receiving and investing a higher education foundation's money in the custody of any officer or officers of the state unless prohibited by statute to be invested. For the purposes of this section, “higher education foundation” means any foundation established for a state university, state college, or Tennessee college of applied technology pursuant to §§ 49-7-107 and 49-11-402.

§ 49-7-1402. Request to participate in pool — Discontinuation of participation.

(a) A higher education foundation may participate in the investment pool by submitting a request to the state treasurer to have some or all of its money invested in the investment pool.
(b) Should a participant wish to discontinue its participation in the investment pool, it may submit a request to the state treasurer for the return of its principal investment or investment income or both; however, a redemption of shares does not guarantee that a participant will receive the entire amount of the principal investment or investment income or both.

§ 49-7-1403. Administration of pool.

The state treasurer shall be responsible for the day-to-day administration of the investment pool and for establishing policies and procedures to manage the operations and responsibilities of the investment pool, including, but not limited to, establishing criteria for participation in the investment pool, establishing accounts and different shares within the investment pool, transitioning participant assets into the investment pool, and establishing an investment policy for the investment pool. Either the state treasurer or participant shall have the authority to transfer and liquidate the assets that a participant wishes to invest in the investment pool. A participant may only invest its assets that are unencumbered or unrestricted in sale, transfer, or investment.

§ 49-7-1404. Investment and management of funds.

(a) The investment pool shall be invested and managed solely in the interest of the participants in the investment pool in a manner consistent with § 35-14-107, the prudent investor rule pursuant to § 35-14-103, the standard of care pursuant to § 35-14-104, and the exercise of reasonable care in delegation of investment and management functions pursuant to § 35-14-111.
(b) All investments purchased belong jointly to the participants in the investment pool and the participants shall share capital gains, income, and losses pro rata.
(c) A participant's principal and income invested in the investment pool shall not constitute the property of the state. The principal and income in the investment pool shall not be commingled with state funds and the state shall have no claim to or against, or interest in such funds. The principal and income in the investment pool shall be preserved, invested, and expended for the benefit of the respective participants.
(d) The state treasurer shall keep a separate account, designated by name and number of each participant. Individual transactions and totals of all investments belonging to each participant shall be recorded in the accounts.
(e) The state treasurer shall report periodically to every participant having a beneficial interest in the investment pool.
(f) The participant shall enter into an agreement with the department of treasury for participation in the investment pool, which shall include fees and expenses assessed by the department against a participant for services related to the investment of the participant's assets.

§ 49-7-1405. Revolving account established for administrative costs — Administrative fees.

The state treasurer shall establish a revolving account, under the state treasurer's custody, to defray administrative costs of the investment pool. The state treasurer may deduct from each participant's pro rata earnings through the investment pool a reasonable charge for administering the investment pool. In the event that the state treasurer does deduct an administrative fee, it shall be deposited and expended through the revolving account.

§ 49-7-1406. Electronic transfer of funds authorized.

As the administrator of the investment pool, the state treasurer is authorized to receive, invest, and distribute a participant's funds by means of an electronic transfer or other reasonable methods.

Part 15 State Authorization Reciprocity Agreement Act

§ 49-7-1501. Short title.

This part shall be known and may be cited as the “State Authorization Reciprocity Agreement Act.”

§ 49-7-1502. Purpose of part.

The purpose of this part is to authorize the state's participation in a state authorization reciprocity agreement relative to postsecondary distance education.

§ 49-7-1503. Part definitions.

As used in this part:
1. (1) “Commission” means the Tennessee higher education commission;
2. (2) “Complaint” means a complaint or grievance against a Tennessee SARA institution filed by a non-Tennessee student residing in a member state other than Tennessee and whose complaint is relative to a distance education course or program offered by a Tennessee SARA institution;
3. (3) “Institution” means an accredited postsecondary degree-granting school, college, university, or other organization;
4. (4) “Member state” means a United States state, territory, or district currently approved to participate in the state authorization reciprocity agreement;
5. (5) “NC-SARA” means the National Council for State Authorization Reciprocity Agreements;
6. (6) “Non-Tennessee SARA institution” means an institution approved by a member state other than Tennessee for participation in SARA;
7. (7) “Portal agency” means the single agency designated by Tennessee to serve as the interstate point of contact for SARA questions, complaints, and other communications;
8. (8) “SREB” means the Southern Regional Education Board;
9. (9) “State authorization reciprocity agreement” or “SARA” means the agreement overseen by the National Council for SARA and administered by the Southern Regional Education Board; and
10. (10) “Tennessee SARA institution” means an institution approved by the commission for participation in SARA.

§ 49-7-1504. Authority of commission.

The commission is authorized to:
1. (1) Enter into the interstate reciprocity agreement known as SARA, or any successor organization, which serves the purpose of approving institutions in Tennessee to participate in SARA;
2. (2) Serve as the portal agency for SARA;
3. (3) Act in accordance with the terms of the state authorization reciprocity agreement with regard to any member state, Tennessee SARA institution, or non-Tennessee SARA institution;
4. (4) Provide appropriate staff support as necessary to facilitate institution application, approval, and reporting in accordance with NC-SARA and SREB guidelines and policies;
5. (5) Provide appropriate staff support as necessary to facilitate complaint determination and resolution under § 49-7-1506;
6. (6) Promulgate rules and policies as necessary or appropriate for the conduct of its work and the implementation of this part, which rules shall have the force of law; and
7. (7) Exercise other powers and duties implied but not enumerated in this section that are in conformity with this part and, in the judgment of the commission, are determined necessary in order to carry out the intent of this part.

§ 49-7-1505. Collection of annual fees.

(a) The commission is authorized to annually collect fees from each Tennessee SARA institution, based on full-time enrollment and commensurate with the costs of administering SARA, except that the fees shall be limited as follows:
1. (1) Initial application and subsequent annual renewal fees shall not exceed, by dollar amount, the respective individual institution fees assessed by NC-SARA or any successor organization; and
2. (2) In the event that NC-SARA determines to waive or terminate the assessment of fees for participating institutions, then the fee applicable to Tennessee SARA institutions shall be the same as those fees assessed in the prior fiscal year.
(b) All fees collected pursuant to this part shall be deposited in the state treasury and credited to a dedicated commission account for the administration of this part.
(c) The fees to be collected by the commission shall accompany an application for voluntary participation in SARA and the annual renewal as a participating institution.
(d) Any reports generated in compliance with NC-SARA shall be similarly submitted to participating Tennessee SARA institutions for informational purposes.

§ 49-7-1506. Complaint investigation and resolution.

(a) As applicable to Tennessee SARA institutions, the commission's complaint investigation and resolution under this part shall be limited to complaints:
1. (1) Filed by a student residing in a member state other than Tennessee;
2. (2) Where the complaint involves a distance education course or program offered by a Tennessee SARA institution;
3. (3) Where the student has exhausted the Tennessee SARA institution's grievance process; and
4. (4) Where the complaint concerns a requirement imposed solely by the state authorization reciprocity agreement and not imposed by federal law, state law, or the institution's policies.
(b) A complaint filed with the commission shall be in writing and shall set forth the grounds for the complaint, explain any steps taken to exhaust the Tennessee SARA institution grievance process, identify the basis for the commission's jurisdiction under SARA, include any relevant documents, and contain other information that is required by the commission.
(c) The commission shall initially consult with the Tennessee SARA institution indicated in the complaint.
(d)
1. (1) In the event that consultation with the Tennessee SARA institution does not result in resolution of the complaint, then the commission shall request a copy of the complaint investigation file and any other related documents from the Tennessee SARA institution for further review.
2. (2) The commission may request from the complainant or the Tennessee SARA institution answers in writing to questions propounded by the commission. The answers shall be provided within fourteen (14) days of the request.
3. (3) The commission may, at its discretion, attempt to effectuate a settlement. In the event that a settlement is neither sought nor reached, commission staff shall recommend a resolution of the complaint to the executive director.
4. (4) In the event that a settlement is not reached or a party to the complaint disagrees with the determination of the executive director, the party may request a hearing before the commission. Upon receiving a request for hearing, the commission shall consider the request in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
5. (5) If, upon all the evidence at a hearing, it is found that a Tennessee SARA institution has engaged in or is engaging in any act or practice contrary to SARA as set forth in subsection (a), subject to the requirements of the Uniform Administrative Procedures Act, the commission may take such actions necessary to prevent the act or practice from continuing. If the commission finds that the complainant suffered loss or damage as a result of the act or practice, the commission, subject to the Uniform Administrative Procedures Act, may award the complainant full or partial restitution for the damage or loss.
(e) The commission shall also have the authority to assist or refer any Tennessee resident with a grievance against a non-Tennessee SARA institution to the appropriate agency in the other state, to follow up on the outcome of the grievance, and to assist the other state with the investigation and resolution.
(f) Apart from any rights or remedies created by this part, nothing in this part is intended to limit or restrict, or to create or expand, any right that any person may have under any existing common law or statute to seek any legal, equitable, or administrative remedy. Without limiting the foregoing, the commission shall not address complaints regarding student grades or student conduct violations.

1 Backlink

49-7-1504(5)

§ 49-7-1507. Approval as SARA institution — Revocation or withdrawal of approval — Forfeiture of fees.

(a) Institutions in Tennessee that offer distance education may apply to the commission for approval to participate in SARA as a Tennessee SARA institution.
(b) The commission may commence an action to revoke a Tennessee SARA institution's approval as a participating SARA institution if it is determined that the institution is no longer in compliance with the state authorization reciprocity agreement.
(c) A Tennessee SARA institution may, on thirty (30) days' notice to the commission, withdraw its approval as a Tennessee SARA institution, after which the institution shall no longer be considered a participating institution for the purposes of this chapter.
(d) A withdrawing Tennessee SARA institution shall forfeit any fees previously collected by the commission for the purposes of initial authorization or annual renewal as a participating Tennessee SARA institution.

Part 16 Tuition Transparency and Tennessee Responsible Borrowing Initiative Act

§ 49-7-1601. Short title.

This part shall be known and may be cited as the “Tuition Transparency and Tennessee Responsible Borrowing Initiative Act”.

§ 49-7-1602. Part definitions.

As used in this part:
1. (1) “Board” means the trustees of the University of Tennessee or a state university board, as applicable;
2. (2) “Cost of attendance” means the combined cost of tuition, mandatory fees, room and board, books, and other educational expenses as determined by the financial aid office of the postsecondary institution;
3. (3) “Predictive cost estimate” means a non-binding estimated cost of attending an undergraduate program at the postsecondary institution based on a student's chosen field of study over a four-year period. A predictive cost estimate may include, but is not limited to, potential tuition and mandatory fee increases, projected increases in tuition based on a student's chosen field of study, and historical trend data; and
4. (4) “Tuition and mandatory fees” means the charges imposed to attend the relevant institution of higher education as an in-state undergraduate student and all fees required as a condition of enrollment as determined by the board. “Tuition and mandatory fees” does not include fees charged to out-of-state students by institutions of higher education, room and board, or other non-mandatory fees and charges.

§ 49-7-1603. Public notice of proposed tuition and mandatory fee increase.

(a) At least fifteen (15) days prior to holding a meeting to adopt an increase in tuition and mandatory fees, a board shall give public notice of the proposed tuition and mandatory fee increase as an action item on the board's meeting agenda. Individuals shall be permitted to provide comments during the fifteen-day period. The public notice of the proposed tuition and mandatory fee increase shall, at a minimum, include:
1. (1) An explanation for the proposed tuition and mandatory fee increase;
2. (2) A statement specifying the purposes for which revenue derived from the tuition and mandatory fee increase will be used; and
3. (3) A description of the efforts to mitigate the effect of the tuition and mandatory fee increase on students.
(b)
1. (1) By January 1, 2019, each board shall develop a list of factors that shall be considered when developing recommendations to increase tuition and mandatory fees. The factors shall include, at a minimum, the level of state support; total cost of attendance; and efforts to mitigate the financial effect on students.
2. (2) Each state university and each campus in the University of Tennessee system shall post on its website a summary of the recommendations pursuant to subdivision (b)(1).

§ 49-7-1604. Report regarding expenditures of revenues derived from tuition and fee increases.

By February 1 of each year, each governing board shall provide a report to the office of legislative budget analysis, for distribution to the general assembly, with information regarding expenditures of revenues derived from any tuition and fees increase in the previous full academic year. The report shall include how revenues were used, the effect on student financial aid, and the effect on the average total cost of attendance per student.

§ 49-7-1605. Predictive cost estimate to accompany student's letter of acceptance.

Beginning August 1, 2019, each state university and each campus in the University of Tennessee system shall provide, with a student's letter of acceptance, a predictive cost estimate for students applying for undergraduate degree programs for the 2020-2021 academic year and for academic years thereafter.

§ 49-7-1606. Federal college financing plan.

(a) Beginning in the 2021-2022 academic year, each institution operated by the board of regents, each state university, and each campus in the University of Tennessee system shall provide each student with a detailed and completed current-year federal college financing plan. The plan must be provided to students at least once with the student's notice of financial aid eligibility. An institution may substitute a personalized and detailed institution-specific alternative to the federal college financing plan, if the institution's alternative provides, at a minimum, the following information:
1. (1) The total cost of attendance;
2. (2) The total amount per year of grants and scholarships awarded to the student, including awards from the institution, state programs, and federal programs;
3. (3) The estimated total net cost, based on the institution's cost of attendance, to the student for one (1) year of attendance at the institution, after deducting amounts awarded to the student through grants and scholarships;
4. (4) The total amount per year of actual student loans and estimated work study funds for which the student is eligible, accompanied by the amount of each federal, state, or institutional loan by loan type and program origin, and the estimated amount of work study funds from each federal, state, or institutional work study option; and
5. (5) Information and resources available to the student relative to financial aid planning and loan repayment calculations.
(b) When a student is finalizing acceptance of a financial aid package, the institution shall clearly provide to the student:
1. (1) The estimated unmet financial need accompanied by the total amount per year of eligible student loans; and
2. (2) A statement on the importance of responsible student borrowing.

Part 17 Alleged Sexual Misconduct by Student

§ 49-7-1701. Applicability of part.

This part shall apply to all public higher education institutions located in this state.

§ 49-7-1702. Part definitions.

As used in this part, unless the context requires otherwise:
1. (1) “Institution” means any public institution of higher education located within this state;
2. (2) “Notice” means written information sent to a student by the institution transmitted by:
  1. (A) United States mail, courier service, or hand delivery to the permanent or local address the institution has on file for the student; or
  2. (B) Email to the student's institution-provided email account, but only if the institution has adopted and published a written policy establishing an institution-provided email account as a method of communication by which students should expect to receive communications from the institution about student conduct matters;
3. (3) “Sexual misconduct” means a violation of an institution's disciplinary policies concerning sexual assault, dating violence, domestic violence, or stalking; and
4. (4) “Student disciplinary proceeding” means a hearing, proceeding, or any other non-law enforcement process other than an investigation that is used by an institution to determine whether sexual misconduct occurred or impose a sanction with respect to sexual misconduct, including a contested case hearing conducted under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

§ 49-7-1703. Notice required to be given student accused of sexual misconduct — Temporary suspension not prohibited.

(a) An institution shall provide a student accused of sexual misconduct with notice of the extent to which the institution may allow a licensed attorney or other advisor to represent or advise the student in an investigation or student disciplinary proceeding.
(b) At least seventy-two (72) hours prior to a student disciplinary proceeding concerning charges of sexual misconduct, an institution shall provide a student accused of sexual misconduct with notice of the following:
1. (1) The time, place, and date of the student disciplinary proceeding;
2. (2) The name of each witness the institution expects to present at the student disciplinary proceeding and those the institution may present if the need arises;
3. (3) The student's right to request a copy of the institution's investigative file, redacted in accordance with the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. § 1232g), and the federal regulations implementing that statute, as amended; and
4. (4) The student's right to request copies of all documents, copies of all electronically stored information, and access to tangible evidence that the institution has in its possession, custody, or control and may use to support claims or defenses, unless the use would be solely for impeachment.
(c) When notice is sent pursuant to this section by United States mail or courier service, the notice is effective on the date that the notice is mailed or delivered to the courier service. When notice is hand delivered to the student from the institution, notice is effective on the date that the notice is delivered to the student to whom the notice is addressed. When notice is sent by email, the notice is effective on the date that the email is sent to the student's institution-provided email account.
(d) Nothing in this part is intended to prohibit a student charged with sexual misconduct from waiving the student's right to a contested case hearing under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5; provided, that prior to waiving that right the student is informed in writing of the rights provided in this part.
(e) Nothing in this part prohibits the temporary suspension of a student during an institution's pending investigation of student misconduct; provided, that the terms of temporary suspension do not violate the student's constitutional right to due process of law.

§ 49-7-1704. Policy requiring that process of disciplining student for sexual misconduct be free from conflicts of interest — Legal advice to multiple institutional employees not prohibited — Equivalent rights of alleged victim.

(a) An institution must adopt a policy requiring that the process of disciplining a student for sexual misconduct be carried out in a manner that is free from conflicts of interest consistent with due process of law.
(b) With respect to student disciplinary hearings other than contested cases under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, the policy must provide for protections for a student accused of sexual misconduct analogous to, and no less protective than, the conflict of interest provisions of § 4-5-303.
(c) Nothing in this part prohibits an attorney for the institution from providing legal advice to multiple institutional employees who serve in different roles in the process of disciplining a student for sexual misconduct.
(d) Nothing in this part prohibits an institution from providing an alleged victim of sexual misconduct with equivalent rights as the student accused of sexual misconduct in an investigation, student disciplinary proceeding, or appeal.

Part 18 Transparency in Foreign Investment Act

§ 49-7-1801. Short title.

This part is known and may be cited as the “Transparency in Foreign Investment Act.”

§ 49-7-1802. Part definitions.

As used in this part, unless the context otherwise requires:
1. (1) “Confucius Institute” means a Confucius Institute or Chinese Language Partner Network operated by the Office of Chinese Language Council International, also known as Hanban, which is affiliated with the ministry of education of the People's Republic of China;
2. (2) “Contract” means an agreement for the acquisition by purchase, lease, or barter of property or services between a foreign source and an institution, for the direct benefit or use of either of the parties;
3. (3) “Foreign source” means:
  1. (A) A foreign government, including an agency of a foreign government;
  2. (B) A legal entity, governmental or otherwise, created solely under the laws of a foreign state or states;
  3. (C) An individual who is not a citizen or a national of the United States or a trust territory or protectorate thereof; and
  4. (D) An agent, including a subsidiary or affiliate of a foreign legal entity, acting on behalf of a foreign source, as described in subdivisions (3)(A)-(C);
4. (4) “Gift” includes a gift of money or property; and
5. (5) “Institution” means a public institution of higher education in this state.

§ 49-7-1803. Confucius Institutes prohibited.

An institution shall not host a Confucius Institute.

§ 49-7-1804. Disclosure of foreign gifts and contracts.

(a) An institution shall not accept a gift from a foreign source or enter into a contract with a foreign source if the institution believes that doing so would threaten:
1. (1) The integrity of the institution's research, instruction, or operations;
2. (2) The institution's intellectual property rights;
3. (3) The protection of confidential information; or
4. (4) The safety and security of the institution, the institution's personnel and students, this state, or the United States.
(b) If an institution receives a gift from a foreign source valued at more than ten thousand dollars ($10,000), then the institution must disclose the following information with respect to the gift:
1. (1) The dollar value of the gift;
2. (2) The name and national affiliation of the foreign source funding the gift;
3. (3) The department, college, school, or other business unit of the institution to which the gift was made;
4. (4) The date the gift was received; and
5. (5) A brief description of the gift.
(c) If an institution enters into a contract with a foreign source valued at more than ten thousand dollars ($10,000), then the institution must disclose the following information with respect to the contract:
1. (1) The dollar value of the contract;
2. (2) The name and national affiliation of the foreign source entering into the contract with the institution;
3. (3) The department, college, school, or other business unit of the institution that benefits from the contract;
4. (4) The effective date and termination date of the contract; and
5. (5) A brief description of the terms of the contract.
(d) If an institution receives multiple gifts from foreign sources affiliated with the same foreign government, and each of the gifts is valued at ten thousand dollars ($10,000) or less, but the aggregate value of the gifts is more than ten thousand dollars ($10,000), then all of the gifts must be disclosed in accordance with subsection (b).
(e) If an institution enters into multiple contracts with foreign sources affiliated with the same foreign government, and each of the contracts is valued at ten thousand dollars ($10,000) or less, but the aggregate value of the contracts is more than ten thousand dollars ($10,000), then all of the contracts must be disclosed in accordance with subsection (c).
(f) By July 31, 2021, and by July 31 of each year thereafter, each institution shall prepare a foreign gifts and contracts disclosure report that includes the information required to be disclosed pursuant to this section, and submit the report to the comptroller of the treasury and the department of safety for review. Each report must disclose the foreign gifts received and the foreign contracts entered into during the fiscal year ending on June 30 prior to the reporting deadline. If an institution does not have a gift or contract subject to disclosure under this section, then the institution must submit a foreign gifts and contracts disclosure report stating that the institution does not have a gift or contract subject to disclosure.
(g) The comptroller shall make the foreign gifts and contracts disclosure reports publicly available on the comptroller's website.

Part 19 Divisive Concepts in Schools

§ 49-7-1901. Legislative findings.

The general assembly finds that the divisive concepts described in § 49-7-1902 exacerbate and inflame divisions on the basis of sex, race, ethnicity, religion, color, national origin, and other criteria in ways contrary to the unity of the United States of America and the well-being of this state and its citizens.

1 Backlink

49-7-1903

§ 49-7-1902. Part definitions.

As used in this part:
1. (1) “Divisive concept” means a concept that:
  1. (A) One (1) race or sex is inherently superior or inferior to another race or sex;
  2. (B) An individual, by virtue of the individual's race or sex, is inherently privileged, racist, sexist, or oppressive, whether consciously or subconsciously;
  3. (C) An individual should be discriminated against or receive adverse treatment because of the individual's race or sex;
  4. (D) An individual's moral character is determined by the individual's race or sex;
  5. (E) An individual, by virtue of the individual's race or sex, bears responsibility for actions committed in the past by other members of the same race or sex;
  6. (F) An individual should feel discomfort, guilt, anguish, or another form of psychological distress solely because of the individual's race or sex;
  7. (G) A meritocracy is inherently racist or sexist, or designed by a particular race or sex to oppress another race or sex;
  8. (H) This state or the United States is fundamentally or irredeemably racist or sexist;
  9. (I) Promotes or advocates the violent overthrow of the United States government;
  10. (J) Promotes division between, or resentment of, a race, sex, religion, creed, nonviolent political affiliation, social class, or class of people;
  11. (K) Ascribes character traits, values, moral or ethical codes, privileges, or beliefs to a race or sex, or to an individual because of the individual's race or sex;
  12. (L) The rule of law does not exist, but instead is a series of power relationships and struggles among racial or other groups;
  13. (M) All Americans are not created equal and are not endowed by their Creator with certain unalienable rights, including, life, liberty, and the pursuit of happiness;
  14. (N) Governments should deny to any person within the government's jurisdiction the equal protection of the law;
  15. (O) Includes race or sex stereotyping; or
  16. (P) Includes race or sex scapegoating;
2. (2) “Race or sex scapegoating” means assigning fault, blame, or bias to a race or sex, or to members of a race or sex, because of their race or sex, and includes any claim that, consciously or subconsciously, and by virtue of a person's race or sex, members of a race are inherently racist or inclined to oppress others, or that members of a sex are inherently sexist or inclined to oppress others;
3. (3) “Race or sex stereotyping” means ascribing character traits, values, moral and ethical codes, privileges, status, or beliefs to a race or sex, or to an individual because of his or her race or sex; and
4. (4) “Training” includes seminars, workshops, trainings, and orientations.

1 Backlink

49-7-1901

§ 49-7-1903. Restrictions applicable to public institutions of higher education.

In furtherance of the general assembly's findings in § 49-7-1901, the following restrictions apply to public institutions of higher education in this state:
1. (1) A student or employee of a public institution of higher education shall not be penalized, discriminated against, or receive any adverse treatment due to the student's or employee's refusal to support, believe, endorse, embrace, confess, act upon, or otherwise assent to one (1) or more divisive concepts;
2. (2) A student or employee of a public institution of higher education shall not be required to endorse a specific ideology or political viewpoint to be eligible for hiring, tenure, promotion, or graduation, and institutions shall not ask the ideological or political viewpoint of a student, job applicant, job candidate, or candidate for promotion or tenure;
3. (3) A public institution of higher education shall not require an applicant for employment or admission to submit a personal diversity statement or to affirm the applicant's agreement with an institutional diversity statement as part of the application or admissions process; and
4. (4) An individual who believes that a violation of this section has occurred may pursue all equitable or legal remedies that may be available to the individual in a court of competent jurisdiction.

3 Backlinks

§ 49-7-1904. Restrictions on divisive concepts.

(a) A public institution of higher education shall not:
1. (1) Conduct any mandatory training of students or employees if the training includes one (1) or more divisive concepts;
2. (2) Use training programs or training materials for students or employees if the program or material includes one (1) or more divisive concepts;
3. (3) Use state-appropriated funds to incentivize, beyond payment of regular salary or other regular compensation, a faculty member to incorporate one (1) or more divisive concepts into academic curricula; or
4. (4) Approve or use state funds for fees, dues, subscriptions, or travel in conjunction with the membership, meetings, or activities of an organization if participation in such organization requires an individual, or an individual's employer, to endorse or promote a divisive concept.
(b)
1. (1) If a public institution of higher education employs an individual whose primary job title includes diversity, equity, or inclusion, then:
  1. (A) The institution must ensure that the employee's efforts strengthen and increase intellectual diversity and promote a climate that facilitates the free and respectful exchange of ideas; and
  2. (B) The institution must ensure that the employee's duties include efforts devoted to supporting student academic achievement and workforce readiness, such as mentoring, career readiness and support, workforce development, or other related learning support activities necessary for the academic and professional success of all students.
2. (2) Employees whose job title includes diversity, equity, or inclusion but whose primary duties require compliance with state or federal law that conflicts with subdivision (b)(1) are exempt from this subsection (b).
(c) Each public institution of higher education shall ensure that the institution complies with subsection (b). The institution shall submit a report directly to the institution's chief executive on how the institution is complying with subdivision (b)(1). If the institution is part of a university system, then the report must be submitted to the system's chief executive for review after the report is submitted to the institution's chief executive.
(d)
1. (1) A public institution of higher education shall notify students and employees of the institution on the restrictions in § 49-7-1903 and the definition of divisive concepts in § 49-7-1904 by including such information on the institution's website and on introductory materials provided by the institution to new students and employees.
2. (2) Institutions shall provide employee training to ensure compliance with this part.

1 Backlink

49-7-1904(d)(1)

§ 49-7-1905. Biennial survey. [Repealed effective July 1, 2028.]

(a) Each public institution of higher education shall conduct a biennial survey of the institution's students and employees to assess the campus climate with regard to diversity of thought and the respondents' comfort level in speaking freely on campus, regardless of political affiliation or ideology. The institution shall publish the results of the biennial survey on the institution's website.
(b) Each public institution of higher education shall present the results of each biennial survey conducted pursuant to subsection (a) to:
1. (1) The education committee of the senate when the institution's budget is presented to the committee during the next regular session of the general assembly following the institution's completion of the survey;
2. (2) The finance, ways and means committee of the house of representatives when the institution's budget is presented to the committee during the next regular session of the general assembly following the institution's completion of the survey; and
3. (3) The education administration committee and education instruction committee of the house of representatives during the next regular session of the general assembly following the institution's completion of the survey.
(c) This section is repealed on July 1, 2028.

§ 49-7-1906. Interpretation of part.

This part shall not be interpreted to:
1. (1) Prohibit public institutions of higher education from training students or employees on the non-discrimination requirements of federal or state law;
2. (2) Infringe on the rights of freedom of speech protected by the First Amendment to the United States Constitution;
3. (3) Infringe on the rights of academic freedom of faculty in public institutions of higher education;
4. (4) Require an employee of a public institution of higher education to:
  1. (A) Violate any federal or state law, rule, or regulation; or
  2. (B) Fail to comply with any applicable academic accreditation requirement;
5. (5) Prohibit an individual who provides training from responding to questions regarding one (1) or more divisive concepts, so long as the response does not endorse or advocate for divisive concepts; or
6. (6) Prohibit public institutions of higher education from promoting diversity, equity, and inclusion; provided, that such efforts are consistent with the provisions of this part.

§ 49-7-1907. Tennessee Higher Education Freedom of Expression and Transparency Act.

(a) The general assembly finds that:
1. (1) Freedom of expression and inquiry at public institutions of higher education are indispensable to the pursuit of educational excellence and the furtherance of the ordered individual liberty established in our nation's founding documents;
2. (2) Public institutions of higher education have a duty to promote and defend freedom of expression and inquiry, and educate students on the individual liberties established in our nation's founding documents;
3. (3) Public institutions of higher education should seek and foster intellectual diversity among administrators, faculty, students, and employees;
4. (4) Positively or negatively incentivizing, informally pressuring, indoctrinating, or otherwise compelling students or employees of a public institution of higher education to embrace divisive concepts is contrary to the mutual respect and collegial processes essential to the free exchange of ideas;
5. (5) Measures taken to ensure non-discrimination cannot be allowed to undermine the principles of merit and excellence in the core activities of public institutions of higher education;
6. (6) Institutional transparency and the implementation of § 49-7-1903 will help limit the potential risk of diminished excellence from our great institutions; and
7. (7) Public medical institutions of higher education best serve the state when providing meritorious education and training that positions future healthcare professionals to serve all patients adequately and to the best of their ability.
(b) A student or employee of a public institution of higher education who believes that a violation of § 49-7-1903 has occurred may file a report of the alleged violation with the institution. The institution shall investigate the report and take appropriate steps to correct any violation that is found to have occurred. Institutions shall report violations and any corrective action annually to the comptroller of the treasury through the comptroller's office of research and education accountability. A report submitted to the comptroller must be redacted, if necessary, to ensure compliance with the federal Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g); § 10-7-504; and all other relevant privacy laws.
(c)
1. (1) Subject to appropriate constitutional time, place, and manner restrictions in accordance with applicable law, for purposes of approving or scheduling usage of the institution's property, an institution shall not show bias or favoritism for or against:
  1. (A) A student group that is peaceful and requests to use the institution's property in a peaceful and lawful manner;
  2. (B) A guest speaker's, or a guest speaker's student-sponsoring group's, viewpoint, race, creed, color, religion, non-violent political ideology, or non-violent political party affiliation; or
  3. (C) A student group that, or a guest speaker who, intends to maintain a peaceful campus presence and peaceful use of the institution's property on grounds that the institution has received threatened simple breaches of the peace or non-destructive disruptions from groups or individuals who oppose the student group's or guest speaker's presence on campus.
2. (2) A public institution of higher education shall not:
  1. (A) Require a student group to pay fees or security deposits that are not charged to all other student groups; or
  2. (B) Deny a student group access to the institution's property if the property is routinely used by other student groups.
3. (3) Notwithstanding subdivision (c)(1), a public institution of higher education may restrict or deny use of the institution's property for public displays, organized public gatherings, or public demonstrations if the display, gathering, or demonstration would violate § 39-17-902 or § 49-7-2405.

§ 49-7-1908. Severability.

If any provision of this part or its application to a person or circumstance is held invalid, then the invalidity does not affect other provisions or applications of this part that can be given effect without the invalid provision or application, and to that end, the provisions of this part are severable.

Part 20 Tennessee Higher Education Authorization Act of 2016

§ 49-7-2001. Short title.

This part shall be known and cited as the “Tennessee Higher Education Authorization Act of 2016.”

§ 49-7-2002. Legislative intent.

(a)
1. (1) It is the purpose of this part to provide for the protection, education, and welfare of the citizens of this state, its postsecondary educational institutions, and its students, through regulatory oversight to ensure consumer protections are appropriately maintained, while also acknowledging the heightened standards institutions may achieve and maintain through academic accreditors.
2. (2) The commission shall accomplish the provisions of this part by:
  1. (A) Authorizing the granting of degrees, diplomas, certificates, or other educational credentials by postsecondary educational institutions and prohibiting the granting of false or misleading educational credentials;
  2. (B) Establishing minimum standards concerning the provision of education, ethical business practices, and fiscal responsibility to protect against substandard, transient, unethical, deceptive, or fraudulent institutions and practices;
  3. (C) Providing certain rights and remedies to the consuming public and the commission necessary to effectuate the purposes of this part;
  4. (D) Prohibiting misleading literature, advertising, solicitation, or representation by educational institutions or their agents; and
  5. (E) Providing formal authorization to postsecondary educational institutions that meet minimum standards and operate lawfully in compliance with this part.
(b) [Deleted by 2022 amendment.]

§ 49-7-2003. Part definitions.

As used in this part, unless the context otherwise requires:
1. (1) “Agent” means any person representing a postsecondary educational institution for payment, who solicits in any form and enrolls, or seeks to enroll, a student for education offered by an authorized institution, or offers to award educational credentials, for remuneration, on behalf of any such institution. Persons owning an interest in an institution and the institution's full-time employees and directors shall not be considered agents under this part;
2. (2) [Deleted by 2022 amendment.]
3. (3) “Authorization” means approval of a postsecondary educational institution by the commission for the institution to engage in activities or operations otherwise prohibited by § 49-7-2007;
4. (4) [Deleted by 2022 amendment.]
5. (5) “Certificate program” means, generally, one (1) or more technical courses usually completed in one (1) to twenty-six (26) weeks, or up to and including five hundred (500) contact hours normally with a single skill objective;
6. (6) “College” means:
  1. (A) A unit of a university offering specialized degrees; or
  2. (B) A postsecondary educational institution offering courses of study leading to a degree;
7. (7) “Commission” means the Tennessee higher education commission;
8. (8) [Deleted by 2022 amendment.]
9. (9) [Deleted by 2022 amendment.]
10. (10) “Education,” “educational services” or like term includes, but is not limited to, any class, course or program of training, instruction or study;
11. (11) “Educational credentials” means degrees, diplomas, certificates, transcripts, reports, documents, or letters of designation, marks, appellations, series of letters, numbers or words which signify, purport or are generally taken to signify enrollment, attendance, progress or satisfactory completion of the requirements or prerequisites for education at a postsecondary educational institution;
12. (12) “Entity” includes, but is not limited to, any company, firm, society, association, partnership, corporation and trust;
13. (13) [Deleted by 2022 amendment.]
14. (14) “Optional expedited authorization” means the alternative optional authorization available under this part to accredited postsecondary educational institutions;
15. (15) “Postsecondary educational institution” includes, but is not limited to, a school, college, university, or other type of entity offering educational credentials, instruction, educational services, or other activities as described in § 49-7-2007, primarily to persons who have completed or terminated their secondary education, or who are beyond the age of compulsory high school attendance, for the attainment of educational, professional, or vocational objectives;
16. (16) “To grant” includes awarding, selling, conferring, bestowing or giving;
17. (17) “To offer” includes, in addition to its usual meanings, advertising, publicizing, soliciting or encouraging any person, directly or indirectly, in any form to perform the act described;
18. (18) “To operate” an educational institution, or like term, means to establish, keep or maintain any facility or location in this state where, from or through which education is offered or given or educational credentials are offered or granted, and includes contracting with any person, group or entity to perform any such act; and
19. (19) “Tuition guaranty fund” or “fund” means the tuition guaranty fund created by § 49-7-2018.

2 Backlinks

§ 49-7-2004. Exempt institutions.

(a) The following education and educational institutions are exempted from this part:
1. (1) Institutions exclusively offering instruction at any or all levels from preschool through the twelfth grade;
2. (2) Education sponsored by a bona fide trade, business, professional or fraternal organization, so recognized by the commission, solely for that organization's membership or offered on a no-fee basis;
3. (3) Education solely avocational or recreational in nature, as determined by the commission, and institutions offering such education exclusively;
4. (4) Education offered by eleemosynary institutions, organizations or agencies, so recognized by the commission; provided, that the education is not advertised or promoted as leading toward educational credentials;
5. (5) Postsecondary educational institutions established, operated, and governed by this state or its political subdivisions, including approved postsecondary training schools, academies, or facilities established, operated, and governed by this state or its political subdivisions and the colleges of applied technology under the exclusive control and jurisdiction of the board of regents;
6. (6) A postsecondary educational institution that:
  1. (A) Has had its primary campus domiciled in the same state for at least twenty (20) consecutive years, continues to have its primary campus domiciled in that state, and is:
    1. (i) The primary campus;
    2. (ii) Another location of the institution in the same state where the primary campus is domiciled; or
    3. (iii) An alternate location, including a branch or satellite campus, located in a state other than the state where the primary campus is domiciled, but has been located in the state where the alternate location is presently located for at least twenty (20) consecutive years;
  2. (B) Is accredited by an accrediting agency recognized by the United States department of education and its primary campus has been accredited by a recognized accreditor for at least twenty (20) consecutive years;
  3. (C) Is chartered where its primary campus is domiciled as a not-for-profit entity and has continuously been so chartered for at least twenty (20) consecutive years;
  4. (D) Meets and maintains financial standards acceptable to the accreditor for the purpose of maintaining accreditation or to the United States department of education for the purpose of being a Title IV eligible institution; and
  5. (E) Does not engage in supervised field experiences in Tennessee without a physical location in Tennessee.
7. (7)
  1. (A) Institutions operated solely as auction schools, barber schools, schools of cosmetology, or schools of electrology; provided, that any barber school or school of cosmetology licensed or registered with the board of cosmetology and barber examiners that is eligible for or chooses to seek eligibility for federal student financial aid programs under the Higher Education Act of 1965, as amended (20 U.S.C. §§ 1001-1161aa-1) shall be subject to all requirements of this part;
  2. (B) [Deleted by 2022 amendment.]
8. (8) Institutions operated solely as schools for the study of law and subject to the approval of the board of law examiners for this state;
9. (9) Health-related educational programs conducted by state-licensed healthcare institutions;
10. (10) Educational instruction that:
  1. (A) Does not lead to a degree;
  2. (B) Is regulated by the federal aviation administration; and
  3. (C) Is offered by a postsecondary educational institution that does not require students receiving the instruction to enter into written or oral contracts of indebtedness;
11. (11) A nonprofit, regionally accredited educational institution:
  1. (A) Offering online, competency-based education to adult students;
  2. (B) Led by a chief executive or chancellor domiciled in Tennessee; and
  3. (C) With activities and operations limited to the scope of a memorandum of understanding executed with the state of Tennessee in 2013; and
12. (12) Education offered as intensive review courses of instruction previously received by students that is designed solely to prepare students for graduate or professional school entrance examinations or licensure examinations.
(b) A postsecondary educational institution exempt from this part pursuant to subdivision (a)(6) or (a)(11) loses the exemption upon the occurrence of one (1) of the following events, subject to appeal to the commission as provided in § 49-7-2012:
1. (1) Loss or failure to meet any of the listed criteria for exemption;
2. (2) Loss of Title IV federal student aid funding; or
3. (3) A three-year federal financial aid cohort default rate of thirty percent (30%) or higher for three (3) consecutive years or any single year over forty percent (40%), as reported by the United States department of education's office of postsecondary education's Integrated Postsecondary Education Data System.
(c) Notwithstanding any provision of this section to the contrary, an institution that has lost its exemption due to the occurrence of one (1) of the conditions listed in subsection (b) shall not be required to reestablish the twenty (20) consecutive year standards in order to regain the institution's exempt status. Instead, the commission may reinstate the exemption once the condition that caused the loss of exemption has, in the opinion of the commission, been remedied.
(d) The general assembly recognizes that an institution that meets the requirements of subdivisions (a)(6) and (a)(11) is established by name as an educational institution and is authorized to operate educational programs beyond secondary education. The commission shall provide notification of same to an institution upon completion of an exemption determination request. The commission shall maintain and publish on its website a list of postsecondary educational institutions meeting the requirements of subdivision (a)(6) with its primary campus domiciled in this state or subdivision (a)(11).

2 Backlinks

§ 49-7-2005. Commission — Powers and duties.

(a) The commission has the power and duty to:
1. (1) Establish minimum standards in conformity with § 49-7-2006, concerning the provision of education, ethical business practices, and fiscal responsibility, that applicants for authorization must meet before the authorization may be issued, and to continue the authorization in effect. The standards must effectuate the purposes of this part, but the standards shall not unreasonably hinder legitimate educational innovation;
  1 Backlink
  - 49-7-2007(3)
2. (2) Receive, investigate as the commission deems necessary, and act upon applications for authorization of postsecondary educational institutions;
3. (3) Maintain a list of postsecondary educational institutions authorized to operate in this state under this part. This list must be available to the public;
4. (4) Negotiate and enter into interstate reciprocity agreements with similar agencies in other states, if, in the judgment of the commission, the agreements are, or may be, helpful in effectuating the purposes of this part; provided, that nothing contained in the reciprocity agreement must be construed as limiting the commission's powers, duties, and responsibilities with respect to independently investigating, or acting upon, an application for authorization or an application for renewal of the authorization for a postsecondary educational institution, or with respect to the enforcement of any provision of this part or any of the rules or regulations promulgated pursuant to this part;
5. (5) Receive, maintain as a permanent file, and distribute pursuant to a lawful request for, copies of academic records in conformity with § 49-7-2016;
6. (6) Promulgate rules, performance standards, and procedures necessary or appropriate for the conduct of its work and for the implementation of this part, and to hold hearings as it deems advisable or as required by law in developing the rules and procedures. The rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. The commission may, through rulemaking, delegate its powers and duties, as described in this part, to the executive director or to the commission's staff;
  1 Backlink
  - 49-7-2007(3)
7. (7) Investigate, as it deems necessary, on its own initiative, or in response to a complaint lodged with it, any person, group, or entity subject to, or reasonably believed by the commission to be subject to, the jurisdiction of this part, and in connection with the investigation; to subpoena any persons, books, records, or documents pertaining to the investigation, which subpoenas must be enforceable by a court of this state; to require answers in writing under oath to questions propounded by the commission; to administer an oath or affirmation to a person in connection with an investigation; and to hold hearings as it deems advisable or as required by law in aid of an investigation or inquiry; and
8. (8) Exercise other powers and duties implied, but not enumerated in this subsection (a), but in conformity with this part that, in the judgment of the commission, are determined necessary to carry out this part.
1 Backlink
- 49-7-2006(b)(1)
(b) The commission may require as part of the application for initial authorization of a postsecondary educational institution criminal background checks for all owners and directors of institutions not accredited by an accrediting agency recognized by the United States department of education. The results of the background checks under this section shall be confidential and not open to public inspection.
(c) The commission may employ other employees it deems necessary to discharge the duties imposed by this part and shall prescribe their duties and, within budgetary limitations, fix their compensation, subject to the approval of the commissioners of finance and administration and human resources.
(d) To effectuate the purposes of this part, the commission may request from any department, division, board, bureau, agency or commission, and the department, division, board, bureau, agency or commission shall provide, information that will enable the commission to exercise properly its powers and perform its duties under this part.

§ 49-7-2006. Minimum standards for authorization.

(a) An authorized postsecondary educational institution must be maintained and operated, or, in the case of a new institution, demonstrate that it can be maintained and operated, in compliance with the following minimum standards:
1. (1) The content of each course or program of instruction, training, or study may reasonably and adequately achieve the stated objective for which the course or program is offered;
2. (2) The institution has adequate space, equipment, instructional materials, and personnel;
3. (3) The education and experience qualifications of directors, administrators, supervisors, and instructors may reasonably ensure that the students will receive education consistent with the objectives of the course or the program of study;
4. (4) Prior to signing an enrollment agreement, the institution provides prospective students a catalog containing information describing the programs offered by the institution; the objectives of the programs; the length of the programs; the schedule of tuition, fees, and all other charges and expenses necessary for completion of a course of study; the institution's cancellation and refund policies; and other material facts concerning the institution and the programs or courses of study that are reasonably likely to affect the decision of the student to enroll in the institution, together with any other disclosures specified by the commission or defined in the commission's rules;
  1 Backlink
  - 49-7-2008(a)(2)
5. (5) Upon satisfactory completion of instruction, the student is given appropriate educational credentials by the institution, indicating that the student has satisfactorily completed the course or program of study;
6. (6) Adequate records are maintained by the institution to show attendance, progress, or grades, and that satisfactory standards are enforced relating to attendance, progress, and performance;
7. (7) The institution is maintained and operated in compliance with all pertinent ordinances and laws, including any rules and regulations adopted pursuant to the ordinances and laws, relative to zoning and the safety and health of persons upon the premises;
8. (8) The institution is financially sound and capable of fulfilling its commitments to students;
9. (9) Neither the institution nor its agents engage in advertising, sales, collection, credit, or other practices of any type that are false, deceptive, misleading, or unfair;
10. (10) The institution has a fair and equitable cancellation and refund policy; and
11. (11) No principal party involved in the applicant institution has ever been associated as a principal party or owner in any postsecondary educational institution that ceased its activities or operations with a resulting loss of time or money for enrollees in the institution.
1 Backlink
- 49-7-2007(3)
(b)
1. (1) For postsecondary educational institutions, accreditation by an accrediting agency recognized by the United States department of education may be accepted by the commission as evidence of compliance with the minimum standards established under this section and the criteria to be established under § 49-7-2005(a); provided, that the commission may require further evidence and make further investigation that in its judgment may be necessary.
2. (2) Accreditation by a recognized accrediting agency may be accepted as evidence of compliance only as to the portion or program of an institution accredited by the agency if the institution as a whole is not accredited.
(c) The commission is not required to authorize an institution under this chapter, if, in its judgment, adequate provisions for the institution or its programs exist within the proposed service area. The commission is not required to authorize an institution, if, in its judgment, there is insufficient evidence that adequate employment opportunities exist in the related occupations for persons successfully completing the institution's programs, or if the costs of a program are unreasonable in relation to the reasonably expected earnings in occupations for which the program is designed.

1 Backlink

49-7-2005(a)(1)

§ 49-7-2007. Prohibited acts.

A postsecondary educational institution, alone or in concert with any person, agent, group, or entity, shall not:
1. (1) Operate a postsecondary educational institution in this state that is not exempted from this part, unless the postsecondary educational institution has a current and valid authorization issued pursuant to this part;
2. (2) Offer as, or through an agent, enrollment or instruction in, or the granting of educational credentials from, a postsecondary educational institution outside this state that is not exempted from this part, unless the postsecondary educational institution has a current and valid authorization issued pursuant to this part;
3. (3) Instruct or educate, or offer to instruct or educate, including advertising or soliciting for such purpose; enroll, or offer to enroll; contract, or offer to contract, with a person for such purpose; or award an educational credential or contract with an institution or party to award an educational credential in this state, regardless of whether the agent or postsecondary educational institution is located within this state, unless the agent or postsecondary educational institution observes and is in compliance with the minimum standards set forth in § 49-7-2006(a), the standards established by the commission pursuant to § 49-7-2005(a)(1), and the rules promulgated by the commission pursuant to § 49-7-2005(a)(6);
4. (4) Use “university” or other terminology, without authorization to do so from the commission, that could mislead the general public; or
5. (5) Grant, or offer to grant, educational credentials, unless the postsecondary educational institution has a current and valid authorization issued pursuant to this part.

4 Backlinks

§ 49-7-2008. Authorization to operate.

(a)
1. (1) Each postsecondary educational institution creating a physical presence in Tennessee must apply for authorization with the commission on forms provided by the commission pursuant to this section or § 49-7-2022(a). When physical presence activities or operation is not the result of instruction at a postsecondary educational institution location as determined by the commission, such as supervised field experiences or similar activities or operations, then the postsecondary educational institution location from which the educational credential is awarded must be the authorized location.
2. (2) The application must be accompanied by a catalog published or proposed to be published by the institution containing the information specified in § 49-7-2006(a)(4), including information required by the rules of the commission.
3. (3) The application must be accompanied by evidence of a surety bond, as required by this part, and payment of the fees specified in the bond.
(b)
1. (1) After reviewing the application and any additional information submitted by the applicant or required by the commission, and after the investigation of the applicant as the commission deems necessary or appropriate, the commission shall either grant or deny authorization to the applicant.
2. (2) A grant of authorization may be on the terms and conditions specified by the commission.
(c) The authorization must be in a form approved by the commission and must state in a clear and conspicuous manner, at a minimum, the following:
1. (1) The date of issuance, the effective date, and the term of approval;
2. (2) The correct name and address of the institution authorized;
3. (3) The authority for approval and conditions of approval, if any; and
4. (4) Any limitation of the authorization, as deemed necessary by the commission.
(d) The term for which authorization is given shall not extend for more than six (6) years, and may be issued for a lesser period of time as provided in subdivision (b)(2) or as otherwise determined by the commission. An institution that receives multi-year authorization shall annually submit a certification of compliance on a form provided by the commission, and pay the requisite fee by the date established by the commission.
(e)
1. (1) The authorization must be issued to the owner or governing body of the applicant institution and is nontransferable.
2. (2) In the event of a change in ownership of the institution, the new owner or governing body shall, within five (5) business days after the change in ownership, apply for a new authorization as provided for by the commission, and in the event of a failure to do so, the institution's authorization is terminated.
3. (3) As used in this section, “ownership” means:
  1. (A) In the case of a postsecondary educational institution owned by an individual, the individual;
  2. (B) In the case of a postsecondary educational institution owned by a partnership, all partners, whether full, silent, or limited;
  3. (C) In the case of a postsecondary educational institution owned by a corporation or other for-profit legal entity, the individuals or entities with an immediate controlling interest in the corporation or for-profit legal entity; and
  4. (D) In the case of a postsecondary educational institution owned by a not-for-profit or nonprofit entity, the executive committee of the governing board of each respective entity.
(f)
1. (1) Prior to an authorization's expiration, the institution shall complete and file an application for renewal of its authorization with the commission on forms provided by the commission.
2. (2) Before an authorization is renewed, the commission may require the institution to submit the results of an institutional self study, as defined by the commission.
3. (3) The commission may require an institution to publish placement rates and other information indicating actual employment and earnings in relevant occupations post successful completion of the institution's offered programs.
(g)
1. (1) An institution that is not yet engaged in activities or operating when its application for authorization is filed with the commission shall not begin to engage in activities or operate until receipt of authorization.
2. (2) An institution engaged in activities or operating when its application for authorization is filed may continue its activities or operation until its application is acted upon by the commission; provided, that the institution's activities or operations are governed by the action of the commission.
3. (3) Provisional initial authorization may be granted by the executive director subject to review and ratification by the commission. Provisional initial authorization must list any limitations as to time, procedures, functions, or other conditions as deemed necessary by the commission.

1 Backlink

49-7-2022(j)

§ 49-7-2009. [Repealed]

§ 49-7-2010. Deferment or denial of application — Revocation of Institution authorization or program registration — Conditional institutional authorization or program registration.

(a)
1. (1) If the commission, upon review and consideration of an application for institutional authorization, program registration, or other application, determines that the applicant fails to meet the criteria established as provided in this part or as provided in the rules promulgated pursuant to this part, then the commission shall notify the applicant, provide, in writing, the reasons for which the applicant failed to meet the criteria, and defer or deny the application.
2. (2) The commission may grant an applicant an extension of time, of reasonable duration, in which the applicant may eliminate the reasons for deferral contained in the statement of deferral, if the applicant has demonstrated, to the satisfaction of the commission, the applicant's desire to meet the requirements of this part or the rules promulgated pursuant to this part to the satisfaction of the commission and if, in the judgment of the commission, the applicant may reasonably meet the requirements and criteria within that time.
(b)
1. (1) Institution authorization or program registration may be revoked or made conditional as necessary to achieve compliance, or to protect the public interest, at any time after its issuance, if the commission or executive director has reasonable cause to believe that the holder of the institution authorization or program registration has violated, or is violating, this part or any rules promulgated pursuant to this part.
2. (2) The commission may direct the institution to cease admission of additional students at the institution, or may direct other action as necessary, until, in the judgment of the commission, the institution is being maintained and operated in compliance with minimum standards. This section shall not be construed to absolve institutions of their educational and financial obligations to prospective or enrolled students.

2 Backlinks

§ 49-7-2011. Complaints against institution or agent.

(a)
1. (1) A person claiming damage or loss as a result of an act or practice of an authorized postsecondary educational institution or its agent, or both, that is a violation of this part or of the rules promulgated pursuant to this part, may file with the commission a verified complaint against the institution or against its agent, or both. A student who files a complaint pursuant to this subsection (a) must first exhaust the grievance process at the institution.
2. (2) The complaint must set forth the alleged violation and must contain any other information required by the commission.
3. (3) The commission may open a complaint at its discretion or upon a request from the attorney general and reporter whenever it appears to the commission that a person, agent, group, or entity is, is about to, or has been violating this part or any of the rules promulgated pursuant to this part.
(b)
1. (1) Commission staff shall investigate all complaints filed or opened pursuant to subsection (a) and shall attempt to effectuate resolution of the complaint by persuasion and conciliation.
2. (2) When resolution is not reached and if, based on all of the evidence obtained through the investigation, commission staff finds that a person, agent, group, or entity is, is about to, or has been violating this part or any of the rules promulgated pursuant to this part, commission staff may recommend that the executive director take action as provided for in §§ 49-7-2010 and 49-7-2017. A party to the complaint must be provided an opportunity to show cause why the recommendations, if any, should not be forwarded to the executive director. The opportunity to show cause must detail the basis for the findings and provide a party with no fewer than ten (10) days to respond.
3. (3) The executive director shall act on the recommendation after the time for response in subdivision (b)(2) has expired by providing written notice of the decision to all parties to the complaint. The notice must explain the right to a hearing and review of the decision by the commission as provided in § 49-7-2012(a).
(c) This section shall not be construed to prohibit the use of nonbinding mediation to settle disputes arising between a postsecondary educational institution and its enrollees, nor the inclusion of a nonbinding mediation clause in enrollment contracts or agreements.

1 Backlink

49-7-2012(a)(1)

§ 49-7-2012. Administrative review — Judicial review.

(a)
1. (1) A person, agent, group, or entity aggrieved or adversely affected by a decision of the executive director that results in adverse action, as described in §§ 49-7-2010, 49-7-2011, and 49-7-2017, being taken has the right to a hearing and review of the decision by the commission as provided in this subsection (a).
2. (2) If, upon written notification of an adverse action being taken by the executive director, the aggrieved party desires a hearing and review by the commission, then the party must notify the commission, in writing, within ten (10) days of the date of the adverse action, otherwise the action is deemed the final action and no further review is available.
3. (3) Upon receiving notice from the aggrieved party, the commission shall fix the time and place for a hearing and notify the aggrieved party of the time and place of the hearing.
4. (4) At the hearing, the party may employ counsel, has the right to hear the evidence upon which the adverse action is based, and present evidence in opposition or in extenuation. The commission may request that a hearing officer from the secretary of state be appointed to issue an initial order or a member of the commission may preside, except where a clear conflict of interest may be demonstrated.
5. (5) A decision of the commission or of a hearing officer following a hearing is not a final decision until it is final under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. The commission shall promptly act on all matters presented at the hearing, as provided in this subsection (a). The commission shall notify all parties in writing of the decision, which must include a statement of findings and conclusions upon all material issues of fact, law, or discretion presented at the hearing and the appropriate rule, order, sanction, relief, or denial thereof.
1 Backlink
- 49-7-2011(b)(3)
(b) A person, agent, group, or entity aggrieved or adversely affected by a final commission action may obtain judicial review of the action as provided in this section.
(c)
1. (1) An action for judicial review may be commenced in any court of competent jurisdiction in accordance with the Tennessee rules of civil procedure within thirty (30) days after the commission action becomes effective.
2. (2) Upon a finding that irreparable injury would otherwise result, the commission, upon application therefor, shall postpone the effective date of its action pending judicial review; or the reviewing court, upon such security, if any, as the court shall find necessary, shall issue appropriate process to postpone the effective date of the commission's action or to preserve the rights of the parties pending conclusion of the review proceedings.
3. (3) The record on review, unless otherwise stipulated by the parties, shall include the original or certified copies of all pleadings, applications, evidence, exhibits and other papers presented to or considered by the commission, and the decision, findings and action of the commission. As to alleged procedural irregularities, evidence may be taken independently by the court.
4. (4) If the court finds no error, it shall affirm the commission's action. The court shall hold unlawful and set aside the commission action, and afford such relief as may be appropriate if it finds that the action was:
  1. (A) Arbitrary or capricious;
  2. (B) A denial of statutory right;
  3. (C) Contrary to constitutional right, power, privilege or immunity;
  4. (D) In excess of statutory jurisdiction, authority, purposes or limitation;
  5. (E) Not in accordance with the procedures or procedural limitations of this part or otherwise required by law;
  6. (F) An abuse or clearly unwarranted exercise of discretion;
  7. (G) Unsupported by substantial evidence when the record is considered as a whole; or
  8. (H) Otherwise contrary to law.
5. (5) The decision of the trial court shall be subject to appellate review in the same manner and with the same effect as in appeals from a final judgment or decree in any other civil action.

3 Backlinks

§ 49-7-2013. Bond requirements.

(a)
1. (1) At the time an application is made for authorization, or for renewal of the authorization, the commission may require the postsecondary educational institution making the application to file with the commission a good and sufficient surety bond in a penal sum in the amount of ten thousand dollars ($10,000) or another sum as provided by the commission. The bond must be executed by the applicant as principal and by a corporate surety company qualified and authorized to do business in this state.
2. (2) A cash surety bond in the applicable amount on deposit in this state in a bank or savings and loan association that is federally insured may be filed instead of the corporate bond, subject to approval by the commission. The cash surety bond must be payable upon demand by the commission under the same conditions specified in this section for corporate bonds and not subject to withdrawal without the approval of the commission.
3. (3) The bond must be conditioned to:
  1. (A) Initially provide indemnification to a student or enrollee, or the student's or enrollee's parent or guardian, or a class thereof, determined to have suffered loss or damage as a result of an act or practice by the postsecondary educational institution that is a violation of this part, and the bonding company shall pay a final, nonappealable judgment rendered by the commission or a court of this state having jurisdiction, upon receipt of written notification of the judgment; and
  2. (B) Subsequent to the initial conditions outlined in subdivision (a)(3)(A), pay any remaining funds to the special agency account established pursuant to § 49-7-2014 in an amount to be assessed by the commission for the administrative costs associated with maintaining academic records pursuant to § 49-7-2016, including the collection, conversion, and retention of all academic records.
4. (4) Regardless of the number of years that the bond is in force, the aggregate liability of the surety on the bond shall not exceed the penal sum of the bond.
5. (5) The bond must be continuous.
(b)
1. (1) The corporate surety bond required to be filed under this section must cover the period of the authorization, except when a surety is released as provided in this section.
2. (2) A surety on a bond filed under this section may be released from the bond after the surety serves written notice of the release to the commission sixty (60) days prior to the release. The release shall not discharge or otherwise affect a claim filed by a student or enrollee, or the student's or enrollee's parent or guardian, for loss or damage resulting from an act or practice that is a violation of this part that is alleged to have occurred while the bond was in effect, or affect an institution's ceasing activities or operations during the term for which tuition has been paid while the bond was in force.
3. (3) A cash surety bond must remain on file for one (1) year after the expiration of the period of authorization. The expiration or withdrawal of the cash bond shall not serve to diminish or nullify the rights of claimants. The claimants have the same rights as claimants have against a postsecondary educational institution that filed a corporate surety bond that was subsequently released, as described in this section.
(c) Authorization is conditional, subject to revocation, by operation of law when the institution is no longer covered by a surety bond as required by this section. The commission shall cause the institution to receive at least thirty (30) days' written notice that the authorization is to become conditional, subject to revocation, by operation of law until another surety bond is filed in the same manner, and in a like amount, as the bond being terminated; however, absent exceptional circumstances, a postsecondary educational institution shall not continue to engage in activities or operations without a surety bond for more than ninety (90) days.

2 Backlinks

§ 49-7-2014. Fees.

(a) The commission is authorized to set fees annually based on the intent to collect revenues sufficient to fully fund all costs of this regulatory function.
(b) All fees collected pursuant to this part shall be deposited in the state treasury credited to a special agency account to administer this part.
(c) The fees collected by the commission must accompany an application for authorization of an institution, or other application or request, in accordance with the schedule set out in the rules promulgated pursuant to this chapter. All fees must be stated as a flat fee.
(d) Eligible institutions pursuing optional expedited authorization from the commission shall be subject to a flat annual fee collected by the commission and shall be exempt from all other fees under this part.

2 Backlinks

§ 49-7-2015. Student loans.

(a)
1. (1) If the person to whom educational services are to be rendered or furnished by a postsecondary educational institution is a resident of this state at the time any contract relating to payment for the services, or any note, instrument or other evidence of indebtedness relating to the contract, is entered into, this subsection (a) shall govern the rights of the parties to the contract or evidence of indebtedness.
2. (2) In such event the following agreements entered into in connection with the contract or the giving of such evidence of indebtedness are invalid:
  1. (A) That the law of another state shall apply;
  2. (B) That the maker or any person liable on such contract or evidence of indebtedness consents to the jurisdiction of another state;
  3. (C) That another person is authorized to confess judgment on the contract or evidence of indebtedness; or
  4. (D) That fixes venue.
3. (3) A note, instrument, or other evidence of indebtedness or contract relating to payment for education or educational services shall not be enforceable in the courts of this state by any postsecondary educational institution engaged in activities or operations in this state unless the institution is authorized under this part.
(b)
1. (1) For purposes of this subsection (b), “lending agency” means any postsecondary educational institution, or any person, group or entity controlling, controlled by or held in common ownership with the institution, or regularly loaning money to, or to students of, the institution.
2. (2) Any lending agency extending credit or loaning money to any person for tuition, fees or any charges whatever of a postsecondary educational institution for educational or other services or facilities to be rendered or furnished by the institution, shall cause any note, instrument or other evidence of indebtedness taken in connection with the loan or extension of credit to be conspicuously marked on the face of the note, instrument or other evidence of indebtedness, “Student Loan.” A lending agency that fails to do so is liable for any loss or damage suffered or incurred by any subsequent assignee, transferee or holder of the evidence of indebtedness on account of the absence of the notation.

1 Backlink

49-7-2022(f)

§ 49-7-2016. Discontinuation of activities or operations of postsecondary educational institution.

(a) If a postsecondary educational institution engaged in activities or operating in this state proposes to discontinue its activities or operations in this state, then the owner or chief administrative officer, by whatever title designated, of the institution shall file with the commission the original, or legible true copies, of all academic records of the institution as specified by the commission.
(b) The academic records must include, at a minimum, the transcripts or certificates in a format that is customarily required by postsecondary educational institutions when considering students for transfer or advanced study, or by other third parties, such as employers.
(c) If it appears to the commission that the academic records of an institution that is discontinuing its activities or operations are in danger of being destroyed, secreted, mislaid, or otherwise made unavailable, then the commission may seize and take possession of the records, on its own motion, and with or without order of a court.
(d) The commission shall maintain, or cause to be maintained, a permanent file of the transcripts or certificates provided by subsection (b) that come into its possession.
(e) As an alternative to the deposit of the records with the commission, the institution may propose a plan to the commission for permanent retention of the records. The plan must be put into effect if it is approved by the commission.
(f) When a postsecondary educational institution engaged in activities or operations in this state proposes to discontinue its activities or operations in this state, the institution shall create a teach-out plan that is acceptable to the commission, by which the institution's educational obligations to its students may be fulfilled, and shall provide any material requested by the commission, such as the institution's current catalog, student list, and unearned tuition data.

5 Backlinks

§ 49-7-2017. Fines, penalties and enforcement.

(a)
1. (1) A person, group, or entity, or any owner, officer, agent, or employee of a person, group, or entity, that violates a provision of this part or the rules promulgated pursuant to this part is subject to a civil penalty not to exceed five hundred dollars ($500) for the violation.
2. (2) Each day's failure to comply is a separate violation.
3. (3) The fine may be imposed by the commission, as otherwise provided for in this part, or by a court of competent jurisdiction.
(b)
1. (1) Any person, group or entity, or any owner, officer, agent or employee of any person, group or entity, that willfully violates § 49-7-2007 or willfully fails or refuses to deposit with the commission the records required by § 49-7-2016, commits a Class C misdemeanor.
2. (2) Each day's failure to comply with § 49-7-2007 or § 49-7-2016 is a separate violation.
3. (3) The criminal sanctions may be imposed by a court of competent jurisdiction in an action brought by the attorney general and reporter or a district attorney general pursuant to subsections (d) and (e).
(c)
1. (1) Any postsecondary educational institution not exempt from this part, whether or not a resident of or having a place of business in this state, that instructs or educates or offers to instruct or educate, enrolls or offers to enroll, or contracts or offers to contract to provide instructional or educational services in this state, whether the instruction or services are provided in person or by correspondence, to a resident of this state, or that offers to award or awards any educational credentials to a resident of this state, submits the institution, and, if a natural person, the person's personal representative, to the jurisdiction of the courts of this state, concerning any cause of action arising therefrom, and for the purpose of enforcement of this part by injunction pursuant to subsections (d) and (e).
2. (2) Service of process upon any such institution subject to the jurisdiction of the courts of this state may be made by personally serving the summons upon the defendant within or outside this state, in the manner prescribed by the Tennessee rules of civil procedure.
(d) The attorney general and reporter, or the district attorney general of any district in which a postsecondary educational institution or an agent of the institution is found, at the request of the commission or on the attorney general and reporter's or district attorney general's own motion, may bring any appropriate action or proceeding, including injunctive proceedings, or criminal proceedings pursuant to subsection (b) in any court of competent jurisdiction for the enforcement of this part.
(e)
1. (1) Whenever it appears to the commission that any person, agent, group or entity is, is about to or has been violating this part or any of the lawful rules, regulations or orders of the commission, the commission may, on its own motion or on the written complaint of any person, file a petition for injunction in the name of the commission in any court of competent jurisdiction in this state against the person, group or entity, for the purpose of enjoining the violation or for an order directing compliance with this part and all rules, regulations and orders issued under this part.
2. (2) It is not necessary that the commission allege or prove that it has no adequate remedy at law.
3. (3) The right of injunction provided in this subsection (e) shall be in addition to any other legal remedy the commission has, and shall be in addition to any right of criminal prosecution provided by law; provided, that the commission shall not obtain a temporary restraining order without notice to the person, group or entity affected.
4. (4) The existence of commission action with respect to alleged violations of this part shall not operate as a bar to an action for injunctive relief pursuant to this subsection (e).
(f) If a person, agent, group, or entity fails to comply with this part or with the rules promulgated pursuant to this part, then the person, agent, group, or entity may be ordered to cease and desist from the noncompliant act or practice and may be required to reimburse a complainant full or partial restitution for the damage or loss resulting from the noncompliant action.

2 Backlinks

§ 49-7-2018. Tuition guaranty fund — Establishment — Board — Fees.

(a) The general assembly recognizes:
1. (1) The need to establish a fund from which reimbursement can be made to students who reside in Tennessee or attend an authorized location with a Tennessee address, or an entity making loans to those students at postsecondary educational institutions that close without earning tuition collected from enrollees; and
2. (2) That the moneys for the fund can be most properly raised based on the level of tuition collections at each such educational institution.
(b) There is established the tuition guaranty fund, which is established in the state treasury as a separate, revolving, nonreverting agency account for the purpose of receiving fees and paying claims authorized by this section. The moneys in the fund shall be invested by the state treasurer, as are other state funds, and any interest so obtained shall be added to the fund. Payments out of the fund shall be made by warrant of the state treasurer, as directed by the board of directors of the tuition guaranty fund.
(c) There is established the board of directors of the tuition guaranty fund, which must be composed of the comptroller of the treasury, the commissioner of finance and administration, the state treasurer, the executive director of the Tennessee higher education commission, and a representative of the private postsecondary education industry named by the chair of the commission, or their respective designees, if so designated in writing. The state treasurer or the state treasurer's designee serves as the chair. The board may take any actions necessary to administer the fund, including the promulgation of rules and bylaws. The board shall report annually to the general assembly and governor on the condition of the fund.
(d)
1. (1) There is imposed on each postsecondary educational institution authorized under this part, unless the institution is exempt under § 49-7-2004, a tuition guaranty fund fee in accordance with the schedule set out in the rules promulgated pursuant to this chapter.
2. (2) The fee must be based on tuition collections, however described, in the previous fiscal year, unless the board determines that a different time measure is more appropriate for an institution. The fee must be paid to the tuition guaranty fund by May 15 each year; provided, that the board may establish an alternative date to account for variations in institutional programs and schedules. The board may also establish late payment penalties by rule.
(e) At such time as the board, in its discretion, determines that the fund is adequately funded to insure against institutional closure, the board may suspend collection of the fee, but may institute it at such time as the fund balance drops below a predetermined minimum balance. For a new postsecondary educational institution that begins engaging in activities or operations in this state after July 1, 2006, the institution must meet bonding requirements, as specified in § 49-7-2013, and pay guaranty fund assessments as specified in subsection (d), for at least six (6) years.
(f) If an institution participating in the fund goes into bankruptcy or ceases activities or operations in this state without completing its educational obligations or reimbursing its students, then the board may reimburse valid claims of students for tuition paid to that institution, in accordance with guidelines and rules established by the board. As a condition of receiving reimbursement from the fund, a student must agree to subrogate the student's right of recovery against the institution to the board.
(g) The board is authorized to audit the accounts of any institution covered under this section to ascertain the correctness of any tendered fee and to take appropriate actions, through the attorney general and reporter, to enforce its rights and responsibilities under this section.

2 Backlinks

§ 49-7-2019. Notification and internet posting of graduation, job placement and tuition information.

(a) Information related to graduation, job placement, and tuition costs that institutions are required to provide the commission must also be provided, in writing, to a prospective student for the specific field of study in which the student is considering enrolling.
(b) An institution shall post on the institution's website tuition cost information and a link to the commission's webpage that provides graduation rates and statistics on credential attainment for institutions along with a reference to the availability of graduation rates and statistics on credential attainment.

§ 49-7-2020. Addendum to enrollment agreement regarding conditional basis of institution's authorization to operate.

(a)
1. (1) Authorized postsecondary educational institutions shall provide an addendum to any enrollment contract or agreement entered into on or after notification is received by the institution of a final decision by the commission that its authorization or reauthorization is on a conditional basis; provided, that the final decision includes a determination by the commission that public disclosure is necessary to protect the public interest. A final decision of the commission may be reviewed as provided for in § 49-7-2012. The addendum must notify the student of the conditional authorization. The addendum must be entitled “Notice of Conditional Authorization” and must be signed and dated by the student.
2. (2) If the institution has been notified of a final decision to place it on conditional authorization as provided in subdivision (a)(1), then the statement must explicitly set forth the standards that the institution failed to meet and the conditions under which the executive director or the commission placed the institution on conditional authorization. The commission shall specify in the final decision the matters required to be disclosed in the statement. The statement must also state that continued failure to meet the conditions may result in revocation of authorization. All information concerning conditional authorization must be in bold face type.
(b) The information required under subsection (a) shall also be posted on the institution's website in bold face type.

§ 49-7-2021. Use of word “college” in institution's name.

An accredited postsecondary educational institution may not use the word “college” in its name without a qualifier, unless the institution:
1. (1) Meets the definition of “college” in § 49-7-2003;
2. (2) Has been approved by an accrediting body recognized by the United States department of education to offer degree level programs; and
3. (3) Offers or is seeking approval to offer at least one (1) degree program.

§ 49-7-2022. Optional expedited authorization.

(a)
1. (1) Postsecondary educational institutions accredited by an institutional accrediting agency recognized by the United States department of education may apply for optional expedited authorization as provided for in this part.
2. (2) Provisional initial optional expedited authorization may be granted by the executive director or commission staff subject to review and ratification by the commission. Provisional authorization must contain limitations as to time, procedures, functions, and other conditions as deemed necessary.
3. (3) The term for which authorization is given shall not extend for more than six (6) years and may be issued for a lesser period of time on terms and conditions specified by, or otherwise determined by, the commission. An institution that receives multi-year authorization shall annually submit a certification of compliance on a form provided by the commission, and shall pay the requisite fee by the date established by the commission.
1 Backlink
- 49-7-2008(a)(1)
(b) Optional expedited authorization is available to postsecondary educational institutions that submit the following documentation to the commission:
1. (1) Evidence of accreditation from an institutional accrediting agency recognized by the United States department of education indicating that the location for which authorization is being sought is accredited or properly recognized by the accreditor;
2. (2) Documentation evidencing an established, clearly articulated, and comprehensive process for the resolution of consumer complaints;
3. (3) Documentation evidencing that the institution is authorized or exempt from authorization in the state where it is primarily located, if the institution is not authorized in this state;
4. (4) A signed application for optional expedited authorization on a form provided by the commission;
5. (5) Documentation evidencing all requisite program approvals from other state licensing boards or commissions, if applicable; and
6. (6) Documentation evidencing that the institution meets and maintains financial standards and institutional stability acceptable by the accreditor for the purpose of maintaining accreditation or by the United States department of education for the purpose of being a Title IV eligible institution.
(c) Upon the receipt of an institution's application, the commission shall conduct a detailed review and verification and, upon satisfactory examination of all submitted documentation, issue an optional expedited authorization subject to this section.
(d) If the commission, upon review and consideration of the application, determines that the applicant is not eligible and fails to meet the optional expedited authorization criteria established in this section, then the commission shall notify the applicant of its decision to deny the application and set forth the reasons for the denial in writing.
(e) Issuance of optional expedited authorization must demonstrate full compliance with the minimum standards established under this part and fulfill all of the requirements for the institution's state authorization.
(f) Institutions satisfying the requirements of this section and receiving optional expedited authorization shall not be subject to any other authorization requirements under this part, but remain subject to §§ 49-7-2012, 49-7-2013, 49-7-2014, 49-7-2015, 49-7-2016, and 49-7-2018.
(g) To assist the commission with its duty of consumer protection, any institution receiving optional expedited authorization under this section shall:
1. (1) Timely report to the commission any illegal or unethical conduct by employees, agents, contractors, or third-party service providers related to the delivery of educational programs and services to students, including any corrective action and remedies taken by the institution;
2. (2) Notify the commission, within five (5) business days, of:
  1. (A) An action taken by an accrediting agency with regard to the institution's accreditation status, including revocation, suspension, probation, warning, or similar action;
  2. (B) The institution's receipt of notice of legal action involving the institution, or its parent entity if applicable, and Tennessee students, related to the delivery of educational programming or student or consumer practices, including class action lawsuits;
  3. (C) The institution's use of a letter of credit or a cash management agreement with the United States department of education;
  4. (D) A governmental agency's public announcement of an investigation of the institution. The institution shall notify the commission whether the investigation is related to the institution's academic quality, financial stability, or student or consumer practices;
  5. (E) A change of ownership; or
  6. (F) A change of institutional director;
3. (3) Provide any information requested by the commission necessary to monitor the institution's eligibility for optional expedited authorization;
4. (4) Provide complaint resolution policies and procedures to the institution's students, and cooperate with the commission in the investigation or resolution of student complaints; and
5. (5) Provide the following data, subject to the commission's requirements:
  1. (A) Student-level data on enrollment and credential attainment;
  2. (B) Job placement data;
  3. (C) Costs of attendance;
  4. (D) Federal student cohort default rates; and
  5. (E) A comprehensive list of all programs offered at the institution.
(h) Optional expedited authorization remains available only to those institutions maintaining the eligibility standards required under this section. Optional expedited authorization must be issued to the owner or governing body of the applicant institution and is nontransferable. If the institution's ownership changes, then the new owner or governing body must apply for a new authorization as provided for by the commission. The commission shall terminate an institution's authorization if the institution fails to apply for a new authorization following a change in the institution's ownership.
(i) The commission may revoke, or make conditional, an issued optional expedited authorization for:
1. (1) Loss of, or failure to meet, any of the listed criteria for authorization in subsection (b);
2. (2) Just cause; or
3. (3) Failure to fulfill the requirements in subsection (g).
(j) Immediately upon the commission's revocation of an institution's optional expedited authorization, the institution is subject to all remaining provisions of this part, applicable administrative rules and procedures for issuance of authorization, and must reapply for authorization under § 49-7-2008. An institution for which the commission revokes an optional expedited authorization is ineligible to reapply for optional expedited authorization until the commission determines that the institution has resolved each of the grounds for revocation.
(k) The commission may investigate any signed student complaint involving postsecondary educational institutions authorized under this section; provided, however, that initial responsibility for the investigation and resolution of complaints resides with the institution against which the complaint is made. Once the institution's complaint process is exhausted, the commission may investigate and coordinate resolution of any student complaint with the assistance of other government agencies, as necessary.
(l) The commission shall develop, and make available on its website, graduation rates and statistics on credential attainment for institutions authorized under this section and include a hyperlink on its website to each institution's website.
(m) An institution authorized under this section shall develop and make available to the public on the institution's website the most up-to-date version of the following information:
1. (1) Costs of attendance;
2. (2) Information on whether academic credits attained are transferable to other institutions operating in Tennessee;
3. (3) Executed articulation and transfer of credit agreements with other institutions operating in Tennessee, if applicable; and
4. (4) Federal student cohort default rates.

§ 49-7-2023. [Repealed]

Part 21 Revised Uniform Athlete Agents Act

§ 49-7-2101. Short title.

This part shall be known and may be cited as the “Revised Uniform Athlete Agents Act.”

§ 49-7-2102. Part definitions.

As used in this part:
1. (1) “Agency contract” means an agreement in which a student athlete authorizes a person to negotiate or solicit on behalf of the athlete a professional-sports-services contract or endorsement contract;
2. (2) “Athlete agent”:
  1. (A) Means an individual, whether or not registered under this part, who:
    1. (i) Directly or indirectly recruits or solicits a student athlete to enter into an agency contract or, for compensation, procures employment or offers, promises, attempts, or negotiates to obtain employment for a student athlete as a professional athlete or member of a professional sports team or organization or enrollment at any college, university, or community or junior college that offers an athletic scholarship to the student athlete;
    2. (ii) For compensation or in anticipation of compensation related to a student athlete's participation in athletics:
      1. (a) Serves the athlete in an advisory capacity on a matter related to finances, business pursuits, or career management decisions, unless the individual is an employee of an educational institution acting exclusively as an employee of the institution for the benefit of the institution; or
      2. (b) Manages the business affairs of the athlete by providing assistance with bills, payments, contracts, or taxes; or
    3. (iii) In anticipation of representing a student athlete for a purpose related to the athlete's participation in athletics:
      1. (a) Gives consideration to the student athlete or another person;
      2. (b) Serves the athlete in an advisory capacity on a matter related to finances, business pursuits, or career management decisions; or
      3. (c) Manages the business affairs of the athlete by providing assistance with bills, payments, contracts, or taxes;
  2. (B) Does not include an individual who:
    1. (i) Acts solely on behalf of a professional sports team or organization; or
    2. (ii) Is a licensed, registered, or certified professional and offers or provides services to a student athlete customarily provided by members of the profession, unless the individual:
      1. (a) Also recruits or solicits the athlete to enter into an agency contract;
      2. (b) Also, for compensation, procures employment or offers, promises, attempts, or negotiates to obtain employment for the athlete as a professional athlete or member of a professional sports team or organization; or
      3. (c) Receives consideration for providing the services calculated using a different method than for an individual who is not a student athlete;
3. (3) “Athletic director” means the individual responsible for administering the overall athletic program of an educational institution or, if an educational institution has separately administered athletic programs for male students and female students, the athletic program for males or the athletic program for females, as appropriate;
4. (4) “Certified athlete agent” means an athlete agent registered under this part who is certified to be an athlete agent in a particular sport by a national association that promotes or regulates intercollegiate athletics and establishes eligibility standards for participation by a student athlete in that sport;
5. (5) “Commission” means the Commission on Interstate Registration of Athlete Agents;
6. (6) “Educational institution” includes a public or private elementary school, secondary school, technical or vocational school, community college, college, and university;
7. (7) “Endorsement contract” means an agreement under which a student athlete is employed or receives consideration to use on behalf of the other party any value that the athlete may have because of publicity, reputation, following, or fame obtained because of athletic ability or performance;
8. (8) “Enrolled” means registered for courses and attending athletic practice or class. “Enrolls” has a corresponding meaning;
9. (9) “Intercollegiate sport” means a sport played at the collegiate level for which eligibility requirements for participation by a student athlete are established by a national association that promotes or regulates collegiate athletics;
10. (10) “Interscholastic sport” means a sport played between educational institutions that are not community colleges, colleges, or universities;
11. (11) “Licensed, registered, or certified professional” means an individual licensed, registered, or certified as an attorney, dealer in securities, financial planner, insurance agent, real estate broker or sales agent, tax consultant, accountant, or member of a profession, other than that of athlete agent, who is licensed, registered, or certified by the state or a nationally recognized organization that licenses, registers, or certifies members of the profession on the basis of experience, education, or testing;
12. (12) “Person” means an individual; estate; business or nonprofit entity; public corporation; government or governmental subdivision, agency, or instrumentality; or other legal entity;
13. (13) “Professional-sports-services contract” means an agreement under which an individual is employed as a professional athlete or agrees to render services as a player on a professional sports team or with a professional sports organization;
14. (14) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form;
15. (15) “Recruit” or “solicit” means attempt to influence the choice of an athlete agent by a student athlete or, if the athlete is a minor, a parent or guardian of the athlete. The terms do not include giving advice on the selection of a particular agent in a family, coaching, or social situation unless the individual giving the advice does so because of the receipt or anticipated receipt of an economic benefit, directly or indirectly, from the agent;
16. (16) “Registration” means registration as an athlete agent under this part;
17. (17) “Sign” means, with present intent to authenticate or adopt a record:
  1. (A) To execute or adopt a tangible symbol; or
  2. (B) To attach to or logically associate with the record an electronic symbol, sound, or process;
18. (18) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States; and
19. (19) “Student athlete” means an individual who is eligible to attend an educational institution and engages in, is eligible to engage in, or may be eligible in the future to engage in, any interscholastic or intercollegiate sport. The term does not include an individual permanently ineligible to participate in a particular interscholastic or intercollegiate sport for that sport.

1 Backlink

49-7-2801(1)

§ 49-7-2103. Authority — Procedure.

(a) The Uniform Administrative Procedures Act, compiled in title 4, chapter 5, applies to this part. The secretary of state may adopt rules under the Uniform Administrative Procedures Act to implement this part.
(b) A person, resident or nonresident, who does business in this state as an athlete agent, regardless of whether such person is registered pursuant to this part, shall:
1. (1) By so doing, consent to the jurisdiction of the courts of this state;
2. (2) Be subject to suit in this state; and
3. (3) Be deemed to have appointed the secretary of state as such person's agent to accept service of process in any civil action related to such person doing business as an athlete agent that is commenced against such person in this state.
(c) The secretary of state or the secretary's designee may:
1. (1) Conduct public or private investigations, within or outside of this state, which the secretary deems necessary or appropriate to determine whether a person has violated, is violating, or is about to violate this part or a rule adopted under this part, or to aid in the enforcement of this part or in the adoption of rules and forms under this part;
2. (2) Require or permit a person to testify, file a statement, or produce a record, under oath or otherwise as the secretary determines, as to all the facts and circumstances concerning a matter to be investigated or about which an action or proceeding is to be instituted; and
3. (3) Publish a record concerning an action, proceeding, or an investigation under, or a violation of, this part or a rule adopted under this part, if the secretary determines it is necessary or appropriate in the public interest.
(d) For purposes of conducting an investigation under this part, the secretary or the secretary's designee may administer oaths and affirmations, subpoena witnesses, seek compulsion of attendance, take evidence, require the filing of statements, and require the production of any records that the secretary considers relevant or material to the investigation.

§ 49-7-2104. Athlete agent — Registration required — Void contract.

(a) Except as otherwise provided in subsection (b), an individual may not act as an athlete agent in this state without holding a certificate of registration under this part.
(b) Before being issued a certificate of registration under this part an individual may act as an athlete agent in this state for all purposes except signing an agency contract, if:
1. (1) A student athlete or another person acting on behalf of the athlete initiates communication with the individual; and
2. (2) Not later than seven (7) days after an initial act that requires the individual to register as an athlete agent, the individual submits an application for registration as an athlete agent in this state.
(c) An agency contract resulting from conduct in violation of this section is void, and the athlete agent shall return any consideration received under the contract.

1 Backlink

49-7-2802(h)(1)

§ 49-7-2105. Registration as athlete agent — Application — Requirements — Reciprocal registration.

(a) An applicant for registration as an athlete agent shall submit an application for registration to the secretary of state on a form prescribed by the secretary of state. An application filed under this section is a public record for purposes of title 10, chapter 7. The applicant must be an individual, and the applicant shall sign the application. The application must contain at least the following:
1. (1) The name, date, and place of birth of the applicant and the following contact information for the applicant:
  1. (A) The address of the applicant's principal place of business;
  2. (B) Work and mobile telephone numbers; and
  3. (C) Any means of communicating electronically, including a facsimile number, electronic mail address, and personal and business or employer websites;
2. (2) The name of the applicant's business or employer, if applicable, including for each business or employer, its mailing address, telephone number, organization form, and the nature of the business;
3. (3) Each social media account with which the applicant or the applicant's business or employer is affiliated;
4. (4) Each business or occupation in which the applicant engaged within five (5) years before the date of the application, including self-employment and employment by others, and any professional or occupational license, registration, or certification held by the applicant during that time;
5. (5) A description of the applicant's:
  1. (A) Formal training as an athlete agent;
  2. (B) Practical experience as an athlete agent; and
  3. (C) Educational background relating to the applicant's activities as an athlete agent;
6. (6) The name of each student athlete for whom the applicant acted as an athlete agent within five (5) years before the date of the application or, if the individual is a minor, the name of the parent or guardian of the minor, together with the athlete's sport and last known team;
7. (7) The name and address of each person that:
  1. (A) Is a partner, member, officer, manager, associate, or profit sharer or directly or indirectly holds an equity interest of five percent (5%) or greater of the athlete agent's business if it is not a corporation; and
  2. (B) Is an officer or director of a corporation employing the athlete agent or a shareholder having an interest of five percent (5%) or greater in the corporation;
8. (8) A description of the status of any application by the applicant, or any person named under subdivision (a)(7), for a state or federal business, professional, or occupational license, other than as an athlete agent, from a state or federal agency, including any denial, refusal to renew, suspension, withdrawal, or termination of the license and any reprimand or censure related to the license;
9. (9) Whether the applicant, or any person named under subdivision (a)(7), has pleaded guilty or no contest to, has been convicted of, or has charges pending for, a crime that would involve moral turpitude or be a felony if committed in this state and, if so, identification of:
  1. (A) The crime;
  2. (B) The law enforcement agency involved; and
  3. (C) If applicable, the date of the conviction and the fine or penalty imposed;
  1 Backlink
  - 49-7-2106(i)(1)(A)
10. (10) Whether, within fifteen (15) years before the date of application, the applicant, or any person named under subdivision (a)(7), has been a defendant or respondent in a civil proceeding, including a proceeding seeking an adjudication of legal incompetence and, if so, the date and a full explanation of each proceeding;
11. (11) Whether the applicant, or any person named under subdivision (a)(7), has an unsatisfied judgment or a judgment of continuing effect, including alimony or a domestic order in the nature of child support, which is not current at the date of the application;
12. (12) Whether, within ten (10) years before the date of application, the applicant, or any person named under subdivision (a)(7), was adjudicated bankrupt or was an owner of a business that was adjudicated bankrupt;
13. (13) Whether there has been any administrative or judicial determination that the applicant, or any person named under subdivision (a)(7), made a false, misleading, deceptive, or fraudulent representation;
14. (14) Each instance in which conduct of the applicant, or any person named under subdivision (a)(7), resulted in the imposition of a sanction, suspension, or declaration of ineligibility to participate in an interscholastic sport, intercollegiate sport, or professional athletic event on a student athlete or a sanction on an educational institution;
  1 Backlink
  - 49-7-2106(i)(1)(B)
15. (15) Each sanction, suspension, or disciplinary action taken against the applicant, or any person named under subdivision (a)(7), arising out of occupational or professional conduct;
16. (16) Whether there has been a denial of an application for, suspension or revocation of, refusal to renew, or abandonment of, the registration of the applicant, or any person named under subdivision (a)(7), as an athlete agent in any state;
  1 Backlink
  - 49-7-2106(i)(1)(C)
17. (17) Each state in which the applicant currently is registered as an athlete agent or has applied to be registered as an athlete agent;
18. (18) If the applicant is certified or registered by a professional league or players association:
  1. (A) The name of the league or association;
  2. (B) The date of certification or registration, and the date of expiration of the certification or registration, if any; and
  3. (C) If applicable, the date of any denial of an application for, suspension or revocation of, refusal to renew, withdrawal of, or termination of, the certification or registration or any reprimand or censure related to the certification or registration; and
19. (19) Any additional information required by the secretary of state.
2 Backlinks
- 49-7-2106(a)
- 49-7-2106(b)
(b) Instead of proceeding under subsection (a), an individual registered as an athlete agent in another state may apply for registration as an athlete agent in this state by submitting to the secretary of state:
1. (1) A copy of the application for registration in the other state;
2. (2) A signed statement that identifies any material change in the information on the application or verifies there is no material change in the information; and
3. (3) A copy of the certificate of registration from the other state.
(c) The secretary of state shall issue a certificate of registration to an individual who applies for registration under subsection (b) if the secretary of state determines:
1. (1) The application and registration requirements of the other state are substantially similar to or more restrictive than this part; and
2. (2) The registration has not been revoked or suspended and no action involving the individual's conduct as an athlete agent is pending against the individual or the individual's registration in any state.
2 Backlinks
- 49-7-2106(e)
- 49-7-2107(b)
(d) For purposes of implementing subsection (c), the secretary of state shall:
1. (1) Cooperate with national organizations concerned with athlete agent issues and agencies in other states which register athlete agents to develop a common registration form and determine which states have laws that are substantially similar to or more restrictive than this part; and
2. (2) Exchange information, including information related to actions taken against registered athlete agents or their registrations, with those organizations and agencies.

1 Backlink

49-7-2114(b)(3)

§ 49-7-2106. Certificate of registration — Issuance or denial — Renewal.

(a) Except as otherwise provided in subsection (b), the secretary of state shall issue a certificate of registration to an applicant for registration who complies with § 49-7-2105(a) and who has submitted the requisite fee.
1 Backlink
- 49-7-2107(a)
(b) The secretary of state may refuse to issue a certificate of registration to an applicant for registration under § 49-7-2105(a) if the secretary of state determines that the applicant has engaged in conduct that significantly adversely reflects on the applicant's fitness to act as an athlete agent. In making the determination, the secretary of state may consider whether the applicant has:
1. (1) Pleaded guilty or no contest to, has been convicted of, or has charges pending for, a crime that would involve moral turpitude or be a felony if committed in this state;
2. (2) Made a materially false, misleading, deceptive, or fraudulent representation in the application or as an athlete agent;
3. (3) Engaged in conduct that would disqualify the applicant from serving in a fiduciary capacity;
4. (4) Engaged in conduct prohibited by § 49-7-2114;
5. (5) Had a registration as an athlete agent suspended, revoked, or denied in any state;
6. (6) Been refused renewal of registration as an athlete agent in any state;
7. (7) Engaged in conduct resulting in imposition of a sanction, suspension, or declaration of ineligibility to participate in an interscholastic sport, intercollegiate sport, or professional athletic event on a student athlete or a sanction on an educational institution; or
8. (8) Engaged in conduct that adversely reflects on the applicant's credibility, honesty, or integrity.
2 Backlinks
- 49-7-2107(a)
- 49-7-2107(b)
(c) In making a determination under subsection (b), the secretary of state shall consider:
1. (1) How recently the conduct occurred;
2. (2) The nature of the conduct and the context in which it occurred; and
3. (3) Other relevant conduct of the applicant.
(d) An athlete agent registered under subsection (a) may apply to renew the registration by submitting an application for renewal in a form prescribed by the secretary of state and by submitting the requisite fee. An application filed under this section is a public record for purposes of title 10, chapter 7. The applicant shall sign the application for renewal and include current information on all matters required in an original application for registration.
(e) An athlete agent registered under § 49-7-2105(c) may renew the registration by proceeding under subsection (d) or, if the registration in the other state has been renewed, by submitting to the secretary of state copies of the application for renewal in the other state and the renewed registration from the other state. The secretary of state shall renew the registration if the secretary of state determines:
1. (1) The registration requirements of the other state are substantially similar to or more restrictive than this part; and
2. (2) The renewed registration has not been suspended or revoked and no action involving the individual's conduct as an athlete agent is pending against the individual or the individual's registration in any state.
1 Backlink
- 49-7-2107(b)
(f) A certificate of registration or renewal of registration under this part is valid for two (2) years.
(g) Any registration pursuant to this part shall automatically expire, without notice, on the expiration date set forth on the registration.
(h) A certificate of registration issued to an athlete agent is not transferable.
(i)
1. (1) Notwithstanding this part to the contrary, in reviewing an application for registration or a renewal of registration, the secretary of state may request clarifying information from the applicant, including, but not limited to:
  1. (A) Information concerning any criminal conviction reported pursuant to § 49-7-2105(a)(9);
  2. (B) Information concerning any conduct resulting in sanction, suspension, or declaration of ineligibility of any student athlete or educational institution reported pursuant to § 49-7-2105(a)(14); and
  3. (C) Information concerning denial, suspension, or revocation of registration or licensure reported pursuant to § 49-7-2105(a)(16).
2. (2) Failure to submit the information within thirty (30) days of the request is grounds for denial, revocation, or refusal to renew a certificate of registration pursuant to this section.
3. (3) No person shall act as an athlete agent for any purpose within this state pending submission of the clarifying information. A violation of this subdivision (i)(3) is a Class D felony.

§ 49-7-2107. Suspension, revocation, or refusal to renew registration.

(a) After proper notice and an opportunity for hearing, the secretary of state may limit, suspend, revoke, or refuse to renew a registration of an individual registered under § 49-7-2106(a) for conduct that would have justified refusal to issue a certificate of registration under § 49-7-2106(b).
(b) After proper notice and an opportunity for hearing, the secretary of state may suspend or revoke the registration of an individual registered under § 49-7-2105(c) or renewed under § 49-7-2106(e) for any reason for which the secretary of state could have refused to grant or renew the registration, or for conduct that would justify refusal to issue a certificate of registration, under § 49-7-2106(b).
(c) A violation of this part shall be brought to the attention of the secretary of state by written complaint filed by any educational institution or student athlete aggrieved by the violation. If the secretary of state finds from the complaint that there is reasonable cause to believe a violation of this part has occurred, the secretary of state shall commence an athlete agent registration revocation or suspension proceeding. Such a proceeding shall be considered a contested case hearing and shall be conducted in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

1 Backlink

49-7-2123(b)

§ 49-7-2108. Temporary registration.

The secretary of state may issue a temporary certificate of registration as an athlete agent while an application for registration or renewal of registration is pending.

§ 49-7-2109. Registration and renewal fees.

(a) An application for registration or renewal of registration as an athlete agent must be accompanied by a fee in the following amount:
1. (1) Five hundred dollars ($500) for an initial application for registration;
2. (2) Five hundred dollars ($500) for registration based on a certificate of registration issued by another state;
3. (3) Two hundred dollars ($200) for an application for renewal of registration; or
4. (4) Two hundred dollars ($200) for renewal of registration based on a renewal of registration in another state.
(b) All fees submitted for registration or renewal of registration pursuant to this part are nonrefundable regardless of whether the secretary of state issues or denies registration or renewal of registration.
(c) All fees collected pursuant to this part shall be used by the secretary of state to defray the costs of administering this part.
(d) [Deleted by 2021 amendment.]

1 Backlink

49-7-2122

§ 49-7-2110. Required form of agency contract.

(a) An agency contract shall be in writing and shall be signed, or otherwise authenticated, by the parties in the presence of a notary public who shall duly notarize the contract.
(b) An agency contract shall contain:
1. (1) A statement that the athlete agent is registered as an athlete agent in this state and a list of any other states in which the agent is registered as an athlete agent;
2. (2) The amount and method of calculating the consideration to be paid by the student athlete for services to be provided by the athlete agent under the contract and any other consideration the athlete agent has received, or will receive, from any other source for entering into the contract or for providing the services;
3. (3) The name of any person not listed in the application for registration, or renewal of registration, who will be compensated because the student athlete signed the agency contract;
4. (4) A description of any expenses that the student athlete agrees to reimburse;
5. (5) A description of the services to be provided to the student athlete;
6. (6) The duration of the contract;
7. (7) The address of the athlete agent to which notices, including notice of cancellation pursuant to § 49-7-2112, shall be sent; and
8. (8) The date of execution.
(c) Subject to subsection (g), an agency contract must contain a conspicuous notice in boldface type and in substantially the following form:
2. WARNING TO STUDENT-ATHLETEIF YOU SIGN THIS CONTRACT:
3. (1) YOU MAY LOSE YOUR ELIGIBILITY TO COMPETE AS A STUDENT ATHLETE IN YOUR SPORT;
4. (2) IF YOU HAVE AN ATHLETIC DIRECTOR, WITHIN 72 HOURS AFTER SIGNING THIS CONTRACT OR BEFORE THE NEXT SCHEDULED ATHLETIC EVENT IN WHICH YOU PARTICIPATE, WHICHEVER OCCURS FIRST, BOTH YOU AND YOUR ATHLETE AGENT MUST NOTIFY YOUR ATHLETIC DIRECTOR THAT YOU HAVE ENTERED INTO THIS CONTRACT AND PROVIDE THE NAME AND CONTACT INFORMATION OF THE ATHLETE AGENT; AND
5. (3) YOU MAY CANCEL THIS CONTRACT WITHIN 14 DAYS AFTER SIGNING IT. CANCELLATION OF THIS CONTRACT MAY NOT REINSTATE YOUR ELIGIBILITY AS A STUDENT ATHLETE IN YOUR SPORT.
(d) An agency contract must be accompanied by a separate record signed and notarized by the student athlete or, if the athlete is a minor, the parent or guardian of the athlete acknowledging that signing the contract may result in the loss of the athlete’s eligibility to participate in the athlete’s sport.
(e) A student athlete or, if the athlete is a minor, the parent or guardian of the athlete may void an agency contract that does not conform to this section. If the contract is voided, any consideration received from the athlete agent under the contract to induce entering into the contract is not required to be returned.
(f) At the time an agency contract is executed, the athlete agent shall give the student athlete or, if the athlete is a minor, the parent or guardian of the athlete a duly signed and notarized copy in a record of the contract and the separate acknowledgement required by subsection (d).
(g) If a student athlete is a minor, an agency contract must be signed and notarized by the parent or guardian of the minor and the notice required by subsection (c) must be revised accordingly.
(h) Any contract executed pursuant to this section shall be governed by the laws of this state.

§ 49-7-2111. Notice to educational institution.

(a) As used in this section, “communicating or attempting to communicate” means contacting or attempting to contact by an in-person meeting, a record, or any other method that conveys or attempts to convey a message.
(b) Not later than seventy-two (72) hours after entering into an agency contract, or before the next scheduled athletic event in which the student athlete may participate, whichever occurs first, the athlete agent shall give notice in a record of the existence of the contract to the athletic director of the educational institution at which the athlete is enrolled or at which the agent has reasonable grounds to believe the athlete intends to enroll.
(c) A copy of the notice required pursuant to subsection (b) must be provided to the educational institution's general counsel.
(d) If the educational institution does not have an athletic director, the notice required pursuant to subsection (b) must be provided to the president of the educational institution.
(e) Not later than seventy-two (72) hours after entering into an agency contract, or before the next scheduled athletic event in which the student athlete may participate, whichever occurs first, the athlete shall inform the athletic director of the educational institution at which the athlete is enrolled that the athlete has entered into an agency contract and the name and contact information of the athlete agent.
(f) A copy of the notice required pursuant to subsection (e) must be provided to the educational institution's general counsel.
(g) If the educational institution does not have an athletic director, the notice required pursuant to subsection (e) must be provided to the president of the educational institution.
(h) If an athlete agent enters into an agency contract with a student athlete and the athlete subsequently enrolls at an educational institution, the agent shall notify the athletic director of the institution of the existence of the contract not later than seventy-two (72) hours after the agent knew or should have known the athlete enrolled.
(i) A copy of the notice required pursuant to subsection (h) must be provided to the educational institution's general counsel.
(j) If the educational institution does not have an athletic director, the notice required pursuant to subsection (h) must be provided to the president of the educational institution.
(k) If an athlete agent has a relationship with a student athlete before the athlete enrolls in an educational institution and receives an athletic scholarship from the institution, the agent shall notify the athletic director of the educational institution of the relationship not later than ten (10) days after the enrollment, if the agent knows or should have known of the enrollment and:
1. (1) The relationship was motivated in whole or part by the intention of the agent to recruit or solicit the athlete to enter an agency contract in the future; or
2. (2) The agent directly or indirectly recruited or solicited the athlete to enter an agency contract before the enrollment.
(l) A copy of the notice required pursuant to subsection (k) must be provided to the educational institution's general counsel.
(m) If the educational institution does not have an athletic director, the notice required pursuant to subsection (k) must be provided to the president of the educational institution.
(n) An athlete agent shall give notice in a record to the athletic director of any educational institution at which a student athlete is enrolled before the agent communicates or attempts to communicate with:
1. (1) The athlete or, if the athlete is a minor, a parent or guardian of the athlete, to influence the athlete or parent or guardian to enter into an agency contract; or
2. (2) Another individual to have that individual influence the athlete or, if the athlete is a minor, the parent or guardian of the athlete to enter into an agency contract.
(o) A copy of the notice required pursuant to subsection (n) must be provided to the educational institution's general counsel.
(p) If the educational institution does not have an athletic director, the notice required pursuant to subsection (n) must be provided to the president of the educational institution.
(q) If a communication or attempt to communicate with an athlete agent is initiated by a student athlete or another individual on behalf of the athlete, the agent shall notify in a record the athletic director of any educational institution at which the athlete is enrolled. The notification must be made not later than ten (10) days after the communication or attempt.
(r) A copy of the notice required pursuant to subsection (q) must be provided to the educational institution's general counsel.
(s) If the educational institution does not have an athletic director, the notice required pursuant to subsection (q) must be provided to the president of the educational institution.
(t) An educational institution that becomes aware of a violation of this part by an athlete agent shall notify the secretary of state and any professional league or players association with which the institution is aware the agent is licensed or registered of the violation.

§ 49-7-2112. Student athlete's right to cancel.

(a) A student athlete or, if the athlete is a minor, the parent or guardian of the athlete may cancel an agency contract by giving notice in a record of cancellation to the athlete agent not later than fourteen (14) days after the contract is signed.
(b) A student athlete or, if the athlete is a minor, the parent or guardian of the athlete may not under any circumstances waive the right to cancel an agency contract, and any attempted waiver of the right to cancel shall be ineffective.
(c) If a student athlete, parent, or guardian cancels an agency contract, the athlete, parent, or guardian is not required to pay any consideration under the contract or return any consideration received from the athlete agent to influence the athlete to enter into the contract.

1 Backlink

49-7-2110(b)(7)

§ 49-7-2113. Required records.

(a) An athlete agent shall create and retain for five (5) years from the time of entering an agency contract records of the following:
1. (1) The name and address of each individual represented by the agent;
2. (2) Each agency contract entered into by the agent; and
3. (3) The direct costs incurred by the agent in the recruitment or solicitation of each student athlete to enter into an agency contract.
(b) Records described in subsection (a) are open to inspection by the secretary of state or the secretary's designee during normal business hours.

1 Backlink

49-7-2114(b)(2)

§ 49-7-2114. Prohibited conduct.

(a) An athlete agent, with the intent to influence a student athlete or, if the athlete is a minor, a parent or guardian of the athlete to enter into an agency contract, shall not take any of the following actions or encourage any other individual to take or assist any other individual in taking any of the following actions on behalf of the agent:
1. (1) Give any materially false or misleading information or make a materially false promise or representation;
2. (2) Furnish anything of value to a student athlete before the student athlete enters into the agency contract; or
3. (3) Furnish anything of value to any individual other than the student athlete or another registered athlete agent.
(b) An athlete agent shall not intentionally do any of the following or encourage any other individual to do any of the following on behalf of the agent:
1. (1) Initiate contact, directly or indirectly, with a student athlete or, if the athlete is a minor, a parent or guardian of the athlete, to recruit or solicit the athlete, parent, or guardian to enter an agency contract unless registered under this part;
2. (2) Fail to create or retain or to permit inspection of the records required by § 49-7-2113;
3. (3) Fail to register when required by § 49-7-2105;
4. (4) Provide materially false or misleading information in an application for registration or renewal of registration;
5. (5) Predate or postdate an agency contract; or
6. (6) Fail to notify a student athlete or, if the athlete is a minor, a parent or guardian of the athlete, before the athlete, parent, or guardian signs an agency contract for a particular sport that the signing may make the athlete ineligible to participate as a student athlete in that sport.
(c) An athlete agent shall not:
1. (1) Fail to provide to the secretary of state any statements, documents, records, or testimony required by the secretary of state pursuant to § 49-7- 2105 or the Uniform Administrative Procedures Act, compiled in title 4, chapter 5;
2. (2) Fail to post the athlete agent's certificate of registration, or legible copy of the certificate, in each office in this state from which the athlete agent conducts business as an athlete agent; or
3. (3) Fail to provide proof of registration to any student athlete whom the athlete agent contacts.
(d) Notwithstanding subsection (a), a certified athlete agent may pay expenses incurred before the signing of an agency contract by a student athlete, a family member of the student athlete, or an individual of a class of individuals authorized to receive the expenses by the national association that certified the agent if the expenses are:
1. (1) For the benefit of an athlete who is a member of a class of athletes authorized to receive the benefit by the national association that certified the agent;
2. (2) Of a type authorized to be paid by a certified athlete agent by the national association that certified the agent; and
3. (3) For a purpose authorized by the national association that certified the agent.

2 Backlinks

§ 49-7-2115. Criminal penalty.

An athlete agent who violates § 49-7-2114 is guilty of a Class E felony and, on conviction, is punishable by a fine of no more than twenty-five thousand dollars ($25,000) or confinement for no less than one (1) year nor more than six (6) years, or both.

§ 49-7-2116. Civil remedy.

(a) An educational institution or student athlete may bring an action for damages against an athlete agent if the institution or athlete is adversely affected by an act or omission of the agent in violation of this part. An educational institution or student athlete is adversely affected by an act or omission of the agent only if, because of the act or omission, the institution or an individual who was a student athlete at the time of the act or omission and enrolled in the institution:
1. (1) Is suspended or disqualified from participation in an interscholastic or intercollegiate sports event by or under the rules of a state or national federation or association that promotes or regulates interscholastic or intercollegiate sports; or
2. (2) Suffers financial damage.
(b) A plaintiff that prevails in an action under this section may recover actual damages, treble damages, punitive damages, costs, and reasonable attorney's fees. An athlete agent found liable under this section forfeits any right of payment for anything of benefit or value provided to the student athlete and shall refund any consideration paid to the agent by or on behalf of the athlete.
(c) A violation of this part is an unfair trade or deceptive practice for purposes of the Unfair Trade Practice and Advertising Act, compiled in title 47, chapter 25, part 9.

§ 49-7-2117. Civil penalty.

The secretary of state may assess a civil penalty against an athlete agent not to exceed fifty thousand dollars ($50,000) for a violation of this part.

1 Backlink

49-7-2124(d)

§ 49-7-2118. Uniformity of application and construction.

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

§ 49-7-2119. Relation to Electronic Signatures in Global and National Commerce Act.

This part modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001 et seq.), but does not modify, limit, or supersede Section 101(c) of that act (15 U.S.C. § 7001(c)), or authorize electronic delivery of any of the notices described in Section 103(b) of that act (15 U.S.C. § 7003(b)).

§ 49-7-2120. Severability.

If any provision of this part or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this part which can be given effect without the invalid provision or application, and to this end the provisions of this part are severable.

§ 49-7-2121. Eligibility — Impairment of contract.

Nothing in this part:
1. (1) Prevents a student athlete from relinquishing the athlete's eligibility to compete in intercollegiate sports and then signing an agency contract; or
2. (2) Impairs the validity of an agency contract entered into prior to July 1, 2001.

§ 49-7-2122. Validity of existing permits.

Any person holding a permit in good standing as a sports agent in this state prior to July 1, 2001, shall be deemed an athlete agent and subject to this part. A permit in good standing shall be valid until the permit's regular annual renewal at which time the agent shall apply for a certificate of registration and shall pay all applicable fees pursuant to § 49-7-2109.

§ 49-7-2123. Violation — Cease and desist order — Civil penalty — Final order enforcement.

(a) If the secretary of state determines that a person has engaged in or is engaging in an act, practice, or course of business constituting a violation of this part or a rule adopted or order issued under this part, or that a person has materially aided or is materially aiding in an act, practice, or course of business constituting a violation of this part or a rule adopted or order issued under this part, the secretary of state or the secretary's designee may:
1. (1) Issue an order directing the person to cease and desist from engaging in the act, practice, or course of business, or to take other action necessary or appropriate to comply with this part or any rule or order promulgated under this part;
2. (2) Issue an order imposing an administrative penalty against an athlete agent who violated this part or any rule or order promulgated under this part; and
3. (3) Take any other action permitted under this part.
(b) An order issued under subdivision (a)(1) is effective on the date of issuance by the secretary. Upon issuance of the order, the secretary of state or the secretary's designee shall promptly serve each person subject to the order with a copy of the order and a notice that the order has been entered. The order must include a statement of any civil penalty or other administrative remedy to be imposed under subdivision (a)(1), a statement of the costs of investigation the secretary of state will seek to recover, a statement of the reasons for the order, and a statement notifying the person of such person's right to a hearing under § 49-7-2107. If a person subject to the order does not request in writing a hearing within thirty (30) days of the date the order is issued and a hearing is not ordered by the hearing officer, the order, including the imposition of a civil penalty or requirement for payment of the costs of investigation, shall become final as to that person by operation of law.
(c) In a final order, the secretary of state or the secretary's designee may charge the actual cost of an investigation or proceeding for a violation of this part or a rule adopted or order issued under this part.
(d) If a petition for judicial review of a final order is not filed in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, or the petition is denied by the court, the secretary of state or the secretary's designee may file a certified copy of the final order with the clerk of a court in the jurisdiction where enforcement will be sought. The order so filed has the same effect as a judgment of the court and may be recorded, enforced, or satisfied in the same manner as a judgment of the court.
(e) If a person does not comply with an order issued under this section, the secretary of state or the secretary's designee may petition a court of competent jurisdiction to enforce the order and collect administrative civil penalties and costs imposed under the final order. The court shall not require the secretary of state to post a bond in an action or proceeding under this section. If the court finds, after service and opportunity for hearing, that the person was not in compliance with the order, the court may adjudge the person in civil contempt of the order. The court may grant any relief the court determines is just and proper in the circumstances.

§ 49-7-2124. Athletic scholarship — Influence to accept — Disclosure of relationship with institution — Violation — Penalty.

(a) Any person who, in this state, knowingly influences, or attempts to influence, any student athlete to accept an athletic scholarship that is offered by an educational institution from which such person receives any compensation or any other thing of value shall provide a written disclosure of such person's relationship with the educational institution to the student athlete concurrently with initially making such influence or attempt to influence. Any person who is required to disclose a relationship with an educational institution to a student athlete pursuant to this subsection (a) shall also provide, within seventy-two (72) hours of providing the written disclosure to the student athlete, a written disclosure of such relationship to the student athlete's parent or legal guardian, the secretary of state, and to the athletic director, president, and the general counsel of the educational institution from which such person has influenced or attempted to influence the student athlete to accept an athletic scholarship.
(b) This section does not apply to any person who is an employee of the educational institution for which such person influences or attempts to influence a student athlete to accept an athletic scholarship.
(c) Failure to provide a written disclosure as required by subsection (a) is a Class E felony punishable by a fine of no more than twenty-five thousand dollars ($25,000) or confinement for no less than one (1) year nor more than six (6) years, or both.
(d) In addition to the criminal penalty provided in subsection (c), the secretary of state may assess a civil penalty pursuant to § 49-7-2117. Any hearing on the imposition of any fine pursuant to this section shall be in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

§ 49-7-2125. Student loan default—Suspension, denial, and revocation of registration.

(a) As used in this section, unless the context otherwise requires:
1. (1) “Guarantee agency” means a guarantor of student loans that has an agreement with the United States secretary of education; and
2. (2) “TSAC” means the Tennessee student assistance corporation.
(b)
1. (1) Upon receiving a copy of a final order as provided in subsection (c) from TSAC or a guarantee agency, the secretary of state shall suspend, deny, or revoke the registration of any athlete agent or applicant who has defaulted on a repayment or service obligation under any federal family education loan program, the federal Higher Education Act of 1965 (20 U.S.C. § 1001 et seq.), a student loan guaranteed or administered by TSAC, or any other state or federal educational loan or service-conditional scholarship program.
2. (2) Notwithstanding subdivision (b)(1), the secretary of state may elect not to suspend, deny, or revoke the registration of an athlete agent or applicant if the default or delinquency is the result of a medical hardship that prevented the person from working in the person's licensed field and the medical hardship significantly contributed to the default or delinquency.
(c)
1. (1) The secretary of state shall accept any determination of default from TSAC or a guarantee agency, after TSAC or the guarantee agency has afforded a debtor an opportunity to be heard in accordance with subdivision (c)(2); and the secretary of state shall rescind any disciplinary action and restore any registration upon receiving notice from TSAC or the guarantee agency that the debtor has agreed to serve the debtor's obligation or is in compliance with an approved repayment plan.
2. (2)
  1. (A) Unless a debtor has made satisfactory arrangements according to the lender, TSAC or the guarantee agency, which may include administrative wage garnishment, voluntary payment arrangements, deferment or forbearance, the debtor shall be regarded as delinquent or in default. If a debtor is delinquent or in default on a repayment or service obligation under a guaranteed student loan identified in subsection (b), or the debtor has failed to enter into a payment plan, agreed to a service obligation or complied with a payment plan previously approved by TSAC or the guarantee agency, TSAC or the guarantee agency shall issue to the debtor a notice of intent to file an order with the secretary of state to seek to suspend, deny, or revoke the debtor's registration. The notice shall:
    1. (i) Be served upon the debtor personally or by certified mail with return receipt requested; and
    2. (ii) State that the debtor's registration shall be suspended, denied, or revoked ninety (90) days after service unless within that time the debtor:
      1. (a) Pays the entire debt stated in the notice;
      2. (b) Enters into a payment plan, service obligation, or complies with a payment plan previously entered into and approved by TSAC or the guarantee agency;
      3. (c) Requests and qualifies for deferment, forbearance, or other satisfactory compliance; or
      4. (d) Requests a hearing before TSAC or the guarantee agency.
  2. (B) The hearing request by the debtor shall be made in writing and must be received by TSAC or the guarantee agency within twenty (20) days of the date the notice is served.
  3. (C) TSAC or the guarantee agency, upon receipt of a request for a hearing from the debtor, shall schedule a hearing to determine whether determination of delinquency or default, that could result in suspension, denial, or revocation of the debtor's registration. The debtor's registration may not be suspended, denied, or revoked until a determination is reached following the hearing. The issues that may be determined in the hearing are:
    1. (i) The amount of the debt, if any;
    2. (ii) Whether the debtor is delinquent or in default;
    3. (iii) Whether the debtor:
      1. (a) Has entered into a payment plan or service obligation approved by TSAC or the guarantee agency;
      2. (b) Is willing to enter into a payment plan or service obligation approved by TSAC or the guarantee agency; or
      3. (c) Is willing to comply with a payment plan or service obligation previously entered into and approved by TSAC or the guarantee agency;
    4. (iv) Whether the debtor is eligible for deferment, forbearance, or other satisfactory compliance; and
    5. (v) Whether the debtor's default or delinquency is the result of a medical hardship that prevented the debtor from working in the debtor's licensed field and the medical hardship significantly contributed to the default or delinquency.
  4. (D) If a debtor, without good cause, fails to respond to the notice of intent, fails to timely request a hearing, or fails to appear at a regularly scheduled hearing, the debtor's defenses, objections, or request for a payment plan or compliance with a payment plan may be determined to be without merit; and TSAC or the guarantee agency shall enter a final decision and order, requesting suspension, denial, or revocation and further requesting the secretary of state to order the debtor to refrain from engaging in athlete agent activities. TSAC or the guarantee agency shall send a copy of the order to the secretary of state and the debtor.
  5. (E) The administrative hearings under this section shall be conducted in accordance with rules adopted under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
  6. (F)
    1. (i) When TSAC or the guarantee agency determines that the debt is paid in full or the debtor has entered into a payment plan, has entered into a service obligation, is otherwise in satisfactory compliance or has complied with a payment plan previously approved by TSAC or the guarantee agency, TSAC or the guarantee agency shall enter an order requesting that the secretary of state terminate the order suspending, denying, or revoking the registration. TSAC or the guarantee agency shall send a copy of the order to the secretary of state and the debtor. Notwithstanding any other law, or rule to the contrary, when the registration is reinstated, the secretary of state shall not impose a reinstatement fee that exceeds fifty dollars ($50.00).
    2. (ii) Entry of an order seeking to terminate suspension, denial, or revocation of a registration does not limit the ability of TSAC or the guarantee agency to issue a new order which seeks to suspend, deny, or revoke the registration of the same debtor in the event of another delinquency or default.
  7. (G) TSAC is authorized to promulgate necessary rules and regulations to effectuate the purposes of this subsection (c). All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act.
(d) The secretary of state is authorized to promulgate rules to effectuate the purposes of this section. All such rules shall be promulgated in accordance with the Uniform Administrative Procedures Act.

Part 22 College and University Security Information Act

§ 49-7-2201. Short title.

This part shall be known and may be cited as the “College and University Security Information Act.”

§ 49-7-2202. Part definitions.

As used in this part, unless the context otherwise requires:
1. (1) “Institution of higher education” includes any college, community college or university, including the state colleges of applied technology, whether public or private, that is required to submit a copy of the statistics of certain criminal offenses to the secretary of education under 20 U.S.C. § 1070 et. seq.; and
2. (2) “Student housing” means all residence halls and sorority and fraternity residences owned or under the control of the institution of higher education.

§ 49-7-2203. Reporting of crime statistics.

(a) Each institution of higher education shall report to the Tennessee bureau of investigation, on an annual basis, crime statistics for crimes occurring on the campus and in student housing, if applicable, of the institution for publication in an annual report on forms and in the format required by the bureau pursuant to this part. Each report must be certified by the president or the chancellor of the respective institution of higher education, or the president's or chancellor's designee. It is the duty of the director of the Tennessee bureau of investigation to adopt and promulgate rules and regulations prescribing the form, general content, time and manner of submission of the crime statistics. The rules so adopted and promulgated shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, and shall have the force and effect of law.
1 Backlink
- 49-7-2205(a)
(b) Each institution of higher education shall publish, in accordance with the rules, regulations, policies and procedures of the state publications committee, a report that shall be updated annually, and that shall include the crime statistics as reported under subsection (a) for the most recent three-year period. Crime rates shall also be included in the report. The crime rates reported shall be based on the numbers and categories of crimes reported under subsection (a) and the number of full-time equivalent undergraduate and graduate students and full-time equivalent employees at the institution of higher education. Upon request, the institution shall provide the report to every person who submits an application for admission to the institution and to each new employee at the time of employment. In its acknowledgment of receipt of the formal application of admission, the institution shall notify the applicant of the availability of the information. Upon request, the institution shall also provide the report to any student or employee of the institution. Institutions with more than one (1) campus shall provide the required information on a campus-by-campus basis.
(c) Upon the request of any applicant for admission or any new employee, each institution of higher education shall provide information regarding the institution's security policies and procedures. In its acknowledgment of receipt of an application for admission or in pre-admission materials, the institution shall notify the applicant of the availability of the information. Upon request, the institution shall also provide the information to any student or employee of the institution. The institution shall post public notices stating that the information described in this subsection (c) is available and explaining how it may be obtained. Institutions with more than one (1) campus shall provide the information on a campus-by-campus basis. The information for the most recent school year shall include, but not be limited to, the following:
1. (1) The number of undergraduate and graduate students enrolled;
2. (2) The number of undergraduate and graduate students living in student housing;
3. (3) The total number of nonstudent employees working on the campus;
4. (4) The administrative office responsible for security on the campus;
5. (5) A description of the type and number of security personnel utilized by the institution, including a description of their training;
6. (6) The enforcement authority of security personnel, including their working relationship with state and local law enforcement agencies;
7. (7) Policy on reporting criminal incidents to state and local law enforcement agencies;
8. (8) Policy regarding access to institutional facilities and programs by students, employees, guests and other individuals;
9. (9) Procedures and facilities for students and others to report criminal actions or other emergencies occurring on campus and policies concerning the institution's response to the reports;
10. (10) A statement of policy regarding the possession, use and sale of alcoholic beverages;
11. (11) A statement of policy regarding the possession, use and sale of illegal drugs;
12. (12) A statement of policy regarding the possession and use of weapons by security personnel and any other person;
13. (13) Any policy regarding students or employees with criminal records;
14. (14) Security considerations used in the maintenance of campus facilities, including landscaping, groundskeeping and outdoor lighting; and
15. (15) A description of the communication media used to inform the campus community about security matters as well as the frequency with which the information is usually provided.
(d) Institutions that maintain student housing facilities shall include in the information described in subsection (c) the following:
1. (1) Types of student housing available, such as on-campus, off-campus; single room, double, group; single sex, coed; undergraduate, graduate, married, or other types of student housing;
2. (2) Policies on housing assignments and requests by students for assignment changes;
3. (3) Policies concerning the identification and admission of visitors in student housing facilities;
4. (4) Measures to secure entrances to student housing facilities;
5. (5) Standard security features used to secure doors and windows in students' rooms;
6. (6) A description of the type and number of employees, including security personnel, assigned to the student housing facilities, which shall include a description of their security training;
7. (7) The type and frequency of programs designed to inform student housing residents about housing security and enforcement procedures;
8. (8) Policy and any special security procedures for housing students during low-occupancy periods such as holidays and vacation periods; and
9. (9) Policy on the housing of guests and others not assigned to the student housing or not regularly associated with the institution of higher education.

§ 49-7-2204. Failure to comply with requirements — Misdemeanor.

Any official charged with the responsibility of complying with an institution's obligations under this part who fails to do so commits a Class C misdemeanor.

§ 49-7-2205. Compilation of crime statistics — Distribution of annual report.

(a) The director of the Tennessee bureau of investigation shall compile the crime statistics reported pursuant to § 49-7-2203(a), and shall provide an annual report by April 30 of the statistics to the governor and to the state and local government and education committees of the senate and the state government and education administration committees of the house of representatives. The report must include the name and position of each official at each institution of higher education that certified the report submitted to the Tennessee bureau of investigation pursuant to § 49-7-2203(a) for the respective institution.
(b)
1. (1) The crime statistics shall also include crime data compilations, where available, for crimes against the students of institutions of higher education that are committed within the county where the school is located. The information shall be taken from incidence/complaint report forms used by state, county and municipal law enforcement agencies that are submitted pursuant to § 38-10-102, or voluntarily for purposes of this part. Such incidence/complaint report forms shall, when applicable, indicate whether the victim is a student attending an institution of higher education that is located in the county in which the crime occurred and the name of the school attended by the student.
2. (2) The crime statistics shall specifically include crime data compilations for crimes involving the unlawful possession or sale of controlled substances and controlled substance analogues.

§ 49-7-2206. Crime records to be kept by colleges and universities.

Each institution of higher education that maintains either a police or security department comprised of state, private or contract employees shall make, keep and maintain a daily log, written in a form that can be easily understood, recording in chronological order all crimes against persons or property reported to its police or security department, the date, time and general location of the crimes and, if an arrest has been made, the names and addresses of all persons arrested and charges against the persons arrested. This section shall not be construed to require an institution to identify in its log, unless otherwise provided by law, the names of the persons reporting the crime, the victim or victims, any witnesses or suspects who have not been arrested or other information relating to any investigation of the crime. All entries in the daily logs shall, unless otherwise provided by state or federal law, be open to inspection without charge to the public during regular business hours.

§ 49-7-2207. Reporting of students — Exception.

(a) It is the duty of each institution of higher education that has probable cause to believe that any student is committing or has committed any offense, a violation of which is a Class A misdemeanor or any of the five (5) categories of felonies as classified under § 40-35-110, upon the institution's grounds or within any building or structure under its supervision, to report the probable cause to the appropriate law enforcement officer.
(b) Subsection (a) shall not apply if the offense the student is believed to have committed is a sexual assault of any kind and the victim of the assault does not consent to the reporting of the offense.

§ 49-7-2208. Review.

The comptroller of the treasury may conduct a review of an institution of higher education to ensure that the institution is complying with the requirements of this part.

Part 23 Higher Education During Military Service

§ 49-7-2301. Military reserve and national guard personnel.

(a) A state institution of higher education shall permit military reserve and national guard personnel who are attending the institution and are called to active duty the option to withdraw, even if the deadline to withdraw from courses has passed, or to receive a grade of incomplete in any course in which a service member is enrolled. The withdrawal or the grade of incomplete shall be reflected on the service member's transcript. A service member who withdraws from a course shall be eligible for a tuition credit or refund under subsection (c).
(b) If a service member is called to active duty and must withdraw from a course or receive a grade of incomplete, then the withdrawal or grade of incomplete that is related to the service absence shall not affect eligibility or continuing eligibility for state or institutional financial aid, including scholarships or grants, upon reenrollment at the institution. The semester hours attempted for courses from which the military service member withdrew or received a grade of incomplete shall not count against any limitation or receipt of state or institutional financial aid, including scholarships or grants. Future consideration for state or institutional financial aid, scholarships, or grants shall not be affected by the withdrawal from a course or the receipt of a grade of incomplete due to mandatory service obligations.
(c) Military reserve and national guard personnel who are students attending a state college or university located in this state and whose active military service occurring after August 1, 1990, mandates that they be away from the college or university during a school term shall be entitled to a credit for tuition or a refund for each credit hour paid by or on behalf of the student for that school term. Credit shall be given only if the reserve or national guard student did not receive a final grade in the class or course for which tuition credit is sought.

§ 49-7-2302. Students at state college or university — Absence for period in excess of thirty days because of active military service.

Students who are absent from a state college or university during any school term or portion of a school term in excess of thirty (30) days due to active military service shall be entitled to receive a tuition credit in the form of credit hours for each credit hour paid by or on behalf of the student from the college or university previously attended or a refund for any payments made. Credit shall be given only if the reserve or national guard student did not receive a final grade in the class or course for which tuition credit is sought.

§ 49-7-2303. Tennessee higher education commission — Rules.

The Tennessee higher education commission shall establish rules and procedures applicable to students who are seeking a tuition credit or refund as set forth in this part. The commission shall have the authority to establish the procedure for application by the student to receive a tuition credit or refund, to determine what type of documentation would be required to establish proof of active military duty and to establish any other requirements the commission determines necessary to determine the eligibility of students for a tuition credit or refund from state colleges or universities.

§ 49-7-2304. Tuition and fees charged to military reserve and national guard personnel who are mobilized for service.

(a) Military reserve and national guard personnel who are mobilized to active military service within six (6) months of attendance at a state institution of higher education and whose mobilization lasts more than six (6) months shall be charged, upon reenrollment at the institution, the tuition, maintenance fees, student activity fees and required registration or matriculation fees that were in effect when the student was enrolled prior to mobilization. After reenrollment, no increase in tuition, maintenance fees, student activity fees or required registration or matriculation fees shall be assessed to the student until a period of time equal to one (1) year plus the combined length of all military mobilizations has elapsed. In no event, however, shall a student's tuition and fees be frozen after reenrollment for more than four (4) years.
(b) To be eligible for the tuition and fee freeze under this section, the student shall have completed military service under honorable conditions and shall reenroll in a state institution of higher education within six (6) months of release from active duty.
(c) A student eligible for the tuition and fee freeze under this section may transfer from one state institution of higher education to another state institution of higher education one (1) time with the student's tuition and fees calculated at the institution to which the student transfers as if the student had been in attendance at that institution before the mobilization that resulted in the student's tuition and fee freeze at the initial institution.

§ 49-7-2305. Excused absences for documented mandatory military service.

Military reserve and national guard personnel who are students attending a state institution of higher education shall receive excused absences for classes missed for documented mandatory military service in the same manner as the institution would excuse attendance from a class for an official school function or other unavoidable event.

Part 24 Campus Free Speech Protection Act

§ 49-7-2401. Short title.

This part shall be known and may be cited as the “Campus Free Speech Protection Act.”

§ 49-7-2402. Applicability of part.

The requirements of this part shall apply to every public institution of higher education in this state.

§ 49-7-2403. Legislative findings and declaration — Legislative intent.

(a) The general assembly finds and declares that public institutions of higher education in Tennessee are not immune from the sweep of the First Amendment to the United States Constitution or the Constitution of Tennessee, Article I, § 19, which guarantees freedom of speech and expression.
(b) It is the intent of the general assembly that the public institutions of higher education embrace a commitment to the freedom of speech and expression for all students and all faculty.
(c) It is further the intent of the general assembly that public institutions of higher education, including their faculty, shall not require students or other faculty to adopt or to indicate their adherence to beliefs or orthodoxies on any particular political, philosophical, religious, social, or other such subject, although institutions may require students and faculty to conform their conduct to the requirements of law and policy.
(d) It is further the intent of the general assembly that public institutions of higher education not stifle freedom of speech and expression by implementing vague or overbroad speech codes, establishing free speech zones, imposing unconstitutional prior restraints on speech, or disinviting speakers based on the anticipated reaction or opposition of others to the content of speech.

§ 49-7-2404. Part definitions.

As used in this part, unless the context requires otherwise:
1. (1) “Constitutional time, place, and manner restrictions” means restrictions on the time, place, and manner of free speech that do not violate the First Amendment to the United States Constitution or the Constitution of Tennessee, Article I, § 19 that are reasonable, content- and viewpoint-neutral, narrowly tailored to satisfy a significant institutional interest, and leave open ample alternative channels for the communication of the information or message to its intended audience;
2. (2) “Faculty” or “faculty member” means any person, whether or not the person is compensated by a public institution of higher education, and regardless of political affiliation, who is tasked with providing scholarship, academic research, or teaching. For purposes of this part, the term “faculty” shall include tenured and non-tenured professors, adjunct professors, visiting professors, lecturers, graduate student instructors, and those in comparable positions, however titled. For purposes of this part, the term “faculty” shall not include persons whose primary responsibilities are administrative or managerial;
3. (3) “Free speech” means speech, expression, or assemblies protected by the First Amendment to the United States Constitution or the Constitution of Tennessee, Article I, § 19, verbal or written, including, but not limited to, all forms of peaceful assembly, protests, demonstrations, rallies, vigils, marches, public speaking, distribution of printed materials, carrying signs, displays, or circulating petitions. “Free speech” does not include the promotion, sale, or distribution of any product or service;
4. (4) “Institution” means an institution of public higher education in this state; and
5. (5) “Student” means:
  1. (A) An individual currently enrolled in a course of study at the institution; and
  2. (B) An organization that is comprised entirely of individuals currently enrolled in a course of study at the institution, that is registered with an institution pursuant to institutional rules.

§ 49-7-2405. Policy regarding free speech.

(a) The governing body of every institution shall adopt a policy that affirms the following principles of free speech, which are the public policy of this state:
1. (1) Students have a fundamental constitutional right to free speech;
2. (2) An institution shall be committed to giving students the broadest possible latitude to speak, write, listen, challenge, learn, and discuss any issue, subject to § 49-7-2408;
3. (3) An institution shall be committed to maintaining a campus as a marketplace of ideas for all students and all faculty in which the free exchange of ideas is not to be suppressed because the ideas put forth are thought by some or even by most members of the institution's community to be offensive, unwise, immoral, indecent, disagreeable, conservative, liberal, traditional, radical, or wrong-headed;
4. (4) It is for an institution's individual students and faculty to make judgments about ideas for themselves, and to act on those judgments not by seeking to suppress free speech, but by openly and vigorously contesting the ideas that they oppose;
5. (5) It is not the proper role of an institution to attempt to shield individuals from free speech, including ideas and opinions they find offensive, unwise, immoral, indecent, disagreeable, conservative, liberal, traditional, radical, or wrong-headed;
6. (6) Although an institution should greatly value civility and mutual respect, concerns about civility and mutual respect shall never be used by an institution as a justification for closing off the discussion of ideas, however offensive, unwise, immoral, indecent, disagreeable, conservative, liberal, traditional, radical, or wrong-headed those ideas may be to some students or faculty;
7. (7) Although all students and all faculty are free to state their own views about and contest the views expressed on campus, and to state their own views about and contest speakers who are invited to express their views on the institution's campus, they may not substantially obstruct or otherwise substantially interfere with the freedom of others to express views they reject or even loathe. To this end, an institution has a responsibility to promote a lively and fearless freedom of debate and deliberation and protect that freedom;
8. (8) An institution shall be committed to providing an atmosphere that is most conducive to speculation, experimentation, and creation by all students and all faculty, who shall always remain free to inquire, to study and to evaluate, and to gain new understanding;
9. (9) The primary responsibility of faculty is to engage an honest, courageous, and persistent effort to search out and communicate the truth that lies in the areas of their competence;
10. (10) Although faculty are free in the classroom to discuss subjects within areas of their competence, faculty shall be cautious in expressing personal views in the classroom and shall be careful not to introduce controversial matters that have no relationship to the subject taught, and especially matters in which they have no special competence or training and in which, therefore, faculty's views cannot claim the authority accorded statements they make about subjects within areas of their competence; provided, that no faculty will face adverse employment action for classroom speech, unless it is not reasonably germane to the subject matter of the class as broadly construed, and comprises a substantial portion of classroom instruction;
11. (11) An institution shall maintain the generally accessible, open, outdoor areas of its campus as traditional public forums for free speech by students;
12. (12) An institution shall not restrict students' free speech only to particular areas of the campus, sometimes known as “free speech zones” ;
13. (13) An institution shall not deny student activity fee funding to a student organization based on the viewpoints that the student organization advocates;
14. (14) An institution shall not establish permitting requirements that prohibit spontaneous outdoor assemblies or outdoor distribution of literature, although an institution may maintain a policy that grants members of the college or university community the right to reserve certain outdoor spaces in advance;
15. (15) An institution shall not charge students security fees based on the content of their speech, the content of the speech of guest speakers invited by students, or the anticipated reaction or opposition of listeners to speech;
16. (16) An institution shall allow all students and all faculty to invite guest speakers to campus to engage in free speech regardless of the views of guest speakers; and
17. (17) An institution shall not disinvite a speaker invited by a student, student organization, or faculty member because the speaker's anticipated speech may be considered offensive, unwise, immoral, indecent, disagreeable, conservative, liberal, traditional, radical, or wrong-headed by students, faculty, administrators, government officials, or members of the public.
(b) The policy adopted pursuant to subsection (a) shall be made available to students and faculty annually through one or more of the following methods:
1. (1) Published annually in the institution's student handbook and faculty handbook, whether paper or electronic;
2. (2) Made available to students and faculty by way of a prominent notice on the institution's internet site other than through the electronic publication of the policy in the student handbook and faculty handbook;
3. (3) Sent annually to students and employees to their institutionally-provided email address; or
4. (4) Addressed by the institution in orientation programs for new students and new faculty.
(c) Nothing in this section shall be construed to grant students the right to disrupt previously scheduled or reserved activities occurring in a traditional public forum.

1 Backlink

49-7-1907(c)(3)

§ 49-7-2406. Policy on student-to-student harassment.

(a) With respect to disciplining students for their speech, expression, or assemblies, an institution shall adopt a policy on “student-on-student harassment” defining the term consistent with and no more expansively than the language contained in subsection (b).
(b) As used in this section, “student-on-student harassment” means unwelcome conduct directed toward a person that is discriminatory on a basis prohibited by federal, state, or local law, and that is so severe, pervasive, and objectively offensive that it effectively bars the victim's access to an educational opportunity or benefit.

§ 49-7-2407. Costs.

Nothing in this part shall require an institution to fund costs associated with student speech or expression. An institution shall not impose costs on students or student organizations on the basis of the anticipated reaction or opposition to a person's speech by listeners.

§ 49-7-2408. Measures imposing restrictions.

Nothing contained in this part shall be construed as prohibiting an institution from imposing measures that do not violate the First Amendment to the United States Constitution or the Constitution of Tennessee, Article I, § 19 such as:
1. (1) Constitutional time, place, and manner restrictions;
2. (2) Reasonable and viewpoint-neutral restrictions in nonpublic forums;
3. (3) Restricting the use of the institution's property to protect the free speech rights of students and faculty and preserve the use of the property for the advancement of the institution's mission;
4. (4) Prohibiting or limiting speech, expression, or assemblies that are not protected by the First Amendment to the United States Constitution or the Constitution of Tennessee, Article I, § 19; or
5. (5) Content restrictions on speech that are reasonably related to a legitimate pedagogical purpose, such as classroom rules enacted by faculty.

1 Backlink

49-7-2405(a)(2)

Part 27 Hearing Centers

§ 49-7-2701. Establishment and operation of clinical and dispensary programs in speech pathology, speech therapy and audiology in state colleges and universities.

(a) Notwithstanding any other law to the contrary, state public colleges and universities are permitted to establish and operate clinical and dispensary programs in speech pathology, speech therapy and audiology for the purpose of educating students and generating financial support necessary to operate and make necessary improvements to those programs.
(b) It is not the intent of the general assembly for such programs to compete directly with private hearing device retailers. Hearing centers operated and governed by public institutions of higher education shall not expand to operate satellite centers for the purpose of selling hearing aids, and shall not advertise the sale of hearing aids through any form of mass media, including, but not limited to, newspapers, magazines, billboards, phone directories, television, radio or internet, or through mass mailings, either printed or electronic. Such clinics and programs are permitted to receive patient referrals, to treat patients wishing to receive services from the college or university and to dispense hearing aids to such patients.
(c) Each public institution of higher education operating a hearing center shall, by September 15 of each year, provide a written report to the Tennessee higher education commission and the education committee of the senate and the education administration committee of the house of representatives. The report shall contain the following information relative to the prior year:
1. (1) The number of patients served;
2. (2) The number of patient-contact hours for which students received credit;
3. (3) The number of billed patient hours;
4. (4) The number of hearing aids dispensed to patients; and
5. (5) The revenues from clinical and dispensing operations.

Part 28 Intercollegiate Athlete's Name, Image, or Likeness

§ 49-7-2801. Part definitions.

As used in this part, unless the context otherwise requires:
1. (1) “Athlete agent” has the same meaning as the term is defined in § 49-7-2102;
2. (2) “Athletic program” means an intercollegiate athletic program at an institution;
3. (3) “Institution” means a four-year public or private institution of higher education located in this state. “Institution” does not include an institution of higher education governed by the board of regents of the state university and community college system; and
4. (4) “Intercollegiate athlete” means a student who is enrolled in an institution and participates in an athletic program.

§ 49-7-2802. Compensation for use of intercollegiate athlete's name, image, or likeness.

(a) An intercollegiate athlete may earn compensation for the use of the intercollegiate athlete's own name, image, or likeness. Such compensation must be commensurate with the fair market value of the authorized use of the intercollegiate athlete's name, image, or likeness. To preserve the integrity, quality, character, and amateur nature of intercollegiate athletics and to maintain a clear separation between amateur intercollegiate athletics and professional sports, such compensation must not be provided in exchange for athletic performance or attendance at an institution.
(b)
1. (1) An institution or an officer, director, or employee of the institution shall not compensate a current or prospective intercollegiate athlete for the intercollegiate athlete's name, image, or likeness.
2. (2) Neither a grant-in-aid for athletics awarded to an intercollegiate athlete by an institution, including the cost of attendance, nor an institution's involvement in support of name, image, or likeness activities under this part constitutes compensation to or representation of an intercollegiate athlete by the institution for purposes of this part so long as the institution does not coerce, compel, or interfere with an intercollegiate athlete's decision to earn compensation from or obtain representation in connection with a specific name, image, or likeness opportunity.
(c) [Deleted by 2022 amendment.]
(d) Intercollegiate athletes who earn compensation for the use of the athlete's name, image, or likeness must disclose any agreement and the terms of such agreement to the institution and file annual reports with the institution in which they are enrolled, at a time and in a manner designated by the institution. The report must include the identities of entities or persons who provide compensation to the intercollegiate athlete, the amount of compensation received from each person or entity, and any other information the institution deems relevant for determining such identities and compensation.
(e) An institution shall not adopt or maintain a rule, regulation, standard, or other requirement that prevents or unduly restricts an intercollegiate athlete from earning compensation for the use of the athlete's name, image, or likeness. Any compensation earned does not affect the intercollegiate athlete's grant-in-aid or athletic eligibility. To the extent that intercollegiate athletes receive need-based financial aid, an institution may adjust an intercollegiate athlete's need-based financial aid as a result of compensation earned for the athlete's name, image, or likeness in the same manner as the institution would for other students with equivalent levels of financial need.
(f) An institution may adopt reasonable time, place, and manner restrictions to prevent an intercollegiate athlete's name, image, or likeness activities from interfering with team activities, the institution's operations, or the use of the institution's facilities.
(g)
1. (1) An institution may prohibit an intercollegiate athlete's involvement in name, image, and likeness activities that are reasonably considered to be in conflict with the values of the institution.
2. (2) An institution may prohibit use of the institution's intellectual property, including, but not limited to, its trademarks, trade dress, and copyrights, by the institution's intercollegiate athletes in the athletes' personal name, image, and likeness activities.
3. (3) Intercollegiate athletes are prohibited from involvement in name, image, or likeness activities that promote gambling, tobacco, alcohol, and adult entertainment.
(h)
1. (1) An intercollegiate athlete may obtain representation by a third party, including, but not limited to, an athlete agent, for the purpose of securing compensation for the use of the athlete's name, image, or likeness. Any third-party representative of an intercollegiate athlete under this part shall be a fiduciary for the represented intercollegiate athlete. All athlete agents who represent intercollegiate athletes under this part for purposes of securing compensation for the use of the athlete's name, image, or likeness must be licensed under § 49-7-2104 and must satisfy the requirements of title 49, chapter 7, part 21. If the athlete's representative is an attorney who represents an intercollegiate athlete for purposes of securing compensation for the use of her or his name, image, or likeness, then the attorney must also be active and in good standing with the board of professional responsibility or equivalent entity in the state in which the attorney is licensed.
2. (2) Parents, siblings, grandparents, spouses, and legal guardians of an intercollegiate athlete who represent the intercollegiate athlete for the purpose of securing compensation for the use of the intercollegiate athlete's name, image, or likeness are not considered to be athlete agents for purposes of this part, and are not subject to the requirements for athlete agents as prescribed by this part.
(i)
1. (1) No intercollegiate athlete or the athlete's representative may enter into an agreement for compensation for the use of the athlete's name, image, or likeness if the agreement conflicts or unreasonably competes with the terms of an existing agreement entered into by the institution the athlete attends.
2. (2) The institution asserting a conflict or unreasonable competition under this subsection (i) must disclose the relevant terms of the institution's existing agreement that conflicts or unreasonably competes with the athlete's agreement to the intercollegiate athlete or the athlete's representative.
(j) Any agreement entered into by an intercollegiate athlete under eighteen (18) years of age for the use of the athlete's name, image, or likeness must be in accordance with title 50, chapter 5, part 2.
(k) An agreement for representation of an intercollegiate athlete or to compensate for the use of an intercollegiate athlete's name, image, or likeness may not be in effect any longer than the duration of the athlete's participation in an athletic program at an institution.
(l) Institutions shall conduct a financial literacy workshop for intercollegiate athletes during the athlete's first full-time term of enrollment. The workshop must cover, at a minimum, information related to the requirements of this part, budgeting, and debt management. An institution may contract with qualified persons or entities to conduct the workshop.

§ 49-7-2803. Interference with intercollegiate athlete's ability to earn compensation prohibited.

An athletic association's governing actions, sanctions, bylaws, and rules must not interfere with an intercollegiate athlete's ability to earn compensation in accordance with this part and must not otherwise impact an intercollegiate athlete's eligibility or full participation in intercollegiate athletic events, unless the intercollegiate athlete has committed a violation of the rules of an institution or an athletic association or chapter 845 of the Public Acts of 2022 is invalidated or rendered unenforceable by operation of law.

Part 29 Consortium of Historically Black Colleges and Universities

§ 49-7-2901. Legislative intent.

It is the intent and purpose of this part to promote and enhance the role of historically black colleges and universities located in this state as prime contributors to the economic growth of the state by encouraging the institutions to continue their efforts to organize a consortium for the purpose of strategically partnering with the state and private industry to effectively achieve superior economic development in this state.

§ 49-7-2902. Part definitions.

As used in this part, unless the context otherwise requires:
1. (1) “Commission” means the Tennessee higher education commission;
2. (2) “Commissioner” means the commissioner of economic and community development;
3. (3) “Department” means the department of economic and community development;
4. (4) “HBCU” means and includes any historically black college or university located in this state, namely Fisk University, Knoxville College, Lane College, LeMoyne-Owen College, Meharry Medical College and Tennessee State University;
5. (5) “Tennessee HBCU consortium” or “consortium” means an organization or association comprised of two (2) or more HBCU institutions, the purpose of which is to facilitate and implement the strategic plans and objectives developed by and between the consortium and the Tennessee HBCU technology partnership; and
6. (6) “Tennessee HBCU technology partnership” or “partnership” means an organization or association formed pursuant to the terms of a memorandum of cooperation by and among the department, the commission, the institutions participating in the consortium and participating organizations from private industry, the purpose of which is to develop certain strategic plans and key objectives to leverage the collective resources of each partnership participant to achieve superior economic growth in this state.

§ 49-7-2903. Funding.

In addition to the educational programs already provided for and funded by the state, financial support may also be provided for the organization, operation and continuation of the Tennessee HBCU consortium. Funding for the consortium shall be in an amount appropriated by the general assembly, and the appropriation shall be expended for the equitable benefit of or distributed by the consortium in equal amounts to the HBCU institutions participating in the consortium to be used exclusively for meeting the key objectives of the consortium and the Tennessee HBCU technology partnership.

§ 49-7-2904. Accomplishment of objectives — Memorandum of cooperation.

(a) The commission is authorized and directed to provide all necessary and appropriate guidance, assistance and support to facilitate strategy development and coordinated implementation by the consortium and the partnership to accomplish their respective and mutual key objectives.
(b) In furtherance of subsection (a), the commission may enter into one (1) or more memoranda of cooperation with the consortium and the partnership on terms deemed by the commission to be appropriate, mutually beneficial and in the best interest of the consortium and the partnership.

§ 49-7-2905. Construction — Expenditure of funds.

This part shall not be construed to be an appropriation of funds and no funds shall be obligated or expended pursuant to this part unless the funds are specifically appropriated by the general appropriations act.

Part 30 Higher Education Financial Accountability

§ 49-7-3001. Risk-based internal financial audits.

(a) The trustees of the University of Tennessee shall require risk-based internal financial audits for the offices of the university president and the chancellors of the campuses comprising the system; provided, that at least thirty percent (30%) of such offices shall be audited in any given year. Such audits shall be reviewed by the board of trustees and the comptroller of the treasury.
(b) The board of regents shall require risk-based internal financial audits of the offices of the chancellor and the presidents and directors of the institutions governed by the board; provided, that at least thirty percent (30%) of such offices shall be audited in any given year. The audits shall be reviewed by the board of regents and the comptroller of the treasury.
(c) Each state university board shall require an annual internal financial audit of the office of the president of the institution. The audit shall be reviewed by the institution's governing board and the comptroller of the treasury.
(d) The audits shall be performed for each fiscal year and shall be completed and furnished to the system's governing body and the comptroller of the treasury by December 1 following the close of each fiscal year.

§ 49-7-3002. Flight log of state-owned airplane.

A flight log shall be maintained for each state-owned airplane used by officers or employees of the University of Tennessee system or its institutions or the state university and community college system, including its universities, for travel related to a system or institution. The log shall show the reason for each flight, the date and final destination of each flight, the time of departure, time of arrival, all stops made prior to reaching the final destination, the length of time of each portion of a flight and the name of any person traveling on any portion of a flight, and the position the person holds with the system or institution. If a person who is not an officer or employee of the system or institution is a passenger on any portion of a flight, then the log shall clearly identify the person, the portion of the flight on which the person is a passenger and show the reason the person is a passenger.

§ 49-7-3003. Restrictions on purchase of alcoholic beverages.

Public institutions of higher education shall not purchase alcoholic beverages, beer, or wine with funds derived from state taxes, tuition, or student fees that are appropriated or reappropriated by the general assembly.

Chapter 8 State University and Community College System

Part 1 General Provisions

§ 49-8-101. System established.

(a)
1. (1) There is established a state university and community college system, to be called the board of regents. The state university and community college system is composed of state universities, community colleges, and state colleges of applied technology.
2. (2)
  1. (A) The board of regents state universities shall be composed of Austin Peay State University, East Tennessee State University, Middle Tennessee State University, Tennessee State University, Tennessee Technological University, and the University of Memphis. The board of regents state universities shall be subject to the authority of a local governing board of trustees, referred to in this chapter as a state university board.
    2 Backlinks
    
    49-8-203(d)
    9-4-610(e)
  2. (B) The management and governance of each state university shall be vested in the institution's respective state university board, subject to certain powers and duties maintained by the Tennessee higher education commission.
  3. (C) During a transition period commencing July 1, 2016, and ending November 30, 2017, the board of regents shall maintain performance of the following functions on behalf of the state university boards: data systems, capital project planning and management, and procurement. By November 30, 2017, the Tennessee higher education commission shall solicit and receive requests from the state university boards to assume the performance of these functions. The Tennessee higher education commission shall approve or deny a state university board's request to assume these functions. A state university board shall not be permitted to assume the performance of these functions until November 30, 2017. If the board of regents continues to perform the functions related to data systems, capital project planning and management, and procurement after the transition period has concluded, a state university board is not precluded from requesting to assume the performance of these functions at any time after November 30, 2017.
3. (3)
  1. (A) The state community colleges shall be composed of Chattanooga State Community College, Cleveland State Community College, Columbia State Community College, Dyersburg State Community College, Jackson State Community College, Motlow State Community College, Nashville State Community College, Northeast State Community College, Pellissippi State Community College, Roane State Community College, Southwest Tennessee Community College, Volunteer State Community College, and Walters State Community College, and other community colleges that may be established. The statewide system of state colleges of applied technology, established under chapter 11, part 4, of this title, shall be composed of the state colleges of applied technology now established and located at Athens, Chattanooga, Covington, Crossville, Crump, Dickson, Elizabethton, Harriman, Hartsville, Hohenwald, Jacksboro, Jackson, Knoxville, Livingston, McKenzie, McMinnville, Memphis, Morristown, Murfreesboro, Nashville, Newbern, Oneida, Paris, Pulaski, Ripley, Shelbyville, and Whiteville. The board of regents is authorized to establish additional state colleges of applied technology or to combine existing state colleges of applied technology as needed to improve operational and administrative efficiencies.
  2. (B) Subject to certain powers and duties reserved for and relegated to the Tennessee higher education commission, the government, management, and control of the state community colleges and the state colleges of applied technology shall be vested in the board of regents.
(b) The board of regents shall work collaboratively with state university boards to ensure alignment between community colleges and state universities, especially in regards to innovation and student success initiatives.
(c)
1. (1) Notwithstanding any law to the contrary, the board of regents, in consultation with the Tennessee higher education commission, shall establish a comprehensive statewide community college system of coordinated programs and services to be known as the Tennessee community college system.
2. (2) It is the legislative intent that the Tennessee community college system operate as a unified system with individual campuses, teaching centers and teaching sites as necessary to maximize the effectiveness of the system in enhancing student success and increasing the number of college degrees held by Tennesseans.
3. (3) In order to carry out this subsection (c), the board shall develop a plan to transition from the existing system of thirteen (13) independently managed institutions to a comprehensive statewide community college system managed as a unified system. Such plan shall identify any statutory changes needed to accomplish the transition.
4. (4) As part of its plan, the board shall identify and implement consolidation of services among institutions and standardization of processes between institutions in order to improve efficiency and effectiveness in all functional areas, including, but not limited to, student services, academic support and institutional support.
5. (5) The plan shall also incorporate the use of block scheduling and cohort programming as a means of delivering educational programs within the Tennessee community college system. Programs developed pursuant to this subdivision (c)(5) shall be developed in a manner that results in the opportunity for more rapid and significantly higher rates of program completion through structured degree programs that incorporate fixed course offerings that meet the requirements for the degree being offered on a predetermined schedule.
6. (6) In carrying out this subsection (c), the Tennessee community college system shall pursue strategies to create mutually beneficial relationships with colleges of applied technology such that certificate programs may be offered at community college sites and community college courses may be offered at colleges of applied technology.
7. (7) This subsection (c) shall be fully implemented no later than July 1, 2012.
(d) All institutions in the state university and community college system shall submit annually institutional mission statements to the Tennessee higher education commission for review and approval. An institutional mission statement shall:
1. (1) Characterize distinctiveness in degree offerings by level, focus, and student characteristics, including, but not limited to, nontraditional students and part-time students; and
2. (2) Address institutional accountability for the quality of instruction, student learning, and, when applicable, research and public service to benefit Tennessee citizens.
(e) Nothing contained in this section shall prohibit any institution from pursuing research and related activities that are consistent with the institution's mission.

10 Backlinks

§ 49-8-102. Admissions generally.

(a)
1. (1) Persons who otherwise meet admission requirements shall be admitted to a state college or university, at in-state tuition rates, if they are residents of the state, or if they are nonresidents whose bona fide place of residence is in a county of another state lying immediately adjacent to a county in this state in which the institution is situated, or if the bona fide residence is within thirty (30) miles of the institution.
2. (2) With respect to nonresidents, subdivision (a)(1) applies only to Austin Peay State University and the University of Memphis.
(b)
1. (1) Nonresidents of the state who meet the conditions for entrance to any of the institutions under the control of the board of regents or a state university board may be admitted on payment of tuition rates that the respective board prescribes.
2. (2) Persons who otherwise meet admissions requirements shall be admitted to Dyersburg State Community College with in-state tuition, if they are residents of the state or if they are nonresidents whose bona fide place of residence is in Mississippi County, Arkansas, or either Dunklin County or Pemiscot County, Missouri. However, those students shall not be counted in the consideration of any future capital construction.
(c) Nonresidents who otherwise meet requirements for admission to a community college shall be admitted to the institution at in-state tuition rates, subject to the following limitations:
1. (1) The nonresidents admitted at in-state tuition rates shall not exceed three percent (3%) of the full-time equivalent attendance of the institution;
2. (2) The nonresident applicant must have a bona fide place of residence in a county that is adjacent to the Tennessee state line and also within a thirty-mile radius of the city in which the institution is located as determined by the Tennessee higher education commission;
3. (3) The Tennessee higher education commission has the authority to determine the number of affected students, and every three (3) years an adjustment shall be made to the number of nonresident students admitted according to this subsection (c); and
4. (4) In the case of any question of admission between applicants who are residents of this state and applicants who are not residents of this state, the preference in admission shall be given to Tennessee residents who are equally qualified relative to nonresident applicants.

§ 49-8-103. [Reserved.]

§ 49-8-104. Rules and regulations for defining residency.

(a) The board of regents and each state university board are authorized to establish from time to time reasonable and appropriate rules and policies defining residency of students, which shall be used for the purpose of determining whether or not out-of-state tuition shall be charged to a student enrolling in a state college or university subject to this chapter.
(b)
1. (1) The board of regents or a state university board may classify a student as a Tennessee resident and charge the student in-state tuition, if the student is a citizen of the United States, has resided in Tennessee for at least one (1) year immediately prior to admission, and has:
  1. (A) Graduated from a Tennessee public secondary school;
  2. (B) Graduated from a private secondary school that is located in this state; or
  3. (C) Earned a Tennessee high school equivalency credential approved by the state board of education.
2. (2) Subdivision (b)(1) shall not be construed to limit the authority of the board of regents or a state university board under subsection (a) to establish other reasonable and appropriate rules defining additional categories of residents.

11 Backlinks

§ 49-8-105. Training schools for practice teachers.

(a) Any state college or university under the direction of the board of regents or a state university board is authorized 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), for the purpose of providing practice teaching experience for teachers in training, and the students enrolled in the school shall be taught the same course of study as prescribed by the state board of education for the public school system in grades pre-kindergarten through twelve (pre-K-12), or the grades appropriate for the particular school.
(b) Each institution, acting through its governing board, may contract with a local board of education to provide the teaching of the children of public school age in the training school, whereby the training school shall 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 institution.
(c) It shall not be mandatory for a state college or university subject to this chapter to maintain a training school; provided, that arrangements can be established and approved by the board of regents or state university board by which practice teaching experience can be provided in the county and city school systems of the state.
(d) In the event the training school does not maintain a school for grades pre-kindergarten through twelve (pre-K-12), the contract between the board of regents or state university board and the county or city board of education shall direct the allocation of funds between the local boards of education and the training school, as the parties determine will best achieve the objective of providing practice teaching for teachers in training.

§ 49-8-106. Reserve officer training.

(a) The governing board of each institution subject to this chapter is authorized and empowered to establish reserve officers training corps units in any public college or university under its jurisdiction, to execute and deliver bond, with or without surety, in such manner and on such terms and conditions as may be required by the United States, for the care and safekeeping of the transportation animals, arms, ammunition, supplies, tentage, and equipment that may be necessary or desirable for the operation, conduct, and training of any reserve officers training corps units of the armed forces of the United States authorized by law at any time, to be conducted in conjunction with any public college or university under its jurisdiction.
(b) The authority delegated to a governing board in subsection (a) may, at the board's discretion, be delegated to the presidents of the several universities, colleges, and institutions, now or hereafter under its control.
(c) Nothing in § 49-3-1106 shall limit the authority conferred in this section.
(d) Under authority of this section, suits may be brought by the United States against the individual state universities or the community college system of this state.

§ 49-8-107. Fiscal procedures.

(a)
1. (1) Austin Peay State University, East Tennessee State University, Middle Tennessee State University, Tennessee State University, Tennessee Technological University, the University of Memphis, and, subject to prior approval of the commissioner of finance and administration and the comptroller of the treasury, the state colleges of applied technology and community colleges are authorized to maintain bank accounts in their own names and to draw vouchers and checks for their expenditures through their own disbursing officers to maintain their own fiscal procedure under rules prescribed by the board of regents and the state university boards.
2. (2) The institutions shall furnish monthly statements of their requirements to the commissioner of finance and administration, who shall draw a state warrant for the expenditures.
(b) The purpose of this section is to provide that the state institutions enumerated in subsection (a) shall enjoy the same privileges now enjoyed by the University of Tennessee under the direction and supervision of the board of trustees of the University of Tennessee.

§ 49-8-108. Attaining university status.

(a)
1. (1) The Tennessee higher education commission is authorized and empowered to develop reasonable and objective rules and standards for the purpose of determining when degree-granting institutions of higher learning under its jurisdiction have attained the status of a university.
2. (2) The rules and standards shall take into consideration such factors as variety and depth of instructional programs and the various resources of the institution.
(b) Whenever a state degree-granting institution of higher learning has achieved the status of a university in accordance with the rules and standards authorized in subsection (a), the commission may designate the degree-granting institution of higher learning a university.
(c) Neither this section nor the authorizations conveyed in this section shall have any effect on institutions of higher learning that have already been designated as universities by action of the general assembly.

§ 49-8-109. Student access to facilities and functions.

(a) All facilities of and any and all social, athletic and cultural functions sponsored by a state institution of higher learning, industry, state universities and colleges, technical schools, community colleges and state colleges of applied technology shall be available to all students who are enrolled in at least six (6) hours or more of credit courses of the institutions.
(b) The facilities and functions shall be available to the students upon the payment of any regular activity fee that is required of full-time students for the enjoyment of the facilities and functions.
(c) Any student who is enrolled in at least six (6) hours or more of credit courses of the institutions shall be issued a student identification card if the card is required for identification and admission to the facilities and functions.

§ 49-8-110. Student activity fee increases.

(a) A referendum providing for an increase in that portion of the activity or maintenance fee received by the student government association may be held for student body approval or rejection.
(b) The referendum shall be held at the election for student government association offices and shall be on the ballot with the candidates for the offices.
(c) The referendum shall be held if the student government association legislative body votes to hold such a referendum and if the administrative body of the state university or community college designated to supervise and advise the student government association approves the decision to hold a referendum.
(d)
1. (1) In the event a majority of the students voting in the election approve the question submitted in the referendum, then that portion of the activity or maintenance fee allocated to the student government association shall be increased by the amount approved.
2. (2) The increased portion shall be used for student projects, student activities and student scholarships.
3. (3) The uses shall be approved by the administrative body of the state university or community college designated to supervise and advise the student government association.

§ 49-8-111. Powers regarding property.

(a) Every college and university is authorized and empowered to sell or convey any lot, plot or tract of land that has been acquired through purchase, gift, devise or by any other means; provided, that:
1. (1) The land is unsuitable for use by the college or university at present or in the future, or not needed by the college or university;
2. (2) The state building commission approves of the sale or conveyance; and
3. (3) The college or university obtains a certified appraisal of the land from a recognized real estate appraiser in the locality of the college or university. The state building commission may require a second appraisal to be completed by a qualified appraiser, wholly disconnected from the first appraiser, prior to the disposal of the property.
(b) The receipts from the sale or conveyance shall be deposited in the capital outlay fund of the selling college or university.
(c) Subsections (a) and (b) do not apply to the University of Tennessee system.
(d)
1. (1) The board of regents is authorized to sell, upon approval of the state building commission, property which has been acquired for use by the central office of the board. The proceeds from the sale may be used as the board determines; provided, that the use shall be for purposes that are long term and nonrecurring in nature and that are otherwise permitted by law.
2. (2) Funds shall only be expended pursuant to this subsection (d) if the expenditure is approved by the education committee of the senate and the education administration committee of the house of representatives.

1 Backlink

11-14-305(b)(7)

§ 49-8-112. Employees — Accrual of leave.

(a) Any person who has or who shall leave the employment of a public school system as defined in § 49-1-103 and become employed full time by a college or university as defined in § 49-8-101 shall be eligible to accrue annual leave from the date of employment by the college or university according to § 8-50-801, with the years of public school employment being used to determine the total full-time service, after employment for one (1) school year or its equivalent by the college or university; provided, that the employment by a college or university is within two (2) years from the date of termination with a public school system.
(b) The board of regents and each state university board shall promulgate rules and regulations to be followed by each college or university under its jurisdiction to uniformly implement this section.

§ 49-8-113. Monthly payment for dormitory and cafeteria services.

(a)
1. (1) The board of regents and each state university board shall establish a program whereby each of their respective institutions of higher education providing dormitory facilities and cafeteria services shall offer a room plan whereby students may pay for use of the facilities and services on a monthly basis.
2. (2) Any increase in funds necessary to fund the administration of the program shall be charged as a special service charge to students participating in the program.
(b) The board of regents and each state university board shall promulgate rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, which:
1. (1) Require the room deposit of any student participating in the program to be retained until the end of the quarter, semester, or session, as is appropriate; and
2. (2) Deny readmittance to any student who participated in the program who left the institution without paying all charges pursuant to the program until all delinquent charges and interest on the charges are paid in full.

§ 49-8-114. Contracts — Small businesses — Minority owned businesses.

(a) Notwithstanding any other law to the contrary, state universities and community colleges may set aside an amount not to exceed ten percent (10%) of the total amount of funds allocated for the procurement of personal property and services for the purpose of entering into contracts with small businesses and minority-owned businesses. The contracts shall be competitively bid among small businesses and minority-owned businesses.
(b) For the purposes of this section, “small businesses” and “minority-owned businesses” mean a business that is solely owned, or at least fifty-one percent (51%) of the outstanding stock of which is owned, by a person who is impeded from normal entry into the economic mainstream because of past practices of discrimination based on race, religion, ethnic background, sex or service in the armed forces during the Vietnam War; provided, that it is not the policy of the state to encourage employment outside the home of mothers of minor children. “Minority-owned businesses” includes a business that is solely owned, or at least fifty-one percent (51%) of the assets or outstanding stock of which is owned, by an individual who is impeded from normal entry into the economic mainstream because of a disability as defined in § 4-26-102. “Minority owned businesses” also includes a business that is solely owned, or at least fifty-one percent (51%) of the assets or outstanding stock of which is owned, by an individual who is impeded from normal entry into the economic mainstream because of past practices of racial discrimination against African-Americans.

§ 49-8-115. [Repealed]

§ 49-8-116. Trenton community college facility.

(a) The community college satellite facility at Trenton, authorized by chapter 1085, § 41, item 6 of the Public Acts of 1990, is transferred to the ownership of the board of regents for the benefit of Dyersburg State Community College, which shall be responsible for the maintenance and upkeep of the Trenton facility.
(b) Ownership of the community college satellite facility at Trenton shall be relinquished by the board of regents and returned to the City of Trenton if the facility is used for other than educational purposes.

§ 49-8-117. Support staff — Grievance procedure.

(a)
1. (1) The board of regents, each state university board, and the University of Tennessee shall establish a grievance procedure for all support staff employees.
2. (2) “Support staff” means employees who are neither faculty nor executive, administrative, or professional staff of any institution or board subject to this chapter and the University of Tennessee.
3. (3) Support staff shall be given every opportunity to resolve bona fide grievances through the grievance procedure. Every reasonable effort shall be made to resolve grievances at the lowest possible step in the procedure.
4. (4) Employees using or involved in the grievance procedure shall be entitled to pursue their grievances without fear, restraint, interference, discrimination or reprisal.
(b)
1. (1) A grievance must be filed at the appropriate step in the grievance procedure within fifteen (15) working days after the employee receives notice or becomes aware of the action that is the basis for the grievance.
2. (2) “Grievance” means a complaint about one (1) or more of the following matters:
  1. (A) Demotion, suspension without pay or termination for cause; or
  2. (B) Work assignments or conditions of work that violate statute or policy.
3. (3) Any complaint about demotion, suspension without pay or termination for cause shall receive a hearing covered under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3. In issues involving unlawful discrimination and harassment, the employee may choose a hearing under that act or the panel hearing.
4. (4) Standard grievance forms shall be developed and made available to support staff at each worksite. No grievance may be denied because a standard form has not been used.
5. (5) The grievance procedure shall include no more than four (4) steps to finality.
6. (6) The grievance procedure shall include the opportunity for a face-to-face meeting within fifteen (15) days after the grievance is filed, and within fifteen (15) days after each subsequent step in the procedure is initiated.
7. (7) The grievant shall receive a written decision with specific reasons stated for the decision within fifteen (15) working days after a face-to-face meeting occurs.
8. (8) The grievant and any material witnesses shall be allowed to testify fully at every step in the grievance procedure.
9. (9) The grievance procedure shall include an unbiased commission or panel as the final step for processing grievances regarding work assignments or conditions of work not otherwise covered in subdivision (b)(3). The decision of the panel is subject to review by the president.
10. (10) At every step in the grievance procedure other than a Uniform Administrative Procedures Act hearing, the grievant shall be entitled to be accompanied and represented by an employee representative from the institution. Other employee representatives may be allowed at the panel hearing at the discretion of the panel chair.
(c) The board of regents, each state university board, and the board of trustees of the University of Tennessee shall provide an annual report to the education committee of the senate and the education administration committee of the house of representatives summarizing grievance activities of the previous year.
(d) Each institution shall include information regarding the grievance procedure in employee orientations.
(e) Each institution governed by the board of regents, a state university board, or the board of trustees for the University of Tennessee shall make the grievance procedure for the institution's support staff employees available on its website.

§ 49-8-118. Contracting for vending operations.

(a) If the department of human services does not at any time exercise its preference under § 71-4-503, the board of regents may award a contract to any qualified third-party provider to provide vending operations located in a residence hall or similar housing facility that relies upon the profits of the vending operations for the facility's support and maintenance.
(b) If at any time a vending facility is established under § 71-4-503 in a self-supporting residence hall or similar housing facility, and when profits generated by the vending machines would otherwise be dedicated in substantial part to the financial support and maintenance of the residence halls, it is the responsibility and obligation of the particular college or university to contribute to the support and maintenance of the residence hall, using revenue derived from vending machines on other parts of the campus not already under the management of a licensed blind vendor, to offset in total the lost revenue.

§ 49-8-119. American sign language — Satisfaction of foreign language admission requirements.

By July 1, 2019, each state institution of higher education operated by the board of regents and each state university shall adopt a policy to allow American sign language courses to satisfy any foreign language requirements for admission to an undergraduate degree program.

Part 2 Board of Regents

§ 49-8-201. Composition.

(a)
1. (1) The board shall consist of nineteen (19) members, including four (4) ex officio members who shall be the governor, the commissioners of education and agriculture and the executive director of the higher education commission.
2. (2) The executive director of the higher education commission shall serve as a nonvoting member.
3. (3)
  1. (A) Twelve (12) public members shall be appointed by the governor, one (1) of whom shall be from each congressional district, and three (3) at-large from different geographical areas of the state; provided, however, that after July 1, 2016, at-large appointments may be either residents from different geographical areas of the state or non-Tennessee residents.
  2. (B) In appointing public members to the board, the governor shall strive to ensure that at least one (1) person serving on the board is sixty (60) years of age or older, that at least one (1) person serving on the board is an honorably discharged military veteran of the United States armed forces, and that at least one (1) person serving on the board is a member of a racial minority.
  3. (C) Appointments made after January 1, 1995, shall alternate such that every other appointment of a new member to the board shall be a female until the membership of the board reflects the percentage of females in the population generally, after which this subdivision (a)(3)(C) shall cease to be effective.
  4. (D) Beginning July 1, 2017, two (2) members, appointed by the governor, shall be current faculty members at a community college or college of applied technology governed by the board of regents, who served as faculty senate president or the equivalent during the academic year immediately preceding appointment as a regent. One (1) faculty member shall be a voting member and one (1) faculty member shall be a nonvoting member to allow a faculty member to serve one (1) year as a nonvoting member before becoming the voting member. The voting positions shall rotate among the institutions governed by the board of regents. Beginning July 1, 2017, the voting member shall be from a college of applied technology, and the nonvoting member shall be from a community college. The voting and nonvoting members shall each serve a one-year term. On July 1, 2018, the previous nonvoting member from a community college shall become the voting member, and a new nonvoting member from a college of applied technology shall be appointed. Thereafter, the voting and nonvoting positions shall rotate between the community colleges and the colleges of applied technology. The board of regents shall adopt a process ensuring that the position of faculty regent rotates among all of the institutions in the system.
4. (4) The terms of the first at-large members shall be two (2), four (4) and six (6) years, with the terms of the remaining initial eight (8) members to be one (1), two (2), three (3), four (4), five (5), six (6), seven (7) and eight (8) years. The terms for all public members shall begin July 1, 1972. As their terms expire, successors shall be appointed for nine-year terms; provided, that on April 26, 1988, the term shall be for six (6) years, and as each current term expires the successor appointee shall be appointed for a six-year term.
5. (5) The appointed members shall be subject to confirmation by the senate, but appointments shall be effective until adversely acted upon by the senate.
6. (6) Members shall be eligible for reappointment.
7. (7) If a vacancy occurs, except by reason of expiration of term, it shall be filled for the remainder of the term.
8. (8) Each of the two (2) leading political parties shall be represented by at least three (3) appointive members.
9. (9) At least one (1) of the appointed members shall be under thirty (30) years of age.
10. (10) The position of any at-large member of the board shall be vacated at such time as the member ceases to have the member's domicile in this state.
11. (11) The position of any member appointed from the congressional districts shall be vacated at such time as the member ceases to have the member's domicile in that district. However, no incumbent member shall be removed from the member's seat prior to the expiration of the member's current term as a result of changes in congressional districts occasioned by reapportionment.
12. (12) No employee of any public institution of higher education, any elected or appointed official or employee of the state or any member of a governing body for any institution of higher education may serve as a public member of the board while so employed.
(b)
1. (1) One (1) member of the board shall be a student who shall be appointed annually by the governor from a list of three (3) nominees selected and submitted no later than the month of April by the presidents of the student government associations or the equivalent of all state colleges of applied technology and community colleges.
2. (2) The student member shall serve for a term of one (1) year, commencing on July 1 following the member's appointment by the governor, and must retain status as a full-time student in good standing in an institution governed by the board of regents for the duration of the student's term on the board, except that a student member who graduates during the student's term as regent may complete that term.
3. (3) The student regent nominees shall be selected in accordance with the following provisions:
  1. (A)
    1. (i) One (1) nominee shall be enrolled at the time of nomination as a full-time student at a community college governed by the board of regents;
    2. (ii) One (1) nominee shall be enrolled at the time of nomination as a full-time student at a college of applied technology;
    3. (iii) One (1) nominee shall be enrolled at the time of nomination as a full-time student at any community college or college of applied technology governed by the board of regents, provided that neither of the other two (2) nominees is enrolled at the same institution;
  2. (B) All nominees for the position of student regent shall be residents of this state; and
  3. (C) A majority of the presidents of the student government associations or the equivalent of all state colleges of applied technology and community colleges governed by the board of regents shall constitute a quorum for the purpose of conducting business of the nomination. A two-thirds (⅔) vote of the quorum shall be required to effect all nominations.
4. (4) The chancellor of the board of regents, or the chancellor's designee, shall notify all presidents of student government associations or the equivalent at institutions governed by the board of regents of the necessity for the conference described in this subsection (b).
(c)
1. (1) The board shall hold at least one (1) stated meeting annually on a day or days determined by the board from year to year and at called meetings that may be necessary, to be called by the secretary, giving at least five (5) days' notice to the board members, but the board may adjourn the stated or called meetings to any date that it may set for adjournment.
2. (2) Meetings of the board and meetings of the standing committees of the board must be made available for viewing by the public over the internet by streaming video accessible from the board’s website. Archived videos of such meetings must also be available to the public through the board’s website.
(d) The board shall elect from its members a chair and other officers it deems appropriate, shall determine their terms of office and shall adopt rules for the organization and conduct of business.
(e) Nothing in chapter 869 of the Public Acts of 2016 shall be construed to affect the terms of the existing members of the board of regents. Amendments to or revisions of this section shall not affect the current members of the board of regents, who shall continue to serve until the expiration of their terms.
(f)
1. (1)
  1. (A) Each state university board shall consist of ten (10) members of which nine (9) members shall be voting members and one (1) member shall be a nonvoting member. The nonvoting member shall be a student representative. Of the (9) voting members, at least six (6) members shall be residents of this state.
  2. (B) Eight (8) of the voting state university board members shall be appointed by the governor.
  3. (C) At least three (3) of the members appointed by the governor shall be alumni of the institution for which they are serving. “Alumnus” shall mean a person who is a graduate of the institution.
  4. (D) In making appointments, the governor shall strive to ensure that the state university boards are composed of members who are diverse in sex, race, perspective, experience, and honorable military service.
  5. (E) One (1) voting board member shall be a faculty member of the institution who shall be selected in a manner determined by the faculty senate of the respective institution.
  6. (F) The nonvoting student member shall be appointed by the state university board.
2. (2)
  1. (A) The initial terms of the members appointed by the governor to a state university board shall be three (3), four (4), and six (6) years. Three (3) members shall serve a three-year term; three (3) members shall serve a four-year term; and two (2) members shall serve a six-year term. As the initial terms of the initial board members expire, successors shall be appointed for six-year terms.
  2. (B) The faculty member shall serve a term of two (2) years.
  3. (C) The nonvoting student member shall serve a term of one (1) year.
3. (3) The eight (8) members of a state university board appointed by the governor shall be subject to confirmation by the senate and the house of representatives, but appointments shall be effective until adversely acted upon by joint resolution of the senate and the house of representatives.
4. (4) State university board members appointed by the governor shall be eligible to serve for two (2) consecutive terms. A member who serves two (2) consecutive terms on a state university board may be reappointed after at least four (4) years have elapsed since the member's last date of service.
5. (5) If a vacancy occurs by death or resignation, the vacancy shall be filled for the remainder of the term. If a vacancy occurs by reason of expiration of term, the board member whose term is expiring shall serve until a successor is appointed.
6. (6) The following individuals are prohibited from serving as a member of a state university board for so long as they hold the office or position:
  1. (A) Employees of any public institution of higher education; except those faculty members appointed to the board under subdivision (f)(1)(E);
  2. (B) Elected or appointed officials;
  3. (C) State employees; and
  4. (D) Members of a governing body for a public institution of higher education.
7. (7)
  1. (A) The Tennessee higher education commission shall coordinate and administer an orientation training program, as well as an ongoing continuing education program, for governing board members. This training shall include a perspective on higher education that incorporates national experts in higher education governance. This training shall address the roles and responsibilities of governing boards; the legal and ethical responsibilities of trustees; the board's role in upholding academic standards, intellectual diversity, and academic freedom; budget development; presidential searches and evaluation; the role of higher education in K-12 collaboration; and setting strategic goals. Initial training shall be conducted prior to the first called meeting of the board. In subsequent years, all newly appointed members shall attend orientation seminars within their first year of service.
  2. (B)
    1. (i) Each state university board's first meeting after all members have been appointed shall be upon the call of the governor, at which point the state university boards shall assume responsibility for the management and governance of their respective institutions.
    2. (ii) The state university boards thereafter shall meet at least four (4) times each year.
    3. (iii) Meetings of the state university boards shall be made available for viewing by the public over the internet by streaming video accessible from the respective institution's website. Archived videos of the board meetings shall also be available to the public through the respective institution's website.
8. (8)
  1. (A) A state university board shall elect from its members a chair and other officers the board deems appropriate. The chair shall serve a term of two (2) years.
  2. (B) The board shall adopt by-laws and rules for the organization and conduct of its business.
  3. (C) To the extent that the policies and guidelines adopted by the board of regents as of July 1, 2016, are applicable to the state university boards and their respective institutions, such policies shall be deemed the policies and guidelines of the state university boards and their respective institutions until rescinded or revised by the respective state university boards. Boards shall adopt a policy that facilitates ongoing professional development for members.
(g) Board of regents and state university board members shall receive no compensation for their services, but shall be entitled to reimbursement for travel expenses incurred in the performance of their official duties, in conformity with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.

8 Backlinks

§ 49-8-202. Chief executive officer — Staff.

(a)
1. (1) The board of regents is empowered to employ a chief executive officer of the board of regents whose office shall be located in Nashville.
2. (2) The board shall define the chief executive officer's duties, and within budgetary limitations, fix the chief executive officer's compensation.
3. (3) The chief executive officer shall serve at the pleasure of the board and shall have educational preparation and experience that qualify the chief executive officer for leadership of a large complex system of public higher education.
(b) The board or its designated representative is empowered to employ additional professional and staff employees as may be appropriate for the efficient discharge of its duties.
(c) All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.

§ 49-8-203. Powers and duties.

(a)
1. (1) With respect to the institutions they govern, each state university board and the board of regents has the power to:
  1. (A) Select and employ the chief executive officers of the institutions and to confirm the appointment of administrative personnel, teachers, and other employees of each state institution and to fix their salaries and terms of office;
  2. (B) Prescribe curricula and requirements for diplomas and degrees. The board of regents and the state university boards shall maintain alignment across state higher education by working to develop curricula requirements that promote student success, postsecondary completion, and advancement of the Tennessee higher education commission state master plan;
  3. (C) Approve the operating budgets and set the fiscal policies for the schools and programs under its control. Each state university board shall have the power to approve the operating budget and set the fiscal policy for the university under its control. In order to ensure the ability to satisfy both contractual obligations to the Tennessee state school bond authority and obligations to that authority's bondholders, the board of regents shall have authority over, and shall give final approval to, the operating budget of each state university. The funds appropriated for each state university shall initially be distributed by the department of finance and administration to the board of regents, which shall then distribute such funds to each state university in such amounts as were appropriated minus any deduction or deductions required to be made by the board of regents pursuant to any financing agreement, or other similar agreement, then existing by and between the board of regents and the Tennessee state school bond authority or any successor organization. Notwithstanding any provision of law, the board of regents shall retain all powers and duties with respect to each state university, state community college, and Tennessee college of applied technology, including, but not limited to, any projects at such institutions which are necessary for the board of regents to fulfill its covenants, representations, agreements, and obligations under any financing agreement, then existing by and between the board of regents and the Tennessee state school bond authority, or any successor organization, on July 1, 2016, as the same may be amended pursuant to the terms thereof, or any successor or similar agreement subsequently entered into by and between the board of regents and the Tennessee state school bond authority;
  4. (D) Establish policies and regulations regarding the campus life of the institutions, including, but not limited to, the conduct of students, student housing, parking, and safety; and
  5. (E) Assume general responsibility for the operation of the institutions, delegating to the chief executive officer of each respective institution such powers and duties as are necessary and appropriate for the efficient administration of the institution and its programs.
2. (2) The board of regents has the power to receive donations of money, securities, and property from any source on behalf of the community colleges and the Tennessee colleges of applied technology, which gifts shall be used in accordance with the conditions set by the donor. Each state university board has the power to receive donations of money, securities, and property from any source on behalf of the institution it governs, which gifts shall be used in accordance with the conditions set by the donor.
3. (3) The board of regents and each state university board has the power to purchase land subject to the terms and conditions of state regulations, to condemn land, to erect buildings, and to equip them for the institution subject to the requirements of the state building commission and to the terms and conditions of legislative appropriations. Each board shall be vested with title to property so purchased or acquired.
4. (4) The board of regents and each state university board has other powers, not otherwise prescribed by law, that are necessary to carry out this part, and it is the expressed legislative intent and purpose to vest similar and comparable responsibility and authority in each board as is authorized for the board of trustees of the University of Tennessee; provided, that in exercising any power to borrow money for any purpose, whether by the issuance of bonds or notes or by any other method, each board shall first secure the approval of the state school bond authority.
(b) Notwithstanding any other law, the board of regents, a state university board, or any institution subject to this chapter is not authorized to borrow money for any purpose, whether by the issuance of bonds or notes or by any other method, without first securing the approval of the state school bond authority.
(c) State university boards shall manage and initiate capital and real estate transactions; provided, that such transactions are within the scope of a master plan approved by the Tennessee higher education commission.
(d) The title of the property held on behalf of the state universities named in § 49-8-101(a)(2)(A) by the board of regents shall be transferred to the respective state university board upon assumption of responsibility no later than June 30, 2017.
(e) A state university board shall ensure the board's institution remains in compliance with the transfer and articulation provisions of § 49-7-202.
(f) The board of regents, the state university boards, and the institutions subject to this chapter shall not enter into any final agreement or other final arrangement for a merger or consolidation with a private institution of higher education without the authorization of the general assembly, acting through legislation, resolution, or appropriations.
(g) It is unlawful for any member of a state university board or the board of regents to be financially interested in any contract or transaction affecting the interests of any institution governed by the board, or to procure, or be a party in any way to procuring, the appointment of any relative to any position of financial trust or profit connected with the universities and colleges governed. A violation of this subsection (g) shall subject the member so offending to removal by the governor or the board.
(h) Except for the purposes of inquiry or information, a member of the state university board shall not give direction to or interfere with any employee, officer, or agent under the direct or indirect supervision of the chief executive officer of the respective institution.
(i) Each institution subject to this chapter shall provide data to the Tennessee higher education commission for information, assessment, and accountability purposes, to be used in a statewide data system that facilitates the public policy agenda developed by the commission. The commission shall determine the data elements necessary to carry out this task.
(j) Notwithstanding any provision of this part or any law to the contrary, the state university boards and their respective institutions shall continue to be participating employers in the Tennessee consolidated retirement system and utilize such claims administration services, risk management programs, investment funds and trusts, and retirement and deferred compensation programs, or any successor programs and services in the same fields, as are provided or administered by the department of treasury to any of the state universities on July 1, 2016, until the effective date of any subsequent legislation authorizing procurement from another provider.
(k) Institutions shall ensure that any data system employed for student information is interoperable with the statewide student information system used by the board of regents and the higher education commission.
(l) Each institution subject to this chapter shall make a report annually to the higher education commission on any academic program terminations which shall be submitted by the higher education commission to the education committee of the senate and the education administration committee of the house of representatives.
(m) Upon formal request by the higher education commission, the board of regents and each state university board authorized under this chapter shall assist the commission in convening representatives of the institutions and governing boards, as authorized by § 49-7-202(p), to help ensure a cohesive and coordinated system of higher education public policy in Tennessee.

§ 49-8-204. Code of ethics — Material violation — Hearing — Vacancy.

(a) The board of regents and each state university board shall establish and adopt a code of ethics that shall apply to and govern the conduct of all appointed members of each board.
(b) Notwithstanding any other law to the contrary, by a two-thirds (2/3) vote of its membership, the board of regents and each state university board may remove any appointed member of the respective board for a material violation of the code of ethics.
(c) A board vote to remove one (1) of its members shall only be taken after the accused member has been afforded a due process contested case hearing in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, and a finding has been made that the member did violate the board's code of ethics.
(d) If a member is removed in accordance with this section, the position shall be considered vacant and the vacancy shall be filled as provided by law.

§ 49-8-205. Authority to contract and partner with local governments to provide educational and workforce development programs to assist with reducing recidivism rates.

In addition to all other authorized functions of the community colleges and state colleges of applied technology within the board of regents, each institution is authorized to contract and partner with local governments for the purpose of providing educational and workforce development programs to assist with reducing recidivism rates of criminal offenders held in local correctional facilities and improving opportunities for successful reentry upon release from incarceration.

Part 3 Tenure

§ 49-8-301. Authority of board.

(a) The board of regents and each state university board shall promulgate a tenure policy or policies for faculty at their respective institutions, which policy or policies shall ensure academic freedom and provide sufficient professional security to attract the best qualified faculty available for the institutions.
(b) Pursuant to this part, the board shall:
1. (1) Define the nature of tenure at institutions and the rights and responsibilities of faculty with tenure;
2. (2) Determine the minimum qualifications and requirements for eligibility of faculty for tenure and the conditions precedent to the award of tenure by the board;
3. (3) Provide for the termination of faculty with tenure by institutions for adequate cause, for retirement or disability and for financial reasons or curricular reasons in an institution in the discretion of the board or its designee; and
4. (4) Provide for all other matters relating to tenure deemed necessary by the board.
(c)
1. (1) Tenure shall only be acquired by a faculty member in an institution upon positive approval by the board, and no other type of tenure or right similar to tenure shall be acquired by a faculty member.
2. (2) Faculty with tenure shall be subject to all reasonable changes in the tenure policy adopted by the board; provided, that faculty who have previously been awarded tenure shall retain their tenured status under any new policy. Present faculty in probationary employment shall be given credit for service in an institution toward completion of any new probationary period.

§ 49-8-302. Action against tenured employee — Grounds.

“Adequate cause” for termination of faculty with tenure includes the following:
1. (1) Incompetence or dishonesty in teaching or research;
2. (2) Willful failure to perform the duties and responsibilities for which the faculty member was employed or refusal or continued failure to comply with the policies of the board, institution or department or to carry out specific assignments, when the policies or assignments are reasonable and nondiscriminatory;
3. (3) Conviction of a felony or crime involving moral turpitude;
4. (4) Improper use of narcotics or intoxicants that substantially impairs the faculty member's fulfillment of departmental and institutional duties and responsibilities;
5. (5) Capricious disregard of accepted standards of professional conduct;
6. (6) Falsification of information on an employment application or other information concerning qualifications for a position; and
7. (7) Failure to maintain the level of professional excellence and ability demonstrated by other members of the faculty in the department or division of the institution.

§ 49-8-303. Procedures for action against tenured employee.

(a) The board of regents and each state university board shall develop procedures for the termination of faculty with tenure for adequate cause by the institutions following a hearing that ensures due process, which procedures shall include the following minimum requirements:
1. (1) The faculty member shall be notified of the specific charges in writing, and shall be notified of the time, place, and nature of the hearing at least twenty (20) days prior to the hearing;
2. (2) The faculty member shall have the right to be represented by counsel of the faculty member's own choice;
3. (3) A verbatim record of the hearing shall be made, and a typewritten copy made available to the faculty member for a reasonable fee at the faculty member's request;
4. (4) The burden of proof that adequate cause for termination exists shall be upon the institution and shall be satisfied only by clear and convincing evidence in the record considered as a whole;
5. (5) The faculty member shall have the right to confront and cross-examine all witnesses; and
6. (6) The findings of fact and the decision shall be based solely on the hearing record.
(b) The board of regents and each state university board shall adopt all additional procedures the respective board deems necessary for the hearings and may provide for review of the decision by the board or its designee based upon the record.
(c) A faculty member serving a probationary period shall be given an oral statement of the reason for nonappointment to the institution's faculty.

§ 49-8-304. Judicial review.

(a) A faculty member who has been awarded tenure and who has been dismissed or suspended for cause may obtain de novo judicial review of the final decision by filing a petition in a chancery court having jurisdiction within thirty (30) days of the final decision and copies of the petition shall be served upon the board and all parties of record.
(b) Within forty-five (45) days after service of the petition, or within such further time allowed by the court, the board of regents or the state university board shall transmit to the court the original or a certified copy of the entire record of the proceeding.
(c) The chancellor shall reduce the chancellor's findings of fact and conclusions of law to writing and make them parts of the record.
(d) The chancellor may award back pay in the event a determination is made that dismissal was not appropriate.

Part 4 Chattanooga State Community College

§ 49-8-401. General provisions.

(a) Chattanooga State Community College is authorized to provide comprehensive one- and two-year occupational, college parallel, continuing education and community service programs.
(b) The school shall continue to provide high quality technical and scientific occupational programs and serve as a regional technical school to train engineering technicians for industry and prepare students to earn a living as technicians or technical workers in the fields of production, distribution or service.
(c) It is the further intent of the general assembly that in the geographical area served by Chattanooga State Community College, there shall be a coordinated program of postsecondary educational offerings provided without unnecessary duplication among the state colleges of applied technology, community colleges and the University of Tennessee at Chattanooga.

Part 5 East Tennessee State University

§ 49-8-501. Marshall T. Nave Paramedical School.

(a) The Marshall T. Nave Paramedical School located in Elizabethton, under the governance of the state board of education, which includes the school's facilities, funds, assets, properties and liabilities, is transferred to, in order to become a unit of, the East Tennessee State University.
(b) The transfer shall place the paramedical school under the control, direction, and supervision of East Tennessee State University and its state university board.

§ 49-8-502. Tennessee Center for Nursing Advancement. [Repealed effective July 1, 2028.]

(a) The Tennessee Center for Nursing Advancement is established within East Tennessee State University to address issues of nursing workforce needs, including issues of recruitment, retention, and utilization of nursing workforce resources that are within the current scope of the practice of nurses.
(b) The center shall:
1. (1) Develop a strategic statewide plan for nursing manpower based on a detailed analysis of workforce needs;
2. (2) Establish and maintain a database on nursing workforce needs, including current data and future projections;
3. (3) Routinely convene representatives of nursing professionals, healthcare professional organizations, business and industry leaders, and other stakeholders to solicit:
  1. (A) Reviews and comments on data analysis provided by the center; and
  2. (B) Recommendations for systematic changes and strategies to implement the recommended changes; and
4. (4) Enhance and promote activities for nurses in this state to be recognized, rewarded, and renewed.
(c)
1. (1) The center may utilize an annual survey to collect nursing workforce data from healthcare facilities licensed under title 68, facilities licensed under title 33, and the Tennessee higher education commission.
2. (2) Data collection under this subsection (c) may include employment and turnover rates, successful recruitment and retention practices, and future projections.
3. (3) The center may publish data collected under this subsection (c) in aggregate form, but must not publish or release data that is otherwise confidential under state or federal law.
(d) The center may collect data from the board of nursing that informs the work of the center, including, but not limited to, the number of current licensees and future projections of licensees.
(e) The center shall submit an annual report of the center's statewide plan to the governor, the speaker of the house of representatives, and the speaker of the senate by July 1 of each year, beginning July 1, 2023.
(f) This section is repealed on July 1, 2028.

Part 6 University of Memphis

§ 49-8-601. Nuclear indemnity agreement.

Subject to approval by its state university board, the University of Memphis is authorized to enter into an indemnity agreement with the United States nuclear regulatory commission, as required pursuant to 42 U.S.C. § 2210 and 10 C.F.R. § 140.95, in connection with its nuclear facility operating license.

§ 49-8-602. Center for Earthquake Research and Information.

(a) There is established the Tennessee Center for Earthquake Research and Information, which shall operate as a division of the University of Memphis, to provide services such as the following:
1. (1) Accurate, immediate reports for individuals, governmental agencies and the news media on the occurrence of earthquakes;
2. (2) Background information on earthquakes for individuals, civic groups, schools, governmental agencies, the news media and others;
3. (3) Research related to the causes and consequences of local earthquakes, to develop the information as the precise locations of earthquakes, magnitude-frequency relationships, magnitude-duration relationships, source spectra studies, attenuation studies, bedrock structures studies and behavior of foundation materials studies;
4. (4) Studies of the desirability of earthquake resistant construction;
5. (5) Advice to governmental bodies, insurance groups and others on the methods and feasibility of reducing earthquake damage; and
6. (6) Earthquake prediction.
(b) The university is authorized to accept for the establishment, maintenance or operation of the center gifts, grants, funds and other assistance from any agency of state, federal or local governments, or private entities and individuals, and to use or spend the same on behalf of the center.

2 Backlinks

§ 49-8-603. Small Business Development Center.

There is created a Small Business Development Center, which shall operate as a unit of the University of Memphis to conduct research and provide educational programs, technical assistance and general consultation to small businesses in Tennessee by utilizing cooperating institutions throughout the state.

Part 8 Tennessee State University

§ 49-8-801. General functions.

Tennessee State University shall be operated and maintained as a state university under the management and governance of a state university board, with all programs available to all qualified citizens, and shall continue to function as the 1890 land grant institution of the state pursuant to federal laws and recognized as a federally designated historically black college and university.

§ 49-8-802. Center on Aging — Victimization prevention program.

(a) There is established, within Tennessee State University's Center for Aging, an extension of the center's program on the prevention and treatment of elderly abuse, neglect and criminal victimization. The program shall, upon request, receive technical assistance and support from the commission on aging and disability and the departments of human services, health, mental health and substance abuse services, and intellectual and developmental disabilities. The program shall:
1. (1) Collect data to quantify and document the problems of elderly abuse, neglect and criminal victimization;
2. (2) Engage in prevention activities through presentations at churches, community centers, schools, senior citizen centers and other locations;
3. (3) Conduct workshops for local and state employees and law enforcement personnel as well as for the elderly and their family members; and
4. (4) Implement an advocacy program to assist victims in adequately and appropriately responding to and recovering from abuse, neglect and criminal victimization.
(b) The program shall be implemented in Davidson and Wilson counties.
(c) On or before December 31 of each year, a report shall be submitted to the governor and to each member of the general assembly. The report shall document implementation, activities and accomplishments of the program and shall include findings and recommendations pertaining to the prevention and treatment of elderly abuse, neglect and criminal victimization.

§ 49-8-803. Report on improvements to facilities and infrastructure.

On or before July 1, 2023, and on or before July 1 of each subsequent year, Tennessee State University (TSU) shall submit a report to the governor and the members of the general assembly detailing the progress of improvements to TSU's facilities and infrastructure and how the improvements address the needs identified in the Tennessee higher education commission's evaluation of facilities and infrastructure needs for TSU on September 1, 2021, which is based upon a third-party consultant's facility condition assessment of September 2020.

Part 9 Pellissippi State Community College

§ 49-8-901. Creation.

The State Technical Institute in Knoxville established pursuant to § 49-8-101 and the Oak Ridge Branch of the Roane State Community College located on the Pellissippi Parkway in Knox County shall become one (1) institution, which shall be known as the Pellissippi State Community College.

§ 49-8-902. Board of regents.

(a) The institution shall be under the management and control of the board of regents.
(b) It is the legislative intent that the board of regents will maintain a permanent presence in Oak Ridge.

§ 49-8-903. Programs authorized.

The institution is authorized to provide comprehensive one- and two-year occupational, college parallel, continuing education and community service programs.

§ 49-8-904. Purpose of institution.

The institution shall continue to provide high quality technical and scientific occupational programs and serve as a regional technical school to train engineering technicians for industry and prepare students to earn a living as a technician or technical worker in the fields of production, distribution or service.

§ 49-8-905. Allocation of funding, equipment and property.

The board of regents is authorized to allocate appropriate funding, equipment and property from the Oak Ridge Branch of Roane State Community College to the new institution.

§ 49-8-906. Rank and tenure of employees.

Employees of affected institutions who have achieved rank and tenure under policies of the board of regents and who continue as employees of the board of regents without a break in service shall retain that rank and tenure as employees of the board of regents.

Part 10 Northeast State Community College

§ 49-8-1001. Mission of college expanded — Change of name.

The mission of the Northeast State Community College includes comprehensive one- and two-year occupational, college parallel, continuing education and community service programs, and the institution shall be renamed the Northeast State Community College.

§ 49-8-1002. Quality education — Regional technical school — Preparation of students.

The institution shall continue to provide high quality technical and scientific occupational programs and serve as a regional technical school to train engineering technicians for industry and prepare students to earn a living as a technician or technical worker in the fields of production, distribution or service.

§ 49-8-1003. Effect of part — Powers, duties and obligations.

Any legal, equitable or contractual rights, duties, obligations, evidences of debt, powers or authorities of the Tri-Cities State Technical Institute shall not be modified, altered, amended or abrogated by this part.

Part 11 Joe L. Evins Appalachian Center for Crafts

§ 49-8-1101. Joe L. Evins Appalachian Center for Crafts.

There is established the Joe L. Evins Appalachian Center for Crafts, which shall operate as a division of the Tennessee Technological University to:
1. (1) Continue ownership and operation of the Joe L. Evins Appalachian Center for Crafts at Center Hill Lake, transferred to the university on July 1, 1985;
2. (2) Develop, stimulate and preserve the tradition of crafts in Tennessee by offering not only professional crafts, but also experience in the areas of marketing, promotion, exhibition/display work, all of those skills necessary to help a craftsperson become an independent business person as well as a proficient and creative artist;
3. (3) Provide technical and artistic training to persons who want to work in any of the five (5) major media areas, clay, fibers, glass, metals and wood;
4. (4) Preserve through documentation and exhibition, the craft tradition of this state; and
5. (5) Continue to offer a bachelor of fine arts, a bachelor of science in crafts, a certificate program in crafts and an apprentice program in crafts.

§ 49-8-1102. Operation.

The Joe L. Evins Appalachian Center for Crafts shall be operated as a free-standing unit of Tennessee Technological University with a separate budget but with the ability to draw on university managerial, financial, technical and instructional resources.

Part 12 Southwest Tennessee Community College

§ 49-8-1201. Creation.

There is created a new institution, which shall be known as the Southwest Tennessee Community College.

§ 49-8-1202. Management and control.

The Southwest Tennessee Community College shall be under the management and control of the board of regents.

§ 49-8-1203. Types of programs.

The Southwest Tennessee Community College is authorized to provide comprehensive one- and two-year occupational, college parallel, continuing education and community service programs.

§ 49-8-1204. Technical and scientific occupational programs and preparation.

The Southwest Tennessee Community College shall provide high quality technical and scientific occupational programs, serve as a regional technical school to train engineering technicians for industry and prepare students to earn a living as technicians or technical workers in the fields of production, distribution or service.

§ 49-8-1205. Retention of rank and tenure of continued employees.

Employees of affected institutions who have achieved rank and tenure under policies of the board of regents and who continue as employees of the board of regents without a break in service shall retain that rank and tenure as employees of the new institution.

§ 49-8-1206. Abolition of former institute and community college — Transfer of programs and assets.

The State Technical Institute at Memphis and Shelby State Community College, both established pursuant to § 49-8-101, are abolished. Their campuses, property, programs and assets shall be transferred to the Southwest Tennessee Community College.

§ 49-8-1207. Continuation of legal and contractual rights and obligations.

Any legal or contractual rights, duties, obligations, or evidences of debt (powers and authorities) of Shelby State Community College and the State Technical Institute of Memphis shall not be modified, altered, amended or abrogated by this part and shall become the rights, duties, or obligations of the new institution.

Part 13 Nashville State Community College

§ 49-8-1301. Creation.

The Nashville State Technical Community College is renamed the Nashville State Community College.

§ 49-8-1302. Board of regents.

Nashville State Community College shall be under the management and control of the Tennessee board of regents.

§ 49-8-1303. Programs authorized.

Nashville State Community College is authorized to provide comprehensive one- and two-year occupational, college parallel, continuing education and community service programs.

§ 49-8-1304. Purpose of institution.

Nashville State Community College shall continue to provide high quality technical and scientific occupational programs and serve as a regional technical school to train engineering technicians for industry, and prepare students to earn a living as a technician or technical worker in the fields of production, distribution or service.

§ 49-8-1305. Continuation of legal and contractual rights and obligations.

Any legal or contractual rights, duties, obligations or evidences of debt of the Nashville State Technical Community College shall not be modified, altered, amended or abridged by this part and shall become the rights, duties or obligations of the Nashville State Community College.

Part 14 Memphis Research Consortium

§ 49-8-1401. Collaboration in the Memphis Research Consortium — Strategies and plans — Report on progress.

(a) Recognizing the potential leverage and synergy that can be achieved by collaboration among the public and private entities, it is hereby declared that the University of Memphis, the University of Tennessee Center for the Health Sciences and St. Jude Children's Research Hospital are lead collaborators in the Memphis Research Consortium.
(b) The Memphis Research Consortium, a collaborative venture with other leading research and business entities in Memphis created to promote long-term economic development and job creation, shall explore and develop strategies and plans for establishing and enhancing opportunities for research and development in industries, including public health, medical devices, medical and healthcare, bio-based products and chemical manufacturing, logistics and supply chain, computational and computer sciences and learning technologies and related fields. Such strategies and plans, and the development thereof, may include, but not be limited to, participation by other institutions of higher education, hospitals and other health services providers, organizations engaged in the promotion of public health, medical devices, medical and healthcare, bio-based products and chemical manufacturing, logistics and supply chain, computational and computer sciences, learning technologies, bioscience, and bioengineering and related business and research, as well as industrial and commercial enterprises engaged in business activities related to these areas.
(c) It is further declared to be the legislative intent that the University of Memphis, the University of Tennessee Center for the Health Sciences and other collaborators shall report progress toward developing such strategies and plans to the standing committees on education no later than February 1, 2011.

Chapter 9 University of Tennessee

Part 1 General Provisions

§ 49-9-101. Treasurer and secretary.

(a) The offices of treasurer and secretary of the university may be held by persons who are not members of the board of trustees.
(b) It is lawful, however, for the offices of treasurer and secretary to be held by members of the board of trustees, who in such event shall be suitably compensated for their services at the discretion of the board.
(c) The offices of treasurer and secretary may be held by one (1) person if so ordered by the board of trustees.

§ 49-9-102. Acceptance of federal donations.

(a)
1. (1) The act of the congress of the United States, approved July 2, 1862 (ch. 130, 12 Stat. 503), and subsequent acts, entitled “An act donating public lands to the several states and territories which may provide colleges for the benefit of agriculture and the mechanic arts,” and especially all the conditions set forth in the fifth section of the act, and numbered first, second, third, fourth, fifth, and sixth, are accepted by the state of Tennessee upon the conditions prescribed.
2. (2) It is the duty of the trustees of the university to conduct an agricultural college, so as to strictly conform to the congressional enactment making the appropriation. The appropriated fund shall be used only according to the terms of the congressional enactment making the appropriation to the state.
(b)
1. (1) The state assents to the purpose of the act of the United States congress, approved August 30, 1890 (ch. 841, 26 Stat. 417), entitled “An act to apply a portion of the proceeds of the public lands to the more complete endowment and support of the college for the benefit of agriculture and the mechanics arts,” established under an act of congress approved July 2, 1862, and empowers the treasurer of the University of Tennessee to accept the whole of the grants of money authorized by the act to be paid in this state, and to give official receipt for the grants.
2. (2) The grants of money to the state shall, as a part of the endowment and support of the college for the benefit of agriculture and the mechanic arts, established by contract of this state with the trustees of the University of Tennessee, be committed to the trustees of the university, in accordance with the requirements of the act of congress making the grants, to be applied by them as the act of congress directs. All results and expenditures shall be reported in accordance with the act making the grants, all of which are assented to and accepted for this state.
(c)
1. (1) The state assents to the conditions of an act of the United States congress, approved March 2, 1887 (ch. 314, 24 Stat. 440), entitled “An act to establish agricultural experiment stations in connection with the colleges established in the several states under the provisions of an act approved July 2, 1862, and of acts supplementary thereto,” and authorizes the treasurer of the university to accept any grants of money authorized by that act in this state, and to give official receipt for the grants.
2. (2) The grants of money to the state shall, as a part of the agricultural fund, be committed to the trustees of the university, in charge of the state experiment station, there to be applied as the act of congress directs, and all results and expenditures shall be reported in accordance with the act making the grants, which are hereby accepted.
(d)
1. (1) The state assents to the conditions of the act of the United States congress, approved March 16, 1906 (ch. 951, 34 Stat. 63), entitled “An act to provide for an increased annual appropriation for agricultural experiment stations and regulating the expenditures thereof,” and authorizes the treasurer of the university to accept any grants of money authorized by that act in this state and to give official receipt for the grants.
2. (2) The grants of money to the state shall be expended by the board of trustees of the University of Tennessee in carrying on scientific investigations in agriculture as the act of congress directs, and all results and expenditures shall be reported in accordance with the provisions of the act making the grants, which provisions are hereby accepted.

§ 49-9-103. Loan powers.

(a)
1. (1) The board of trustees of the University of Tennessee has the right to invest the fund derived from the Land Grant Act of congress, or any part of the act, in mortgage loans and such other safe securities that may be approved by the board or its executive committee as shall yield not less than five percent (5%) per annum upon the amounts so invested.
2. (2) The state engages that the fund so invested shall yield not less than five percent (5%) per annum upon the amounts so invested, and that the principal shall forever remain unimpaired.
(b)
1. (1) With prior approval of the state school bond authority, the University of Tennessee shall have full authority at any stated or called meeting of its board of trustees to borrow money in sums sufficient to provide funds necessary to accomplish or execute the following powers and purposes:
  1. (A) The cooperation with the general services administration and with other agencies of the United States;
  2. (B) The erection from time to time of dormitories or other buildings as may be required for the good of this institution; and
  3. (C) The acquisition of real estate.
2. (2) With prior approval of the state school bond authority, for any such purposes, the University of Tennessee is authorized to incur debt and as evidence of any such loan, to issue bonds, notes or certificates of indebtedness.
3. (3) In order to secure necessary loans, the University of Tennessee shall have full authority to pledge the rents, profits, income, or fees from the use of the buildings or improvements acquired with funds secured under subdivision (b)(1).
4. (4) With prior approval of the state school bond authority, the University of Tennessee may negotiate and dispose of the bonds, notes or certificates of indebtedness authorized by subdivision (b)(2) to be issued as it sees fit, from time to time, in whole or in part.
5. (5) The proceeds of any such loan or of the sale of the bonds, notes or certificates of indebtedness shall be applied to the purpose for which the debt is incurred by the University of Tennessee.
6. (6) No bonds, notes, certificates or other evidences of indebtedness issued under this subsection (b) shall constitute an indebtedness of the state, nor shall the faith and credit of the state be pledged for the payment of any such bonds, notes, certificates or other evidences of indebtedness; and any obligations issued under this subsection (b) shall contain a statement to that effect; and they shall be exempt from taxation.
7. (7) Nothing contained in this subsection (b) shall be construed as a limitation upon or as restricting in any wise powers otherwise possessed by the University of Tennessee and its board of trustees.

§ 49-9-104. Merger with other institutions.

The board of trustees of the University of Tennessee, and each institution under its jurisdiction, shall not enter into any agreement or other arrangement for a merger or consolidation with a private institution of higher education without the authorization of the general assembly, acting through legislation, resolution or appropriations.

§ 49-9-105. Residency — Rules and regulations.

(a) The board of trustees of the University of Tennessee is authorized to establish from time to time reasonable and appropriate rules and regulations defining residency of students, which, when approved by the governor, shall be used for the purpose of determining whether or not out-of-state tuition shall be charged to a student enrolling in the University of Tennessee.
(b)
1. (1) The board of trustees of the University of Tennessee may classify a student as a Tennessee resident and charge the student in-state tuition, if the student is a citizen of the United States, has resided in Tennessee for at least one (1) year immediately prior to admission and has:
  1. (A) Graduated from a Tennessee public secondary school;
  2. (B) Graduated from a private secondary school that is located in this state; or
  3. (C) Earned a Tennessee high school equivalency credential approved by the state board of education.
2. (2) Subdivision (b)(1) shall not be construed to limit the authority of the board of trustees under subsection (a) to establish other reasonable and appropriate rules and regulations defining additional categories of residents.

1 Backlink

49-7-168(b)

§ 49-9-106. Tax-sheltered annuities for employees.

The board of trustees of the University of Tennessee may make tax-sheltered annuities available to such of their respective employees as are eligible for the annuities under any pertinent federal statute or regulation.

§ 49-9-107. Trusts.

(a) The University of Tennessee has express authority and power to act as trustee of charitable trusts, including annuity trusts, unitrusts and pooled income funds as defined in the Federal Tax Reform Act of 1969, heretofore or hereafter created pursuant to an agreement between the university and a donor or donors, by deed of gift to the university, or by a will, under or by which the university is a beneficiary or trustee of a charitable trust.
(b)
1. (1) Any endowment fund of the University of Tennessee containing assets with a fair market value in excess of one million dollars ($1,000,000) and representing contributions from nongovernmental sources to or for the use of the University of Tennessee may, at the written request of the donor or donors of the fund, be treated in all respects as trust funds.
2. (2) Separate accounting may be set up to assure that the assets of the funds are at all times used in accordance with the deeds of gift accepted by the University of Tennessee or the contracts entered into by the University of Tennessee with respect to the funds.
3. (3) All transactions between donors and the University of Tennessee shall be on an arm's length basis; and no assets shall be diverted directly or indirectly from the trust funds, either by application or transfer to other University of Tennessee uses or purposes or to other University of Tennessee funds, that are not in accordance with the written gift instrument, will or other document except at fair cash market value based on qualified appraisals of disinterested parties.
4. (4) Where funds in a trust so established are specifically earmarked for the benefit of activities or branches of the University of Tennessee in a designated county of this state, the cash and assets of the fund will be recorded in separate accounts and accounted for in such a manner that the intent and purpose or purposes of such a trust will be accomplished.
5. (5) Anyone refusing or neglecting to comply with this subsection (b) commits a Class C misdemeanor.

§ 49-9-108. [Repealed]

§ 49-9-109. Monthly payment for dormitory and cafeteria services.

(a)
1. (1) The board of trustees shall establish a program whereby each institution of higher education providing dormitory facilities and cafeteria services shall offer a room plan whereby students may pay for use of the facilities and services on a monthly basis.
2. (2) Any increase in funds necessary to fund the administration of the program shall be charged as a special service charge to students participating in the program.
(b) The board shall promulgate rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, that:
1. (1) Require the room deposit of any student participating in the program to be retained until the end of the quarter, semester or session, as is appropriate; and
2. (2) Deny readmittance to any student who participated in the program who left the institution without paying all charges pursuant to the program until all delinquent charges and interest on the charges are paid in full.

§ 49-9-110. [Repealed]

§ 49-9-111. Contracting for vending operations.

(a) If the department of human services does not, at any time, exercise its preference under § 71-4-503, the board of trustees of the University of Tennessee may award a contract to any qualified third-party provider to provide vending operations located in a residence hall or similar housing facility that relies upon profits from the vending operations for the facility's support and maintenance.
(b) If, at any time, a vending facility is established under § 71-4-503, in a self-supporting residence hall or similar housing facility, and when profits generated by the machines would otherwise be dedicated in substantial part to the financial support and maintenance of the residence hall, it is the responsibility and obligation of the particular college or university to contribute to the support and maintenance of the residence hall, using revenue derived from vending machines on other parts of the campus, not already under the management of a licensed blind vendor, to offset in total the lost revenue.

§ 49-9-112. Leasing of employees to nonprofit hospital corporation.

(a) The University of Tennessee is expressly authorized to lease employees to any nonprofit corporation created under Tennessee law for the purpose of operating a hospital with which the university is affiliated through its medical education programs. Employees leased under the authority of this section shall remain eligible for all university benefits for which they are otherwise eligible and shall be subject to termination, layoff, suspension or demotion only in accordance with university personnel policies and procedures.
(b) An agreement for the lease of employees under the authority of subsection (a) shall be subject to the prior approval of the attorney general and reporter as to form and legality.

§ 49-9-113. Foundations for the benefit of the University of Tennessee.

(a) The University of Tennessee board of trustees is expressly authorized and empowered to designate one (1) or more foundations established to support the university, pursuant to § 49-7-107, or any existing foundation created to support a campus of the university, to receive and hold private gifts for support of the university unless the donor has specifically directed in writing that a gift be received and held by the university.
(b) The University of Tennessee is expressly authorized and empowered to enter into a fee-for-services agreement with one (1) or more foundations established to support the university, pursuant to § 49-7-107, or any existing foundation created to support a campus of the university, under which the foundation will provide development and alumni services for the university. An agreement for services under this subsection (b) shall be subject to the prior approval of the University of Tennessee board of trustees and to all prior approvals required by state laws, rules, or regulations.
(c) The University of Tennessee is expressly authorized and empowered to enter into an agreement to lease university employees to one (1) or more foundations established to support the university, pursuant to § 49-7-107, or any existing foundation created to support a campus of the university, to carry out the mission of the foundation, including, but not limited to, providing development and alumni services for the university. Employees leased under the authority of this subsection (c) shall remain eligible for participation in all university benefit programs for which they are otherwise eligible. An agreement for the lease of employees under the authority of this subsection (c) shall be subject to the prior approval of the University of Tennessee board of trustees and to the prior approval of the attorney general and reporter as to form and legality.
(d) The University of Tennessee is expressly authorized and empowered to enter into a fee-for-services agreement to provide services, including, but not limited to, human resources services, information technology services, and accounting and financial services, to one (1) or more foundations established to support the university, pursuant to § 49-7-107, or any existing foundation created to support a campus of the university.
(e)
1. (1) All full board meetings of any foundation established to support the University of Tennessee, pursuant to § 49-7-107, or any existing foundation created to support a campus of the University of Tennessee, shall be open to the public except for executive sessions that include, but are not limited to, any of the following matters: litigation; audits or investigations; human resource issues; gift acceptance deliberations; board training; governance; donor strategy sessions; and security measures.
2. (2) All expenditures by any foundation established to support the University of Tennessee, pursuant to § 49-7-107, or any existing foundation created to support a campus of the University of Tennessee, shall be open for public inspection upon specific request.
(f) Nothing in this section shall be deemed or construed to waive or abrogate in any way the sovereign immunity of the state, the university or any officer or employee of the state or the university or to deprive any officer or employee of the state or university of any other immunity to which the officer or employee is otherwise entitled under state law.

§ 49-9-114. Support staff — Grievance procedure.

(a)
1. (1) The board of regents, each state university board, and the University of Tennessee shall establish a grievance procedure for all support staff employees.
2. (2) “Support staff” means employees who are neither faculty nor executive, administrative, or professional staff of any institution or board subject to this chapter and the University of Tennessee.
3. (3) Support staff shall be given every opportunity to resolve bona fide grievances through the grievance procedure. Every reasonable effort shall be made to resolve grievances at the lowest possible step in the procedure.
4. (4) Employees using or involved in the grievance procedure shall be entitled to pursue their grievances without fear, restraint, interference, discrimination or reprisal.
(b)
1. (1) A grievance must be filed at the appropriate step in the grievance procedure within fifteen (15) working days after the employee receives notice or becomes aware of the action that is the basis for the grievance.
2. (2) “Grievance” means a complaint about one (1) or more of the following matters:
  1. (A) Demotion, suspension without pay or termination for cause; or
  2. (B) Work assignments or conditions of work that violate statute or policy.
3. (3) Any complaint about demotion, suspension without pay or termination for cause shall receive a hearing covered under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3. In issues involving unlawful discrimination and harassment, the employee may choose a hearing under that act or the panel hearing.
4. (4) Standard grievance forms shall be developed and made available to support staff at each worksite. No grievance may be denied because a standard form has not been used.
5. (5) The grievance procedure shall include no more than four (4) steps to finality.
6. (6) The grievance procedure shall include the opportunity for a face-to-face meeting within fifteen (15) days after the grievance is filed, and within fifteen (15) days after each subsequent step in the procedure is initiated.
7. (7) The grievant shall receive a written decision with specific reasons stated for the decision within fifteen (15) working days after a face-to-face meeting occurs.
8. (8) The grievant and any material witnesses shall be allowed to testify fully at every step in the grievance procedure.
9. (9) The grievance procedure shall include an unbiased commission or panel as the final step for processing grievances regarding work assignments or conditions of work not otherwise covered in subdivision (b)(3). The decision of the panel is subject to review by the president.
10. (10) At every step in the grievance procedure other than a Uniform Administrative Procedures Act hearing, the grievant shall be entitled to be accompanied and represented by an employee representative from the institution. Other employee representatives may be allowed at the panel hearing at the discretion of the panel chair.
(c) The board of regents, each state university board, and the board of trustees of the University of Tennessee shall provide an annual report to the education committee of the senate and the education administration committee of the house of representatives summarizing grievance activities of the previous year.
(d) Each institution shall include information regarding the grievance procedure in employee orientations.
(e) Each institution governed by the board of regents, a state university board, or the board of trustees for the University of Tennessee shall make the grievance procedure for the institution's support staff employees available on its website.

§ 49-9-115. American sign language — Satisfaction of foreign language admission requirements.

By July 1, 2019, each institution operated by the University of Tennessee shall adopt a policy to allow American sign language courses to satisfy any foreign language requirements for admission to an undergraduate degree program.

Part 2 Board of Trustees

§ 49-9-201. Board of trustees.

The governing body of the University of Tennessee shall be the board of trustees, established in § 49-9-202.

§ 49-9-202. Composition — Appointive members — Expenses.

(a)
1. (1) As of July 1, 2018, the existing membership of the board of trustees of the University of Tennessee is vacated and reconstituted to consist of one (1) ex officio voting member, who shall be the commissioner of agriculture; ten (10) voting members appointed by the governor; and one (1) nonvoting student member appointed pursuant to subdivision (a)(3).
2. (2)
  1. (A) The governor shall appoint at least two (2) residents of each grand division. For purposes of this subdivision (a)(2)(A), “resident” means a person whose legal domicile is in the grand division from which appointed.
    1 Backlink
    
    49-9-204(b)
  2. (B) At least five (5) of the members appointed by the governor must be alumni of the University of Tennessee. For purposes of this subdivision (a)(2)(B), “alumni” means a person who earned a degree at an institution of the University of Tennessee. In making appointments, the governor shall strive to ensure that the board includes alumni from different University of Tennessee institutions.
  3. (C) At least seven (7) of the members appointed by the governor must be residents of this state. For purposes of this subdivision (a)(2)(C), “resident” means a person whose legal domicile is the state of Tennessee.
    1 Backlink
    
    49-9-204(b)
  4. (D) In making appointments, the governor shall strive to ensure that the board of trustees is composed of members who are diverse in sex, race, perspective, experience, and honorable military service.
3. (3)
  1. (A) One (1) member shall be a student at a University of Tennessee institution who shall be selected and appointed in a manner determined by the board of trustees. The student member shall be selected as soon as practicable for the initial appointment and, for all subsequent appointments, no later than May 31 of each year.
  2. (B) The student member position must rotate annually among the institutions of the University of Tennessee, according to the following sequence: University of Tennessee Health Science Center; University of Tennessee, Knoxville; University of Tennessee at Martin; University of Tennessee at Chattanooga; and University of Tennessee Southern.
  3. (C) Each student member shall serve a term of one (1) year, beginning July 1 of the year of appointment and ending the following June 30. Each student member must be enrolled full time at the University of Tennessee institution from which the student is appointed throughout the student member's term of appointment; provided, that a student member shall not be required to be enrolled during any summer semester, and a student member who graduates during the spring semester of the student member's term may serve out the remainder of the student member's term.
2 Backlinks
- 49-9-203(a)
- 49-9-203(b)
(b) The following individuals are prohibited from serving as an appointed member of the board of trustees, or a committee of the board, for so long as they hold the office or position:
1. (1) Employees of any public institution of higher education; except the student member appointed pursuant to this section and the faculty member appointed to a committee pursuant to § 49-9-206;
2. (2) Elected officials;
3. (3) State employees; and
4. (4) Members of a governing body for any other public institution of higher education.
(c)
1. (1)
  1. (A) Except as otherwise provided in this subsection (c), the ten (10) members of the board of trustees appointed by the governor pursuant to subsection (a) must be confirmed by joint resolution of the senate and the house of representatives prior to beginning a term of office.
  2. (B) If either house fails to confirm the appointment of a board member by the governor within ninety (90) calendar days after the general assembly next convenes in regular session following such appointment, the appointment terminates on the day following the ninetieth calendar day.
2. (2) If the general assembly is not in session when initial gubernatorial appointments are made, all such initial appointees shall serve the terms prescribed pursuant to § 49-9-203, unless the appointments are not confirmed during the next regular session of the general assembly following the appointments in accordance with subdivision (c)(1).
3. (3) If the general assembly is not in session at the time a member is appointed by the governor to fill a vacancy resulting from the expiration of a term, the member whose term has expired serves until a new appointee is confirmed in accordance with subdivision (c)(1).
4. (4) If the general assembly is not in session at the time a member is appointed by the governor to fill a vacancy not resulting from the expiration of a term, the new appointee serves for the term appointed unless the appointment is not confirmed during the next regular session of the general assembly following the appointment in accordance with subdivision (c)(1).
5. (5) All gubernatorial appointed members shall be subject to removal from the board of trustees by a two-thirds (⅔) majority vote of each house of the general assembly for misconduct, incapacity, or neglect of duty. Such removal shall be by passage of a joint resolution by the senate and the house of representatives.
2 Backlinks
- 49-9-204(a)
- 49-9-204(b)
(d) Members of the board of trustees shall be reimbursed for travel expenses in accordance with the comprehensive travel regulations promulgated by the department of finance and administration and approved by the attorney general and reporter.
(e) The reconstituted board of trustees shall assume responsibility beginning July 1, 2018. The reconstitution of the board of trustees has no effect on any action taken by the board of trustees prior to July 1, 2018, unless inconsistent with chapter 657 of the Public Acts of 2018.
(f) The governor is authorized to call the initial meeting of the reconstituted board of trustees to occur on or after July 1, 2018.

3 Backlinks

§ 49-9-203. Term of appointive trustees.

(a) The initial terms of the members of the board of trustees of the University of Tennessee appointed by the governor pursuant to § 49-9-202(a) shall be two (2), four (4), and six (6) years. Three (3) members shall serve a two-year term; four (4) members shall serve a four-year term; and three (3) members shall serve a six-year term. For all subsequent appointments, members of the board of trustees appointed pursuant to § 49-9-202(a) shall be appointed to serve terms of six (6) years beginning July 1 of the year of appointment and ending on June 30.
(b) Members appointed by the governor pursuant to § 49-9-202(a) are eligible to succeed themselves; provided, that no person may serve more than two (2) consecutive terms, whether appointed as an initial member, as a successor member, or to fill a vacancy. A member who serves two (2) consecutive terms may be reappointed after four (4) years have elapsed since the individual's last date of service on the board of trustees.

1 Backlink

49-9-202(c)(2)

§ 49-9-204. Filling of vacancies.

(a) If a vacancy on the board of trustees of the University of Tennessee occurs by death or resignation, the governor shall appoint a successor for the remainder of the term, subject to § 49-9-202(c). If a vacancy occurs by reason of expiration of a term, the member whose term has expired shall serve until a successor is appointed and confirmed.
(b) The cessation of any member's legal domicile in the grand division that the member represents pursuant to § 49-9-202(a)(2)(A), or the cessation of any member's legal domicile in the state that results in a failure to satisfy § 49-9-202(a)(2)(C), vacates the member's position. The governor shall appoint a person satisfying the requirement as a successor for the remainder of the term, subject to § 49-9-202(c).
(c) The failure of a member to attend more than fifty percent (50%) of the regular meetings in a calendar year shall be cause for the member's removal and shall authorize the board to call on the governor to appoint a successor; provided, that this requirement does not apply to any ex officio member.

§ 49-9-205. Meetings.

(a) The board of trustees of the university shall hold at least one (1) stated meeting annually on a day or days determined by the board from year to year and at called meetings that may be necessary, to be called by the secretary, giving at least five (5) days' notice to the board members, but the board may adjourn the stated or called meetings to any date that it may set for adjournment.
(b) Six (6) members shall constitute a quorum, and they are empowered to transact any business.
(c) The board has the authority to transact at any called meeting any business it is authorized to transact at stated meetings.
(d) 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.

§ 49-9-206. Committees.

(a)
1. (1) The board of trustees of the University of Tennessee shall appoint an executive committee of five (5) of its members as a standing committee of the board.
2. (2) In appointing members to the executive committee, the board of trustees shall strive to ensure that the committee includes alumni from different University of Tennessee institutions.
3. (3) The executive committee:
  1. (A) May meet as often as necessary to conduct its business;
  2. (B) Must have a majority of voting members present at meetings to constitute a quorum for the transaction of committee business;
  3. (C) Has the authority to:
    1. (i) Oversee and monitor the work of other standing committees, the university's planning process, the president's performance and welfare, and the university's commitment to and compliance with the state's plans and objectives for higher education;
    2. (ii) Recommend to the board of trustees the initial and subsequent compensation of the president and the initial compensation of the chancellors and other university officers defined in the bylaws approved by the board;
    3. (iii) Act for the board of trustees on any matter when necessary between meetings of the board; and
    4. (iv) Perform other responsibilities as the board of trustees deems necessary or advisable, subject to the approval of the board; and
  4. (D) Has only the specific authority granted pursuant to subdivision (a)(3)(C) and shall not operate or conduct any business outside the scope of such authority.
(b)
1. (1) The board of trustees shall appoint the following standing committees, with at least three (3) of its members serving on each committee:
  1. (A) An audit committee in compliance with the State of Tennessee Audit Committee Act of 2005, compiled in title 4, chapter 35;
  2. (B) A finance and administration committee with responsibility for oversight of finance and administration related matters; and
  3. (C) An academic affairs and student success committee with responsibility for oversight of matters related to academic affairs and student success.
2. (2) The standing committees created under subdivision (b)(1) must have a majority of voting members present at meetings to constitute a quorum for the transaction of committee business.
(c)
1. (1) The board of trustees may establish:
  1. (A) Other standing committees as it deems necessary or advisable from time to time; and
  2. (B) Its own subcommittees and ad hoc committees as it deems necessary or advisable from time to time.
2. (2) Any standing committee established under subdivision (c)(1)(A):
  1. (A) Must be comprised of at least three (3) members of the board of trustees;
  2. (B) May meet as often as necessary to conduct their business;
  3. (C) Must have a majority of voting members present at meetings to constitute a quorum for the transaction of committee or subcommittee business; and
  4. (D) Has only the specific authority granted to it by the board of trustees and shall not operate or conduct any business outside the scope of such authority.
3. (3) In appointing members to a standing committee created under subdivision (c)(1)(A), the board of trustees shall strive to ensure that the committee includes alumni from different University of Tennessee institutions.
4. (4) Any standing committee of the board of trustees established under subdivision (c)(1)(A) may establish and appoint the members and chairs of any subcommittee or ad hoc committee it deems necessary or advisable from time to time.
(d)
1. (1) The standing committee with responsibility for oversight of academic affairs and student success shall include one (1) voting full-time faculty member of a University of Tennessee institution. The faculty member shall be selected and appointed in a manner determined by the board of trustees as soon as practicable for the initial appointment and, for all subsequent appointments, no later than May 31 of each year.
2. (2) The faculty member position shall rotate among the institutions of the University of Tennessee in a manner determined by the board of trustees. Each faculty member shall serve a one-year term, beginning on July 1 of the year of appointment and ending the following June 30.
3. (3) Each faculty member must maintain employment with the University of Tennessee institution and full-time faculty status throughout the faculty member's term.
4. (4) The student member of the board of trustees shall be appointed to, and be a voting member of, the standing committee with responsibility for oversight of academic affairs and student success.
(e) Nothing in this part authorizes the restructure or reorganization of the University of Tennessee system in a manner that removes a campus or institute from the system, unless such restructure or reorganization is authorized specifically by statute.

1 Backlink

49-9-202(b)(1)

§ 49-9-207. Conflicts of interest.

It is unlawful for any member of the board of trustees to be financially interested in any contract or transaction affecting the interest of the university, or to procure or be a party in any way to procuring, the appointment of any relative to any position of trust or profit connected with the university. A violation of this section subjects the member so offending to removal by the governor or board of trustees.

1 Backlink

49-9-210(e)

§ 49-9-208. Reports.

The board of trustees shall make and submit a report to the governor ten (10) days before the general assembly convenes, giving the number of students, together with a detailed statement of the workings of the institution, and of receipts and expenditures, which shall be transmitted by the governor, along with the governor's regular message.

§ 49-9-209. Powers of the trustees.

(a) By the name of the “Trustees of the University of Tennessee,” the trustees shall have perpetual succession and a common seal.
(b)
1. (1) The trustees and their successors designated in subsection (a) shall be endowed with and receive in such manner as the general assembly may from time to time direct, that part of the donation specified in Acts 1807, chapter 64 that designed for the college in East Tennessee. They shall be capable in law to purchase, receive and hold to them and their successors forever, or for any less estate, any lands, tenements, goods or chattels that is given, granted or devised to them, or purchased by them for the use of the university, and to use and dispose of the lands, tenements, goods or chattels, in such manner as to them shall seem most advantageous for the use of the university.
2. (2) None of the real property belonging to the university shall be sold or otherwise disposed of except at a meeting of the board of trustees.
(c) The trustees and their successors may sue and be sued, plead and be impleaded, in any court of law or equity in this state or elsewhere.
(d)
1. (1) The board of trustees shall:
  1. (A) Appoint a chief executive officer of the University of Tennessee system, who shall be the president of the University of Tennessee system. The president shall serve at the pleasure of the board, subject to the terms of any written employment contract approved by the board;
  2. (B) Define the president's duties, including the president's administrative duties with respect to the system and the individual institutions of the system and, within budgetary limitations, fix the president's compensation and other terms of employment;
  3. (C) Approve, upon the recommendation of the president, the appointments of persons to fill vacant or new positions as chancellors of the campuses and the Institute of Agriculture and, within budgetary limitations, approve their initial compensation and other terms of employment. The chancellors shall:
    1. (i) Report directly to the president. The president shall have authority to annually evaluate the chancellors and to annually set their compensation and other terms of employment; and
    2. (ii) Serve at the pleasure of the president. The president shall have authority to remove the chancellors at any time without the approval of the board of trustees;
  4. (D) Approve, upon the recommendation of the president, the appointments of persons to fill other vacant or new positions as officers of the University of Tennessee system designated in the bylaws duly adopted by the board of trustees and approve their initial compensation and other terms of employment. Such other officers of the University of Tennessee system shall:
    1. (i) Report directly to the president unless otherwise provided in the bylaws duly adopted by the board of trustees. The president shall have authority to annually evaluate such other officers and to annually set their compensation and other terms of employment; and
    2. (ii) Serve at the pleasure of the president. The president shall have authority to remove such other officers at any time without the approval of the board of trustees; provided, that the board alone shall have authority to remove the chief financial officer and the chief legal officer;
  5. (E) Have the power to remove the president at any time;
  6. (F) Have full authority and control over all university funds, whether appropriated from state revenues or institutional revenues, except authority to reallocate funds appropriated for a specific purpose or funds appropriated pursuant to the outcomes-based funding formula, and shall annually adopt an operating budget, set tuition and fees, and take all actions necessary and appropriate to ensure the financial stability and solvency of the University of Tennessee system;
  7. (G) Confirm the salaries of all employees of the University of Tennessee system and the individual institutions by adoption of the annual operating budget for the university;
  8. (H) Have authority to adopt policies governing the granting and removal of tenure for faculty members;
  9. (I) Approve policies governing student conduct;
  10. (J) Oversee and monitor the operation of the intercollegiate athletics programs of the university, including proposed actions reasonably anticipated to have a long-term impact on the operations, reputation, and standing of the intercollegiate athletics programs or the university;
  11. (K) Evaluate student financial aid in relation to the cost of attendance and approve any necessary policies to improve the availability of financial aid that are in the best interest of students, the university, and the state;
  12. (L) Monitor the university's nonacademic programs, other than athletics, including programs related to diversity and monitor compliance of nonacademic programs with federal and state laws, rules, and regulations;
  13. (M) Evaluate administrative operations and academic programs periodically to identify efficiencies to be achieved through streamlining, consolidation, reallocation, or other measures;
  14. (N) Establish a process through which each advisory board created pursuant to § 49-9-501 must provide a recommendation to the president on the proposed operating budget, including tuition and fees, as it relates to the respective institution prior to the adoption of the annual operating budget by the board of trustees, beginning with any operating budget adopted after January 1, 2019;
    1 Backlink
    
    49-9-503(a)(1)
  15. (O) Establish a process through which each advisory board created pursuant to § 49-9-501 must provide a recommendation to the president on the proposed strategic plan for the respective institution prior to the approval of the strategic plan by the board of trustees, beginning with any strategic plan approved or adopted after January 1, 2019;
    1 Backlink
    
    49-9-503(a)(2)
  16. (P) Exercise general control and oversight of the University of Tennessee system and its institutions, delegating to the president the executive management and administrative authority necessary and appropriate for the efficient administration of the system or necessary to carry out the mission of the system, and delegating to each chancellor the executive management and administrative authority necessary and appropriate for the efficient administration of such chancellor's institution and its programs, subject to the general supervision of the president. The president shall exercise administrative authority over the chancellors;
  17. (Q) Establish a mechanism by which a person may bring an issue to the attention of the board and provide notice of that mechanism to the public;
  18. (R) Provide, in conjunction with regular meetings of the board, a reasonable opportunity for the public to address the board or a board committee concerning issues germane to the responsibilities of the board;
  19. (S) Have the authority to name buildings owned by the university or its institutions; and
  20. (T) Exercise all powers and take all actions necessary, proper, or convenient for the accomplishment of the university's mission and the responsibilities of the board.
2. (2) As used in this subsection (d), “institution” includes the University of Tennessee, Knoxville, the University of Tennessee at Chattanooga, the University of Tennessee at Martin, the University of Tennessee Southern, the University of Tennessee Health Science Center, the University of Tennessee Space Institute, the Institute of Agriculture, and the Institute for Public Service.
(e)
1. (1) The board of trustees shall also have full power and authority to make bylaws, rules, and regulations for the governance of the university and the promotion of education in the university that in the board's opinion may be expedient or necessary.
2. (2) The bylaws, rules, and regulations shall not be inconsistent with the constitution and laws of the United States or of this state.
(f) The president and chancellors of the university, with the advice and consent of a majority of the board, are authorized to confer any bachelor's, master's, or doctoral degree approved by the board of trustees upon certification by the appropriate university offices that a student has satisfied all degree requirements and all obligations to the university.

§ 49-9-210. Code of ethics — Material violation — Hearing — Vacancy.

(a) The board shall establish and adopt a code of ethics that will apply to and govern the conduct of all appointed members of the board.
(b) Notwithstanding any other law to the contrary, by a two-thirds (⅔) vote of its membership, the board may remove any appointed member of the board for a material violation of the code of ethics.
(c) A board vote to remove one of its members shall only be taken after the accused member has been afforded a due process contested case hearing in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, and a finding has been made that the member did violate the board's code of ethics.
(d) If a member is removed in accordance with this section, the position shall be considered vacant and the vacancy shall be filled as provided by law.
(e) This section shall be in addition to the prohibition against conflicts of interest by members of the board and possible punishment for violations set out in § 49-9-207.

§ 49-9-211. Orientation training program — Requirements.

The Tennessee higher education commission shall coordinate and administer an orientation training program, as well as an ongoing continuing education program, to inform members of the board of trustees of their powers and duties. This training shall include a perspective on higher education that incorporates national experts in higher education governance. This training shall address the roles and responsibilities of governing boards; the legal and ethical responsibilities of trustees; the board's role in upholding academic standards, intellectual diversity, and academic freedom; budget development; presidential searches and evaluation; the role of higher education in K-12 collaboration; and setting strategic goals. Initial training shall be conducted prior to the first called meeting of the board. In subsequent years, all newly appointed members shall attend orientation seminars within their first year of service.

§ 49-9-212. Institutional mission statement.

All institutions governed by the board of trustees of the University of Tennessee shall submit annually institutional mission statements to the Tennessee higher education commission for review and approval. An institutional mission statement shall:
1. (1) Characterize distinctiveness in degree offerings by level, focus, and student characteristics, including, but not limited to, nontraditional students and part-time students; and
2. (2) Address institutional accountability for the quality of instruction, student learning, and, when applicable, research and public service to benefit Tennessee citizens.

Part 3 Extension Department and Programs

§ 49-9-301. General provisions.

(a) There is established a department of university extension for the purpose of training citizens of the state in vocational and industrial employments, which shall be a department of the university and be administered, operated and controlled by the trustees of the university.
(b)
1. (1) The trustees are directed to set apart from the funds of the university derived from the revenues of the state sums equal to the amounts appropriated to the university by the state board for vocational education operating under the act passed by the 64th Congress of the United States, known as the Smith-Hughes Act, approved February 23, 1917 (ch. 114, 39 Stat. 929).
2. (2) The funds set apart shall be used solely for the promotion of trade and industrial education under the supervision of the state board for vocational education and the provisions of the federal statutes.
(c)
1. (1) The extension courses shall be offered in the cities of this state having a population of more than twenty thousand (20,000) inhabitants by the 1950 federal census or any subsequent federal census and may also be offered, in the discretion of the trustees, in any industrial center of the state where classes of fifteen (15) or more shall petition the trustees for instruction in vocational and industrial training.
2. (2) Such subjects may mean any subject given to enlarge the civic and vocational intelligence of workers over sixteen (16) years of age, which shall not include subjects known as strictly academic studies.
3. (3) Such courses shall be such as the trustees of the university shall establish, by proper rules and regulations; and the trustees may charge a fee to be paid by those taking the courses, which fee shall not be greater than fifty cents (50¢) per week per student to defray the incidental expenses of the course, including textbooks.
4. (4) There shall be no charge or cost of instructions other than as provided.
(d) The trustees of the university, for the purposes of the extension courses, may, with the consent of the proper city or town officials or school committee, use the school buildings or other public buildings or grounds in any city or town in the state. The board of trustees may also arrange for the use of other buildings, grounds and facilities that may prove to be necessary for the conduct of its work and may expend in rents funds that may be necessary.
(e) The trustees of the university shall, within thirty (30) days of the close of each calendar year, file with the commissioner of education, for the purpose of transmitting to the governor, a full report of the work done by them in the extension courses that are provided for in this section, giving a full and complete report of receipts and disbursements necessary in the conduct of the courses.
(f) No part of the appropriation provided for in this section shall be available for use by the trustees in any other matters than for the expense of conducting the extension courses.

Part 4 Institute for Public Service

§ 49-9-401. General provisions.

(a) There is established an Institute for Public Service, which shall operate as a division of the University of Tennessee, to provide continuing research and technical assistance to state and local government and industry and to meet more adequately the need for information and research in business and government.
(b)
1. (1) It is the purpose of this institute to:
  1. (A) Coordinate and promote departmental and contractual research and assistance to units of government and advise and consult with the general assembly, the governor, departments and agencies of federal, state and local government and public organizations and associations in the gathering and preparation of data and statistical materials necessary to the proper formulation of matters of public policy and the establishment, revision, expansion and contraction of programs of public service;
  2. (B) Establish liaison with public and private institutions of higher education, research organizations and foundations and industry to the extent that the research facilities and capabilities of educational institutions are available to and concerned with the problems of business and industry and direct the activities of the Center for Industrial Services as described in § 49-9-403; and
  3. (C) Cooperate with the office of legislative services, the office of legal services for the general assembly, the department of economic and community development and other state, local government and business or industrial agencies dedicated to the study and improvement of the problems of government, industry and law.
2. (2) The institute is authorized to use funds appropriated for such purpose by the general appropriations act for use by the Center for Government Training to fund training programs for county officials, in cooperation with the County Officials' Association of Tennessee and the Tennessee County Services Association.
(c)
1. (1) The president of the University of Tennessee, with the approval of the board of trustees, is authorized to appoint a general advisory committee to aid in directing the activities of the institute and other specific advisory committees that may be desirable to aid in accomplishing the several purposes of this part.
2. (2) The committees shall include, but not be limited to, a center for industrial services advisory committee, composed of representatives from public and private institutions of higher learning, members of the governor's staff, industry and other appropriate business and governmental organizations.
3. (3) All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations, as promulgated by the department of finance and administration and approved by the attorney general and reporter.
(d) The president of the University of Tennessee is authorized to appoint an individual to function as the chief administrator of the institute. The president is further authorized to fix the title, compensation, and other terms of employment of the chief administrator. The president may delegate this appointing authority to another officer of the university. The chief administrator of the institute shall serve at the pleasure of the president or other officer of the university who exercises this appointing authority. The qualifications for this position shall include both academic and governmental work experience.

§ 49-9-402. County technical advisory service.

(a) As a part of the Institute for Public Service, there is created a county technical advisory service to provide studies and research in county government, publications, educational conferences and attendance at the conferences, and to furnish technical, consultative and field services to counties of the state in problems relating to fiscal administration, accounting, tax assessment and collection, law enforcement, improvements and public works, and in any and all matters relating to county government.
(b) This program shall be carried on in cooperation with and with the advice of counties in the state acting through the Tennessee County Services Association and its board of directors, which is recognized as their official agency or instrumentality.

2 Backlinks

§ 49-9-403. Center for Industrial Services.

(a) As a part of this Institute for Public Service, there is created a Center for Industrial Services to render service to the industries in this state by:
1. (1) Providing information, data and materials relating to the needs and problems of industry that might be supplied and solved through research;
2. (2) Providing information about available research facilities and research personnel in Tennessee colleges and universities and in governmental and private research laboratories;
3. (3) Keeping Tennessee's industries informed about the supply of and demand for trained, qualified personnel; and
4. (4) Cooperating with the department of economic and community development in carrying out its duties.
(b) In addition to the services provided pursuant to subsection (a), the center shall develop and provide technical assistance services, programs and information to assist small manufacturers and small businesses with hazardous waste disposal. The center may contract within the University of Tennessee system and the state universities and college system to provide the services and information.
1 Backlink
- 49-9-405(b)

1 Backlink

49-9-401(b)(1)(B)

§ 49-9-404. Residential building inspection assistance.

(a) The University of Tennessee, through the Institute for Public Service, may provide assistance to local governments for residential building inspection programs.
(b) Assistance shall be provided on both the technical and financial levels with regard to the administration of inspection services and enforcement of building and housing codes.
(c) Training programs for the personnel to staff local building inspection services, as well as minimum staffing requirements, shall be established for all local governments aided under this section.

§ 49-9-405. Program director and waste audit engineers for industrial services center.

(a) Notwithstanding any law, regulation or personnel policy to the contrary, the following positions are authorized and established in the Center for Industrial Services:
1. (1) One (1) program director; and
2. (2) Two (2) waste audit engineers.
(b) The program director shall be located in Knoxville, to establish and manage the program established in § 49-9-403(b). One (1) waste audit engineer shall be assigned to work in the middle Tennessee area and one (1) waste audit engineer shall be assigned to work in the west Tennessee area. Appropriate travel expenses and support personnel shall be provided for all positions created in subsection (a).

§ 49-9-406. Continuing education and training programs — Waste audits — Assistance from University of Tennessee.

(a) From available funds in the solid waste management fund, the institute for public service shall develop and offer short courses and workshop curricula concerning waste management, source reduction and recycling for continuing education and training programs for local government officials.
(b) The center for industrial services of the institute shall perform waste audits for private businesses pursuant to guidelines developed by the [former] state planning office.
(c) From available funds in the solid waste management fund, the institute shall provide assistance to regions, counties and municipalities in all aspects of solid waste management consistent with title 68, chapter 211, part 8. This assistance may be provided through programs established under title 68, chapter 211, part 8 and shall include all of the following:
1. (1) Providing information on how to conduct a survey of the composition of solid waste;
2. (2) Providing solid waste generators with information on how to manage solid waste consistent with the state plan;
3. (3) Preparing sample ordinances, procedural handbooks and contracts;
4. (4) Identifying sources of information regarding the creation and operation of a municipal or county program; and
5. (5) Providing advice, upon the request of a region or county, on implementing the region's or county's solid waste management plan.

§ 49-9-407. Municipal Technical Advisory Service.

(a) As part of the Institute for Public Service, the Municipal Technical Advisory Service exists to provide studies and research in municipal government, publications, and educational conferences and to furnish technical, consultative, and field services to municipalities of the state in problems relating to fiscal administration, accounting, tax assessment and collection, law enforcement, improvements and public works, and in any and all matters relating to municipal government.
(b) This program shall be carried on in cooperation with and with the advice of municipalities in the state acting through the Tennessee Municipal League and its board of directors, which is recognized as their official agency or instrumentality.

§ 49-9-408. Law Enforcement Innovation Center.

(a) As a part of the Institute for Public Service, the Law Enforcement Innovation Center exists to provide studies and research in law enforcement and public safety and in educational conferences and training and to furnish technical, consultative, and field services to law enforcement agencies.
(b) This program shall be carried on in cooperation with and with the advice of law enforcement agencies.

§ 49-9-409. Naifeh Center for Effective Leadership.

(a) As part of the Institute for Public Service, the Naifeh Center for Effective Leadership exists to provide studies and research in leadership and executive development and educational conferences and training and to furnish technical, consultative, and field services in these areas.
(b) This program shall be carried on in cooperation with and with the advice of professionals in the field of leadership and executive development.

§ 49-9-410. Tennessee Foreign Language Center.

(a) The Tennessee Foreign Language Institute is transferred to and reestablished as a part of the Institute for Public Service and renamed the Tennessee Foreign Language Center.
(b) As a part of the Institute for Public Service, the Tennessee Foreign Language Center shall provide coordination and foreign language services to state and local government entities, as well as private entities. Programming may include, but is not limited to:
1. (1) Services in support of government, industrial recruitment, and economic and tourist development;
2. (2) Original research into issues related to foreign language, language instruction, and associated cultural considerations; and
3. (3) Providing publications, conducting educational conferences, and furnishing technical consultation, training, and field services in the areas of foreign language and culture.
(c)
1. (1)
  1. (A) On July 1, 2018, the Tennessee Foreign Language Institute endowment fund shall be transferred from the state treasury to the University of Tennessee Institute for Public Service. The fund shall be renamed the Tennessee Foreign Language Center endowment fund. The Institute for Public Service may receive private gifts and contributions for deposit in the Tennessee Foreign Language Center endowment fund for the benefit of the Tennessee Foreign Language Center.
  2. (B) Notwithstanding subdivision (c)(1)(A), the Institute for Public Service may keep the Tennessee Foreign Language Center endowment fund in the state treasury and may enter into an agreement with the state treasurer for its management.
2. (2) The income from the Tennessee Foreign Language Center endowment fund shall be used for the operation and maintenance of the center. All interest and earnings on deposit in the fund shall become a part of and remain in the Tennessee Foreign Language Center endowment fund. No funds in the Tennessee Foreign Language Center endowment fund shall revert to the state general fund on June 30 of any year, but shall remain available for expenditure in accordance with this part.

Part 5 Advisory Boards

§ 49-9-501. Advisory boards for University of Tennessee institutions.

(a)
1. (1) On July 1, 2018, there are established advisory boards for the University of Tennessee, Knoxville; University of Tennessee at Martin; University of Tennessee at Chattanooga; and University of Tennessee Health Science Center. On July 1, 2022, there is established an advisory board for the University of Tennessee Southern.
2. (2) Each advisory board shall consist of five (5) members appointed by the governor, one (1) faculty member selected in accordance with subsection (c), and one (1) student member selected in accordance with subsection (d).
(b)
1. (1) Of the five (5) members appointed by the governor:
  1. (A) At least three (3) members of each advisory board must be alumni of the respective University of Tennessee institution. For purposes of this subdivision (b)(1), “alumni” means a person who earned a degree at the respective institution;
  2. (B) At least one (1) member of each advisory board must be a resident of the county in which the respective University of Tennessee institution is located. For purposes of this subdivision (b)(1)(B), “resident” means a person whose legal domicile is in the county in which the respective institution is located; and
  3. (C) At least three (3) members of each advisory board must be residents of this state. For purposes of this subdivision (b)(1)(C), “resident” means a person whose legal domicile is the state of Tennessee.
2. (2) In making appointments, the governor shall strive to ensure that the advisory boards are composed of members who are diverse in sex, race, perspective, and experience.
(c) One (1) member must be a full-time faculty member of the respective University of Tennessee institution selected and appointed in a manner determined by the faculty senate or equivalent body of that respective institution, no later than May 31 of the year of appointment.
(d) One (1) member must be a student at the respective University of Tennessee institution selected and appointed in a manner determined by the respective advisory board, no later than May 31 of each year. Each student member must be enrolled full-time at the respective University of Tennessee institution throughout the term of appointment; provided, that this requirement does not require enrollment during any summer semester.
(e) The following individuals are prohibited from serving as a member of an advisory board for so long as they hold the office or position:
1. (1) Employees of any public institution of higher education; except those faculty or student members appointed to each advisory board;
2. (2) Elected officials;
3. (3) State employees; and
4. (4) Members of a governing body for any public institution of higher education.
(f)
1. (1)
  1. (A) Except as otherwise provided in this subsection (f), the five (5) members appointed by the governor must be confirmed by the senate and the house of representatives prior to beginning a term of office.
  2. (B) Except as otherwise provided in this subsection (f), all appointments of the board members by the governor shall be confirmed by joint resolution prior to the commencement of the term of office to which the member is appointed.
  3. (C) If either house fails to confirm the appointment of a board member by the governor within ninety (90) calendar days after the general assembly next convenes in regular session following such appointment, the appointment terminates on the day following the ninetieth calendar day.
2. (2) If the general assembly is not in session when initial gubernatorial appointments are made, all such initial appointees shall serve the terms prescribed pursuant to this section, unless the appointments are not confirmed during the next regular session of the general assembly following the appointments in accordance with subdivision (f)(1).
3. (3) If the general assembly is not in session at the time a member is appointed by the governor to fill a vacancy resulting from the expiration of a term, the member whose term has expired will serve until a new appointee is confirmed in accordance with subdivision (f)(1).
4. (4) If the general assembly is not in session at the time a member is appointed by the governor to fill a vacancy not resulting from the expiration of a term, the new appointee will serve for the term appointed unless the appointment is not confirmed during the next regular session of the general assembly following the appointment in accordance with subdivision (f)(1).
(g)
1. (1) The initial terms of the members appointed by the governor shall be two (2), three (3), and four (4) years. One (1) member shall serve a two-year term, two (2) members shall serve a three-year term, and two (2) members shall serve a four-year term. For all subsequent appointments, such members of the advisory boards shall be appointed to serve terms of four (4) years beginning July 1 of the year of appointment and ending on June 30.
2. (2) Each faculty member selected in accordance with subsection (c) shall serve a term of two (2) years, beginning July 1 and ending June 30.
3. (3) Each student member selected in accordance with subsection (d) shall serve a term of one (1) year, beginning July 1 and ending the following June 30.
(h) Members are eligible to succeed themselves; provided, that no person may serve more than two (2) consecutive terms, whether appointed as an initial member, as a successor member, or to fill a vacancy. A member who serves two (2) consecutive terms may be reappointed after four (4) years have elapsed since the individual's last date of service on that advisory board.
(i) If a vacancy occurs by death or resignation, the governor shall appoint a successor for the remainder of the term. If a vacancy occurs by reason of expiration of a term, the board member whose term has expired serves until a successor is appointed.
(j) The cessation of a member's legal domicile in the applicable county that results in a failure to satisfy subdivision (b)(1)(B), or the cessation of any member's legal domicile in the state that results in a failure to satisfy subdivision (b)(1)(C), vacates the member's position. The governor shall appoint a person satisfying the requirement as a successor for the remainder of the term.
(k) The cessation of a faculty member's employment with the university or full-time faculty status that results in a failure to satisfy subsection (c), or the cessation of a student member's full-time enrollment status that results in a failure to satisfy subsection (d), vacates the member's position. The governor shall appoint a faculty member or student satisfying the requirement as a successor for the remainder of the term.

4 Backlinks

§ 49-9-502. Advisory board meetings.

(a) Each advisory board of the University of Tennessee established pursuant to § 49-9-501 shall hold at least three (3) meetings annually on a day or days determined by the board from year to year.
(b) Four (4) members shall constitute a quorum, and they are empowered to transact any business.
(c) Each advisory board shall adopt bylaws to govern its meetings, subject to approval by the board of trustees.
(d) The governor shall call the initial meeting of each advisory board to occur on or after July 1, 2018.
(e) The failure of a member to attend more than fifty percent (50%) of the regular meetings in a calendar year is cause for the member's removal and authorizes the board to call on the governor to appoint a successor.
(f) Advisory board members shall be reimbursed for travel expenses in accordance with the comprehensive travel regulations promulgated by the department of finance and administration and approved by the attorney general and reporter.

§ 49-9-503. Advisory board role and responsibilities.

(a) Each advisory board of the University of Tennessee established pursuant to § 49-9-501 shall:
1. (1) Submit a recommendation, in accordance with the process established pursuant to § 49-9-209(d)(1)(N), regarding the proposed operating budget, including tuition and fees, as it relates to the respective institution;
2. (2) Submit a recommendation, in accordance with the process established pursuant to § 49-9-209(d)(1)(O), regarding the strategic plan for the respective institution;
3. (3) Advise the chancellor of the respective University of Tennessee institution regarding university operations and budget, campus master plan, campus life, academic programs, policies, and other matters related to the institution and as may be requested by the chancellor from time to time;
4. (4) Under the leadership of the chancellor of the respective institution, seek to promote the overall advancement of the institution and the University of Tennessee system;
5. (5) Advise the board of trustees or president of the University of Tennessee system on matters related to the institution and the University of Tennessee system as may be requested by the president or board of trustees from time to time; and
6. (6) Be subject to the open meetings laws, compiled in title 8, chapter 44.
(b) The responsibilities of, and any actions taken by, an advisory board shall not conflict with or inhibit the authority of the board of trustees.

Part 6 Space Institute

§ 49-9-601. General provisions.

(a) The board of trustees of the University of Tennessee is authorized and empowered to:
1. (1) Acquire a suitable site at, near or in the vicinity of the Arnold Engineering Development Center near Tullahoma, and construct on the site buildings and related facilities to be known as the University of Tennessee Space Institute, which, when constructed, equipped and furnished, shall be operated as a part of the University of Tennessee, to train students in science and engineering at the master's, doctoral and post-doctoral level;
2. (2) Attract outstanding teachers, students and research workers interested in work related to aerospace science and engineering;
3. (3) Contract with both government and private agencies for research; and
4. (4) Provide services to aerospace industries through research and through education and training of potential workers.
(b) The board is authorized to accept funds from the federal government or any department or agency of the federal government, from any political subdivision of the state or from any individual, firm, corporation, foundation or other person to be used in carrying out this section and for the maintenance and operation of the University of Tennessee Space Institute. The board is authorized to acquire by gift, purchase or the exercise of its power of eminent domain a necessary site or sites for carrying out the purposes of this section.
(c) In the event that the federal government makes available to the University of Tennessee a suitable site for the institute, the board may, on behalf of and in the name of the University of Tennessee, accept the title to the site and expend funds for the construction of the institute on the site, upon such terms and conditions as may be agreed upon between the federal government and the board.

Part 7 Medical Education

§ 49-9-701. School of medicine — General practice.

(a) The University of Tennessee school of medicine shall include in the curriculum a department of general practice of medicine under the direction and supervision of a qualified family practitioner.
(b) The minimum requirements for the department shall include courses of study in family care, including clinical experience, a program of preceptorships, a program of internships or general practice residences in a hospital and other teaching techniques that, in the judgment of the management of the school, are best suited to encourage and implement the preparation of students for the general practice of medicine.
(c) The University of Tennessee is authorized to use that portion of the funds appropriated to it by the general assembly that the board of trustees deems necessary to establish and operate a department of general practice of medicine in the University of Tennessee school of medicine.

§ 49-9-702. Clinical medical education centers.

(a)
1. (1) The establishment of clinical medical education centers in Washington and Sullivan counties and in Hamilton County are authorized.
2. (2) A clinical medical center shall include internship and residency training in medicine, as well as clinical training for advanced undergraduate medical students. It may also include training programs for other health professionals and short courses and continuing medical education for physicians residing in the area.
(b) The University of Tennessee medical units will be responsible for the planning and development of the centers, in a manner similar to the clinical center being developed at the Memorial Research Center and Hospital in Knoxville.
(c) The University of Tennessee medical units are responsible for planning the further development of other educational programs designed to achieve a better distribution of physicians into nonmetropolitan areas of the state where a shortage of doctors currently exists, and are authorized and directed to work with Vanderbilt University and Meharry Medical College to develop statewide programs for medical education that are designed to increase the supply and achieve a better distribution of physicians in Tennessee.

§ 49-9-703. Family practice residency programs.

(a) There is created the Tennessee family practice residency program for the purpose of training resident physicians in the field of family practice, and to encourage family practice physicians to settle and establish private family practices in areas of the state with physician shortages.
(b)
1. (1) The program shall be administered by the University of Tennessee College of Medicine in cooperation with the department of health and by East Tennessee State University in upper east Tennessee.
2. (2) The University of Tennessee and East Tennessee State University may contract with other accredited medical schools in the state to provide family resident training programs that are consistent with the overall objectives of this program.
(c)
1. (1) The University of Tennessee College of Medicine and East Tennessee State University, in consultation with the appropriate officials of the department of health, will develop and implement a plan to establish family practice resident training programs in each of the grand divisions so that training opportunities for at least one hundred fifty (150) residents will be available within three (3) years, a minimum of thirty (30) residents being located in the tri-cities area.
2. (2) The program shall make maximum feasible use of nonstate funds from the federal government, private sources, and fees for services in developing and implementing the program, consistent with the requirements for a high quality educational program that meets all of the standards for accreditation.
3. (3) The University of Tennessee and East Tennessee State University are authorized to use any and all nonstate funds for the purposes specified in this section.
4. (4) In developing the family resident training program, the University of Tennessee and East Tennessee State University will develop or contract for the development of training programs in a number of different locations in the state to promote, to the maximum extent possible, the better distribution of family physicians within the state.
(d)
1. (1) In connection with the purposes of this section, and to develop postgraduate medical education opportunities in primary care fields, the University of Tennessee is authorized and directed to establish a clinical medical education center at Jackson.
2. (2) The funds necessary for the planning of the clinical center may be expended from the appropriation provided in this section.
(e)
1. (1) In addition to the resident training opportunities created by subsection (c), and subject to specific appropriation of funds by the general assembly, the University of Tennessee College of Medicine and the East Tennessee State University Quillen College of Medicine, in cooperation with the department of health and the Tennessee higher education commission, shall administer additional resident training opportunities focusing on family medicine, general pediatrics, primary care medicine-pediatrics, and psychiatry to provide medical and behavioral health services in medically underserved areas and rural counties, distributed across all three (3) grand divisions of this state.
2. (2) The University of Tennessee and East Tennessee State University may contract with other accredited medical schools and sponsoring institutions of residency programs approved by the Accreditation Council of Graduate Medical Education (ACGME) to provide doctor of medicine resident training opportunities consistent with this subsection (e).
3. (3) The resident training opportunities created under this subsection (e):
  1. (A) Must be open to all qualified candidates and filled through the existing matching process used for graduate medical education;
  2. (B) Must make maximum feasible use of non-state funds from the federal government, private sources, and fees for services in a manner that is consistent with accreditation standards when developing and implementing the additional resident training opportunities; and
  3. (C) Are not eligible for graduate medical education funds distributed by the bureau of TennCare pursuant to § 71-5-2005(d)(1)(C).

§ 49-9-704. Encouragement of primary care and family practice medicine.

(a) The University of Tennessee and East Tennessee State University shall develop and implement a plan to encourage graduates of their respective colleges of medicine to become practitioners in the fields of primary care medicine or family practice medicine, or both, in this state. The plan shall be designed to ensure that the number of students from each graduating class entering such practice in this state shall be increased by ten percent (10%) over the number of graduates entering such practice prior to May 31, 1993. The requirement for a specific percentage increase shall not apply to any university graduating sixty percent (60%) of a class into family and primary care practices so long as at least sixty percent (60%) of each class continues to be in such practices; provided, that such university shall have in place the plan required by this section for emphasizing the education of doctors providing family practice and primary care in this state.
(b) The plan may include grants, fee waivers, partial or full tuition reimbursement or any other appropriate financial incentives for graduates from the respective colleges of medicine to pursue careers in primary care medicine or family practice medicine, or both.
(c) The cost of development and implementation of the plan shall be provided from within existing resources of the universities.

§ 49-9-705. Program to provide resident training opportunities for physicians focusing on family medicine and general internal medicine to provide medical and behavioral health services in medically underserved areas and rural counties.

(a) In addition to the resident training programs provided in this part, and subject to specific appropriation of funds by the general assembly, there is created a resident training program to provide resident training opportunities for physicians focusing on family medicine and general internal medicine to provide medical and behavioral health services in medically underserved areas and rural counties, distributed across all three (3) grand divisions of this state.
(b) A private, nonprofit college or university having a college of osteopathic medicine located in Claiborne County, in cooperation with the department of health and the Tennessee higher education commission, shall administer the resident training program described in subsection (a).
(c) A private, nonprofit college or university having a college of osteopathic medicine located in Claiborne County may contract with other accredited medical schools and sponsoring institutions of residency programs approved by the Accreditation Council of Graduate Medical Education (ACGME) to provide physician resident training opportunities consistent with this section.
(d) The resident training opportunities created pursuant to subsection (a):
1. (1) Must use ACGME-accredited, family medicine or general internal medicine residency programs with institutional sponsors that are either local community hospitals or community health systems;
2. (2) Shall not use residency programs with institutional sponsors that are universities or medical schools;
3. (3) Must be open to all qualified candidates and filled using the matching process used for graduate medical education that exists on July 1, 2021;
4. (4) Must make maximum feasible use of non-state funds from the federal government, private sources, and fees for services in a manner that is consistent with accreditation standards when developing and implementing the additional resident training opportunities created by this section; and
5. (5) Are not eligible for graduate medical education funds distributed by the bureau of TennCare pursuant to § 71-5-2005(d)(1)(C).

§ 49-9-706. Family medicine student loan repayment grant — Health resource shortage area — Requirements.

(a) As used in this section, “health resource shortage area” means an area determined to be a health resource shortage area by the department of health, office of rural health.
(b) Subject to specific appropriation of funds by the general assembly, there is created a family medicine student loan repayment grant program to incentivize physicians in residency training to provide medical health services in health resource shortage areas following completion of their training.
(c) To be eligible for a family medicine student loan repayment grant, a person must:
1. (1) Have graduated from an accredited medical school;
2. (2) Be actively enrolled in a Tennessee family medicine residency training program, matched through the existing matching process used for graduate medical education and accredited for certification by the American Board of Family Medicine;
3. (3) Apply to the department of health for a grant, on forms provided by the department, during family medicine residency training; and
4. (4) Enter into a contract with the department to provide medical health services in a Tennessee health resource shortage area for at least five (5) years following residency training in family medicine.
(d) The department of health shall administer the family medicine student loan repayment program. The department of health, in consultation with the Tennessee student assistance corporation, the board of medical examiners, and the board of osteopathic examination, is authorized to promulgate rules and regulations for the management and administration of the family medicine student loan repayment program. The rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(e)
1. (1) The department shall issue program monies to pay family medicine student loan repayment grants to grant recipients for the amount of principal, interest, and related expenses of the physician's medical school educational loans, not to exceed the physician's total student loan indebtedness.
2. (2) Subject to the appropriation of sufficient funds and verification that a physician meets the eligibility requirements in subsection (c), the department may award family medicine student loan repayment grants to qualifying physicians of up to forty thousand dollars ($40,000) per year for a maximum of five (5) years; provided, that the sum of all family medicine student loan repayment grants made to a qualifying physician must not exceed the physician's total student loan indebtedness.
(f) The department may use private donations, grants, federal monies, and state monies to implement, support, promote, or maintain the family medicine student loan repayment program. The department shall issue an annual report to the governor, the chair of the education administration committee of the house of representatives, and the chair of the senate education committee detailing the number of physicians applying for and awarded grants, including information regarding the number of applicants and grant recipients identified by health resource shortage area.
(g) A physician who receives a family medicine student loan repayment grant and breaches the contract created pursuant to subdivision (c)(4) by failing to begin or to complete the obligated services is liable for liquidated damages in an amount equivalent to the amount that would be owed for default and any other penalties as determined and authorized by the department. The department may retain legal counsel and commence whatever actions necessary to collect loan payments and charges if there is a default or a breach of a contract entered into under subdivision (c)(4). The department may waive the liquidated damages provisions of this subsection (g) if it determines that death or permanent physical disability accounted for the failure of the participant to fulfill the contract. The department may prescribe additional conditions for default, cancellation, waiver, or suspension.
(h) No retroactive award of a family medicine resident training student loan repayment grant shall be made under this section.

Part 8 College of Veterinary Medicine

§ 49-9-801. General provisions.

The board of trustees of the University of Tennessee shall establish the College of Veterinary Medicine in the Institute of Agriculture at the University of Tennessee, Knoxville, and shall provide for full joint utilization of the physical facilities, equipment and basic science staff of the College of Agricultural Sciences and Natural Resources and the University of Tennessee.

Part 9 University of Tennessee at Chattanooga

§ 49-9-901. General provisions.

(a) There is created and established by the state a campus of the University of Tennessee in Hamilton County, to be known as the University of Tennessee at Chattanooga.
(b) The trustees of the University of Tennessee are given the same power, authority and discretion to prescribe and offer courses, curricula and degree programs, acquire land and construct buildings, inaugurate and carry out all necessary supporting work and activities and award degrees of the University of Tennessee at the University of Tennessee at Chattanooga as the trustees now have and exercise at the other colleges and schools of the University of Tennessee.

Part 10 University of Tennessee at Martin

§ 49-9-1001. General provisions.

(a) There is created and established by the state of Tennessee a branch of the University of Tennessee at Martin, to be known as The University of Tennessee at Martin.
(b) The trustees of the University of Tennessee are given the same power, authority and discretion to prescribe and offer courses, curricula and degree programs, inaugurate and carry out all necessary supporting work and activities and award degrees of the University of Tennessee at the University of Tennessee at Martin as the trustees now have and exercise at the other colleges and schools of the University of Tennessee.
(c) The University of Tennessee at Martin is authorized to allow qualified students from the counties of Fulton, Hickman and Graves in the state of Kentucky to enroll without payment of out-of-state tuition, on the condition that Murray State University in Murray, Kentucky continue to admit Tennessee residents from selected Tennessee counties to enroll at that institution without payment of out-of-state tuition as is being done at this time.

Part 11 University of Tennessee Southern

§ 49-9-1101. General provisions.

(a) There is created and established by the state a campus of the University of Tennessee in Giles County, to be known as the University of Tennessee Southern.
(b) The trustees of the University of Tennessee are given the same power, authority, and discretion to take all actions necessary, proper, or convenient for the accomplishment of the University of Tennessee's mission at the University of Tennessee Southern as the trustees now have and exercise at the other colleges and schools of the University of Tennessee, including, but not limited to, the power, authority, and discretion to prescribe and offer courses, curricula, and degree programs; acquire land and construct buildings; inaugurate and carry out all necessary supporting work and activities; and award degrees of the University of Tennessee.

Part 12 Tennessee 4-H Club Foundation

§ 49-9-1201. Endowment funds established.

There are established special district 4-H endowment funds in the Tennessee 4-H Club Foundation at the University of Tennessee Institute of Agriculture.

§ 49-9-1202. State matching funds.

The state shall match the funds raised by each 4-H district up to one hundred thousand dollars ($100,000) as money in the endowment fund becomes available through the general appropriations act or grants. No district may receive matching funds totaling more than one-sixth (⅙) of the amount of money in the endowment fund during any fiscal year. If at the end of a fiscal year there remains money in the fund, districts that have raised more than one-sixth (⅙) of the money available during that year shall be entitled to a pro rata match of the money remaining in the fund. The funds raised by the 4-H district, together with the state matching funds, shall be deposited in the endowment fund for each district created by this part.

§ 49-9-1203. Interest on funds.

Interest accruing on investments of the funds deposited to the credit of each 4-H district in the respective special endowment funds shall be used for the sole purpose of promoting 4-H projects in the district.

Part 13 University of Tennessee Memorial Research Center and Hospital

§ 49-9-1301. Authority of board of trustees.

(a) The board of trustees is authorized to:
1. (1) Take all steps necessary for the creation of a private nonprofit corporation under the Tennessee Nonprofit Corporation Act, compiled in title 48, chapters 51-68, for the purpose of operating the University of Tennessee Memorial Research Center and Hospital. Except as provided in subdivision (b)(2), the corporation shall have all the rights and powers of a nonprofit corporation under the Tennessee Nonprofit Corporation Act. The corporation shall not be an agency, department or political subdivision of the state. The charter of the nonprofit corporation shall include that its purpose is to operate the University of Tennessee Memorial Research Center and Hospital in a manner that will fulfill the hospital's mission statement of dedication to its continuation as the premier center to offer medical care to the underserved population of the thirteen-county area served by the hospital. The corporation shall not be subject to any law affecting only governmental or public entities;
2. (2) Enter into contracts with the corporation created under this section for goods, services and facilities in support of the programs of the university; and
3. (3) With prior approval of the attorney general and reporter and with prior approval of the state building commission in consultation with the majority and minority leaders of both houses of the general assembly, transfer to a corporation created under this section any or all assets used in or related to operation of the University of Tennessee Memorial Research Center and Hospital on such terms and conditions as the trustees deem in the best interest of the university and state; provided, however, that the trustees shall take action to provide for continued support of the education and research missions of the university in the health sciences, including, but not limited to, access to facilities that will offer clinical experience for students in the health sciences.
(b)
1. (1) Debts or other obligations of a corporation created under this section shall be payable only from assets of the corporation and shall not be debts or obligations of the state. Neither the university nor the state shall have any legal or other obligation to finance the deficits of, or provide financial support to, the corporation. Effective on the date of transfer of operation of the hospital to a corporation created under this section, neither the state nor the university shall have any legal, financial or other responsibility or liability for the operation of the hospital or the corporation.
2. (2) In addition to any other law governing the conveyance of assets from a not-for-profit corporation to another entity or a dissolution of assets of a not-for-profit hospital, any subsequent conveyance by any private nonprofit corporation that has acquired all or part of the assets originally owned by the University of Tennessee Memorial Research Center and Hospital shall only be authorized with prior approval of the attorney general and reporter, with prior approval of the state building commission and with prior approval of the general assembly. It is the intent of the general assembly that any such subsequent conveyance by the private nonprofit corporation shall provide for the repayment of the sums of three million dollars ($3,000,000) to the state of Tennessee, two million dollars ($2,000,000) to Knox County and two million dollars ($2,000,000) to the City of Knoxville.
(c)
1. (1) Prior to entering into any contracts authorized pursuant to subdivision (a)(2) with the corporation created under this section, the board of trustees shall hold at least four (4) public hearings in the area served by the University of Tennessee Memorial Research Center and Hospital to explain the contents and conditions of each contract. The four (4) public hearings must be held at least thirty (30) days prior to entering into the contracts. Two (2) weeks' notice shall be given prior to each public hearing. The notice shall be:
  1. (A) Published in one (1) or more newspapers of general circulation in the area served by the hospital;
  2. (B) Posted in the emergency room and the hospital admissions area; and
  3. (C) Posted in one or more public places in the area served by the hospital.
2. (2) At least one (1) of the public hearings must be held in Knox County.
3. (3) If any of the contracts are materially revised following the public hearings, the revised contract or contracts shall be published in the same newspapers in which the notices of the public hearings were published at least one (1) week prior to being signed by the board.
4. (4) Any contract entered into in violation of this subsection (c) shall be null and void.

§ 49-9-1302. Meetings.

All meetings of the board of trustees concerning actions authorized by this part shall be conducted as public meetings in accordance with title 8, chapter 44, part 1.

§ 49-9-1303. Purpose of research center and hospital.

The University of Tennessee Memorial Research Center and Hospital and its successors shall remain committed to serving the hospital's traditional patients and the health care needs of the City of Knoxville, Knox County and the surrounding region.

1 Backlink

49-9-1305

§ 49-9-1304. Transition from state to private nonprofit corporation employment.

(a) In carrying out any transfer of the University of Tennessee Memorial Research Center and Hospital under this part, the board of trustees shall make reasonable efforts to provide for the transition of employees from state to nonstate employment in an orderly and equitable manner.
(b) With respect to employees previously employed by the University of Tennessee Memorial Research Center and Hospital, the private nonprofit hospital created pursuant to this part shall provide:
1. (1) A defined insurance and leave benefits package that is equivalent to or better than the benefits package previously enjoyed by employees of the University of Tennessee Memorial Research Center and Hospital; and
2. (2) A deferred compensation program and a defined fixed-benefits retirement plan that is equivalent to or better than the deferred compensation program and retirement plan available to participants within the Tennessee consolidated retirement system.
(c) Any person employed by the University of Tennessee Memorial Research Center and Hospital on June 13, 1997, shall continue to be eligible for the same tuition reduction authorized to any other employee of the University of Tennessee to the same extent the person was entitled to receive tuition reduction while employed by the University of Tennessee Memorial Research Center and Hospital as long as that person remains an employee of the private nonprofit hospital created pursuant to this part.
(d) For those employees employed by the University of Tennessee Memorial Research Center and Hospital, it is the legislative intent that the private nonprofit hospital created pursuant to this part shall provide compensation at least equivalent to their current compensation and shall make reasonable allowance for their accumulated benefits (i.e., sick leave, vacation, educational benefits, etc.) that the employees were eligible for at the time of the transfer.
(e) With respect to employees previously employed by the University of Tennessee Memorial Research Center and Hospital, the private nonprofit hospital created pursuant to this part shall only impose personnel terminations, layoffs, suspensions or demotions for cause and shall provide affected employees with due process rights and procedures that are equivalent to or better than the due process rights and procedures that the employees previously enjoyed as employees of the University of Tennessee Memorial Research Center and Hospital.

§ 49-9-1305. Transfer of assets.

At least sixty (60) days prior to any transfer of assets under this part, the board of trustees shall notify the attorney general and reporter, the state building commission and the majority and minority leaders of both houses of the general assembly. In deciding whether to approve a transfer of assets under this part, the attorney general and reporter and the state building commission shall consider whether the transfer of assets will comply with § 49-9-1303, whether any illegal or improper conflicts of interest exist and whether the transaction is otherwise consistent with laws governing the transfer of state-owned assets.

§ 49-9-1306. Sovereign immunity.

Nothing contained in this part shall be deemed or construed to waive or abrogate in any way the sovereign immunity of the state, the university or any officer or employee of the state or the university.

§ 49-9-1307. Liberal construction.

This part shall constitute full and complete authority, without regard to any other law, for the doing of the acts and things authorized in this part and shall be liberally construed to effect the purposes of this part. Insofar as this part is inconsistent with any other law, general, specific or local, this part shall be controlling.

§ 49-9-1308. Conflicts of interest prohibited.

No member of the board of trustees of the University of Tennessee Memorial Research Center and Hospital or the trustees' immediate family shall derive any financial benefit from the transfer of the hospital to a nonprofit corporation as authorized by this part.

§ 49-9-1309. Compliance with Title VI.

No expenditure of public funds pursuant to this part shall be made in violation of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d).

Part 14 Research and Development at the University of Tennessee

§ 49-9-1401. Purpose — Construction.

The purpose of this part is to enhance the competitive position of the University of Tennessee for research and development funding and otherwise to facilitate expanded research and development activities at the university, the premier public research university in this state. The further purpose of this part is to facilitate the commercialization of university research outcomes and the transfer of research-generated technology from the university to commercial and industrial enterprises in furtherance of the economic development of this state. This part shall be liberally construed in conformity with its purposes.

§ 49-9-1402. Authority and powers of university.

(a) Without intending any limitation of the express and implied powers vested in the University of Tennessee, the general assembly expressly recognizes the university's authority to take whatever steps it deems necessary to form and participate in legal entities organized under the laws of this state for the purpose of promoting, supporting and carrying out the university's research mission, including, but not limited to, the commercialization of research outcomes and the transfer of research-generated products, ideas, processes and other technology from the university to commercial and industrial enterprises. The general assembly further expressly recognizes the university's authority to enter into joint ventures and other cooperative arrangements with those entities in furtherance of the purposes of this part.
5 Backlinks
(b) Entities described in subsection (a) may be vested with any power and charged with any responsibility necessary or desirable to facilitate research and development at the university, commercialization of university research outcomes and transfer of research generated technology from the university to commercial and industrial enterprises.

§ 49-9-1403. Entities not affiliated with state.

An entity described in § 49-9-1402(a) shall not be deemed or construed to be an agency, department, instrumentality, political subdivision or other arm of the state.

§ 49-9-1404. Annual audit.

The operations of entities described in § 49-9-1402(a) shall be audited annually by an independent certified public accountant, and copies of the audit shall be furnished to the comptroller of the treasury. An entity described in § 49-9-1402(a) shall also be subject to audit by the comptroller of the treasury, but nothing in this section shall be construed to mean that the entity is an agency, department, instrumentality, political subdivision or other arm of the state.

§ 49-9-1405. Employment agreements.

Entities described in § 49-9-1402(a) may enter into agreements for the services of university employees and employees of other entities.

§ 49-9-1406. Debts and liabilities.

Debts, liabilities and other obligations of an entity described in § 49-9-1402(a) shall not constitute debts, liabilities or obligations of the state or the university.

§ 49-9-1407. Immunity applies.

Nothing contained in this part shall be deemed or construed to waive or abrogate in any way the sovereign immunity of the state, the university or any officer or employee of the state or university or to deprive any officer or employee of the state or university of any other immunity to which the officer or employee is otherwise entitled under state law.

§ 49-9-1408. Liberal construction.

This part shall constitute full and complete authority, without regard to any other law, for the doing of the acts and things authorized in this part and shall be liberally construed to effect its purposes. If this part is inconsistent with any other law, this part shall be controlling; provided, that §§ 4-15-102, 12-2-112, 12-2-114 and 12-2-115 shall apply to transactions between the university and entities described in § 49-9-1402(a); and provided, further, that nothing in this part shall be construed to amend, repeal or supersede the provisions of or the obligations of the state or the university's board of trustees under §§ 9-9-113(b) and 49-3-1206 or any agreements entered into by the board of trustees under § 49-3-1206.

§ 49-9-1409. Use of proceeds derived from sale or liquidation of institute property.

Notwithstanding any other law to the contrary, any proceeds derived from the sale or liquidation of gifts, properties, holdings, mineral rights or other assets of value from within the University of Tennessee Institute of Agriculture shall remain within the institute's budget and purview and used at the discretion of the institute's chief officer toward the accomplishment of the institute's teaching, research or statewide public service mission. At no time shall the proceeds of the sale of such properties used for research, demonstration or youth programs be used to fund the general operations of the university.

§ 49-9-1410. Feasibility study of statewide comprehensive energy policy.

1. (a) The Howard H. Baker Jr. Center for Public Policy at the University of Tennessee is directed to perform a study on the economic feasibility of creating and utilizing a statewide comprehensive energy policy. The study shall examine the state's current and future energy supply and demand needs, existing energy policies, and emerging energy challenges and opportunities. The objectives of the study shall include, but not be limited to the following:
  1. (1) Increasing the exploration and use of in-state or domestic energy resources;
  2. (2) Promoting job growth, energy production, energy use, and energy conservation in the state;
  3. (3) Ensuring reliable, low-cost environmentally responsible energy supply;
  4. (4) Gaining competitive advantages for Tennessee businesses and consumers in light of rising energy costs; and
  5. (5) Positioning the state as a leader in the United States and world energy markets.
2. (b) The study shall focus on incentives and policies that the state may utilize to promote and enhance the most cost efficient and effective statewide comprehensive energy policy. The study shall include legislative and executive policy recommendations.
3. (c) All appropriate state departments and agencies are encouraged to provide assistance for the study.
4. (d) State funds in the amount of forty thousand dollars ($40,000) shall be made available to support the feasibility study. The Howard H. Baker Jr. Center for Public Policy is authorized to establish public and private partnerships for the study. Any funds made available from private, county, municipal or federal appropriations shall be used to match state appropriations.
5. (e) The Howard H. Baker Jr. Center for Public Policy shall report its preliminary findings to the energy task force of the house of representatives no later than October 15, 2014. A final report shall be provided to the energy task force no later than December 15, 2014.
6. (f) The Sparks Bureau of Business and Economic Research (SBBER) at the University of Memphis shall work in partnership with the Howard H. Baker Jr. Center for Public Policy at the University of Tennessee in the creation of the statewide comprehensive energy policy pursuant to subsection (a).

Part 15 Collaboration with Oak Ridge National Laboratory

§ 49-9-1501. Purpose of part.

The purpose of this part is to accomplish the following:
1. (1) Foster economic growth by significantly increasing the number of science, technology, engineering and mathematics doctoral students produced at the University of Tennessee, Knoxville and other state universities;
2. (2) Accelerate the state's economic and workforce development efforts in the field of energy sciences and engineering;
3. (3) Support the continued development of clean energy technologies and jobs in Tennessee;
4. (4) Leverage for the purposes set forth herein the existing capabilities of the University of Tennessee, Knoxville and Oak Ridge National Laboratory;
5. (5) Elevate the status of the University of Tennessee, Knoxville as a top tier national research institution through expanded collaboration with the laboratory;
6. (6) Encourage and facilitate the development of an interdisciplinary program in energy science and engineering at the University of Tennessee, Knoxville that shall provide students an opportunity to undertake transformative research activities;
7. (7) Promote and develop support for collaborative research and development by interdisciplinary teams of University of Tennessee, Knoxville, and other state university faculties and the Oak Ridge National Laboratory in energy-related fields;
8. (8) Foster and promote research in science, technology, engineering and mathematics that encourages entrepreneurial opportunities in Tennessee; and
9. (9) Expand the number of University of Tennessee, Knoxville graduate students conducting their graduate research and education at the Oak Ridge National Laboratory working with laboratory scientific staff and using the unique facilities of the laboratory.

§ 49-9-1502. Establishment of academic unit in collaboration with the Oak Ridge National Laboratory.

(a) The University of Tennessee is authorized to establish an academic unit of the University of Tennessee, Knoxville for interdisciplinary research and education in collaboration with the Oak Ridge National Laboratory.
(b) The chancellor of the University of Tennessee, Knoxville and the director of the Oak Ridge National Laboratory are authorized to enter into an agreement concerning collaboration in interdisciplinary research and education designed to accomplish the purposes of this part. This agreement shall address matters including, but not limited to, the appointment and oversight of graduate students, the appointment of ORNL staff as faculty, and the development of interdisciplinary curricula between the two (2) institutions. Nothing in this part shall limit in any way the authority of the United States department of energy with regard to the ownership and operation of the Oak Ridge National Laboratory.
(c) Notwithstanding any law to the contrary, nothing in this part shall be deemed or construed to abrogate in any way the applicability of federal law relative to the Oak Ridge National Laboratory, its management and operation.

Part 16 Institute of American Civics

§ 49-9-1601. Establishment of an institute of American civics.

(a) There is established an institute of American civics at the University of Tennessee, Knoxville. The board of trustees for the University of Tennessee may rename the institute consistent with its philanthropic naming governance procedures.
(b) It is the purpose of the institute to:
1. (1) Foster a deeper understanding of the structures and institutions of federal, state, and local government;
2. (2) Further the understanding of the principles and philosophies that contributed to the foundation and development of the United States and the state of Tennessee;
3. (3) Promote civil discourse and constructive debate;
4. (4) Enhance education in the fields of politics, economics, philosophy, American history, American government, and other related fields as appropriate, with a focus on the rights and responsibilities of American citizenship; fundamental democratic principles; and the ways in which those principles are expressed in and through our federal, state, and local institutions;
5. (5) Provide nonpartisan resources to students, faculty, state government agencies, educators, and the general public regarding civic affairs;
6. (6) Foster civic engagement through full and fair discussions that promote civil dialogue among those holding conflicting points of view; and
7. (7) Assist in ensuring that the University of Tennessee serves as a robust marketplace of ideas for all students and faculty.
(c) In order to carry out the purposes set forth in subsection (b), the institute is authorized to:
1. (1) Hire faculty and staff;
2. (2) Enroll students;
3. (3) Develop and offer courses in new undergraduate major and minor programs;
4. (4) Offer general education and honors courses;
5. (5) Provide and facilitate internships and other relevant experiences for students and the general public;
6. (6) Hold events; and
7. (7) Take other actions as appropriate, subject to the supervision of the chancellor of the University of Tennessee, Knoxville and the general supervision of the president of the University of Tennessee system.
(d) Upon its establishment, the institute may be physically housed in the Howard H. Baker, Jr. Center on the campus of the University of Tennessee, Knoxville.
(e) The institute shall operate as an academic unit within the University of Tennessee, Knoxville.
(f) The institute shall provide programming addressing American civics and related topics for the University of Tennessee system.

§ 49-9-1602. Board of fellows.

(a) The president of the University of Tennessee, in consultation with the governor, the speaker of the senate, and the speaker of the house of representatives, shall appoint initial members to serve on a board of fellows for the institute. Members of the initial board of fellows must be appointed by September 1, 2022.
(b) The board of fellows must consist of thirteen (13) members, of which:
1. (1) At least nine (9) members must be, or have been, tenured professors or administrators or professors of practice at an institution of higher education in the United States;
2. (2) Two (2) members must be distinguished former elected or appointed officials in the United States, and, while serving in their former elected or appointed position, must have been affiliated with different political parties; and
3. (3) Two (2) members must be members of the board of the Howard H. Baker, Jr. Center for Public Policy at the University of Tennessee, Knoxville. If a member appointed under this subdivision (b)(3) vacates the member's position on the board of the Howard H. Baker, Jr. Center for Public Policy, then the member vacates the member's position on the board of fellows and must be replaced by the president of the University of Tennessee.
(c) In order to establish staggered terms for members of the board, four (4) of the initial members must be appointed to serve a term of two (2) years; four (4) of the initial members must be appointed to serve a term of four (4) years; and five (5) of the initial members must be appointed to serve a term of six (6) years. After the initial appointments expire, the term for each member of the board appointed to succeed an initial member of the board of fellows is six (6) years. Board members may continue to serve on the board after their term expires, but only until a new member is appointed to replace the board member. Board members may be reappointed to multiple terms.
(d) The president of the University of Tennessee may remove a member from the board of fellows for misconduct or neglect of duty.
(e) Except as provided in subdivision (b)(3), when a member's term expires or when a vacancy on the board arises, the board of fellows shall, with the approval of the president of the University of Tennessee, and in consultation with the governor, the speaker of the senate, and the speaker of the house of representatives, appoint a new member to serve on the board. If the board appoints a new member to fill a vacancy, then the new member serves for the remainder of the unexpired term.
(f) The president of the University of Tennessee shall designate a member of the board of fellows to serve as the chair for a term of two (2) years. At the expiration of the chair's term, the president of the University of Tennessee shall appoint another member to serve as chair. There is no limitation on the number of terms a chair may serve. If the chair resigns from the position of chair, or resigns from the board of fellows, then the president of the University of Tennessee may designate another member to serve the remainder of the former chair's two-year term.
(g) The board of fellows shall advise the director appointed pursuant to § 49-9-1603 on matters related to the institute, including, but not limited to, staffing, curriculum, policy, and programming, in accordance with the policies and procedures of the University of Tennessee. The director retains final discretion as to all such decisions for the institute, in accordance with the policies and procedures of the University of Tennessee.

§ 49-9-1603. Director — Faculty and staff.

(a) By March 1, 2023, the board of fellows, or a committee of the board selected by the board, shall conduct a national search and transmit to the chancellor of the University of Tennessee, Knoxville a list of finalists for the position of director. The chancellor of the University of Tennessee, Knoxville shall provide all necessary administrative support for the search. The chancellor of the University of Tennessee, Knoxville shall appoint the director from the list of finalists provided by the board of fellows. If the position of director becomes vacant, then the same process must be followed to appoint a new director. During the period beginning when the position of director becomes vacant and when a new director is appointed, the chancellor of the University of Tennessee, Knoxville may designate a member of the institute's faculty to serve as acting director. The chancellor of the University of Tennessee, Knoxville may remove the director in accordance with the policies and procedures of the University of Tennessee.
(b) The director shall report to the chancellor of the University of Tennessee, Knoxville.
(c) Except for the appointment of the director as provided in subsection (a), the director shall make all faculty and staff hiring decisions. The director shall operate the institute in accordance with the policies and procedures of the University of Tennessee.
(d) Faculty of the institute may be awarded tenure subject to the tenure policies of the University of Tennessee as adopted by the board of trustees, and shall not be required to gain joint appointment in another division of the University of Tennessee.
(e) By September 1, 2023, and by each September 1 thereafter, the director shall develop and provide an annual strategic plan for the institute to the chancellor of the University of Tennessee, Knoxville; the president of the University of Tennessee system; and the board of fellows.

1 Backlink

49-9-1602(g)

§ 49-9-1604. Use of funds.

Funds appropriated to the institute shall not supplant any existing state funding or private or external donations to the Howard H. Baker, Jr. Center for Public Policy or to the University of Tennessee. Appropriated funds and all private and external donations to the institute may only be used for the direct operation of the institute.

§ 49-9-1605. Annual report.

(a) By October 1, 2023, and by each October 1 thereafter, the president of the University of Tennessee shall, in consultation with the director of the institute, the board of fellows, and the chancellor of the University of Tennessee, Knoxville, submit an annual report to the governor, the speaker of the senate, the speaker of the house of representatives, and the chairs of the finance committees of the senate and house of representatives.
(b) The report must include:
1. (1) The total amount of funding received by the institute in the previous year;
2. (2) A description of current faculty positions and the names and qualifications of the faculty members currently holding such positions;
3. (3) The names and titles of the members of the board of fellows;
4. (4) The total undergraduate and graduate student enrollment of the institute;
5. (5) A description of the courses and degrees offered by the institute;
6. (6) A description of significant community events, initiatives, and publications provided by the institute during the previous year;
7. (7) A description of programs at the University of Tennessee supported by the institute; and
8. (8) A copy of the institute's most recently issued strategic plan.

Chapter 10 Special Education

Part 1 General Provisions

§ 49-10-101. Legislative intent — Application of parts 1-6.

(a)
1. (1) It is the policy of this state to provide, and to require school districts to provide, as an integral part of free public education, special education services sufficient to meet the needs and maximize the capabilities of children with disabilities.
2. (2) The timely implementation of this policy to the end that all children with disabilities actually receive the special education services necessary to their proper development is declared to be an integral part of the policy of this state.
(b) This section applies to all children with disabilities regardless of the schools, institutions or programs by which those children are served.
(c) The state board of education is authorized to adopt rules and regulations to effectuate this chapter. The rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

§ 49-10-102. Chapter definitions.

As used in this chapter:
1. (1) “Child with a disability” means a child between three (3) and twenty-one (21) years of age, both inclusive, who has been evaluated and determined as having a state-identified disability in accordance with the rules and regulations of the state board of education or as having one (1) or more of the following disabilities, as defined in 34 C.F.R. § 300.8: an intellectual disability; a hearing impairment, including deafness; a speech or language impairment; a visual impairment, including blindness; emotional disturbance; an orthopedic impairment; autism; traumatic brain injury; other health impairment; a specific learning disability; developmental delay; deaf-blindness; or multiple disabilities, and who, by reason thereof, needs special education and related services. Any child with a disability who turns twenty-two (22) years of age between the commencement of the school year and the conclusion of the school year continues to be a child with a disability for the remainder of that school year;
2. (2) “Department” means the department of education;
3. (3) “FAPE” means a free appropriate public education in compliance with the IDEA;
4. (4) “IDEA” means the Individuals with Disabilities Education Act (20 U.S.C. § 1400 et seq.);
5. (5) “Individualized education program team” or “IEP team” means a group of individuals described in 34 C.F.R. § 300.321 that is responsible for developing, reviewing, or revising an individualized education program (IEP) for a child with a disability;
6. (6) “LEA” means a local education agency;
7. (7) “Related services” means:
  1. (A) Transportation and such developmental, corrective, and other supportive services required to assist a child with a disability to benefit from special education, including speech-language pathology and audiology services; interpreting services; psychological services; physical and occupational therapy; transition services, including job placement; recreation, including therapeutic recreation; early identification and assessment of disabilities in children; counseling services, including rehabilitation counseling with a focus on career development, employment preparation, achieving independence, and integration in the workplace and community of a child with a disability; orientation and mobility services; and medical services for diagnostic or evaluation purposes;
  2. (B) School health services and school nurse services, social work services in schools, and parent counseling and training; or
  3. (C) Other services that may be approved by the state board of education; and
8. (8) “Special education” means specially designed instruction, at no cost to the parents, to meet the unique needs of a child with a disability, including instruction conducted in the classroom, home, hospitals, institutions, and other settings, and instruction in physical education.

12 Backlinks

§ 49-10-103. Entitlement to FAPE — Responsibilities of LEA — Education in least restrictive environment.

(a) Every child with a disability is entitled to a FAPE.
(b) Each LEA is responsible for ensuring that every child with a disability receives special education and related services designed to meet the child's unique needs.
(c) A child with a disability must be educated in the least restrictive environment. Special classes, separate schooling, or other removals of a child with a disability from the regular educational environment must occur only when, and to the extent that, the student's IEP team determines that the nature or severity of the child's disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily. To the maximum extent appropriate, a child with a disability must be educated alongside the child's typically-developing peers.

§ 49-10-104. Division of special education.

(a) There is established in the department of education a division of special education.
(b) The division shall be headed by an assistant commissioner, who shall be qualified by education, training and experience to take responsibility for, and give direction to, the programs of the department relating to children with disabilities.
(c)
1. (1) The assistant commissioner who heads the division shall be appointed by the commissioner.
2. (2) Recommendations of individuals deemed qualified for this position may be made by the advisory council for the education of students with disabilities described in § 49-10-105.
(d) The department shall enforce the IDEA and the state's special education laws.

§ 49-10-105. Advisory council for the education of students with disabilities.

(a) There shall be an advisory council for the education of students with disabilities, which shall advise and consult with the governor, the commissioner of education, the state board of education and the director of the division of special education and which shall engage in such other activities as are set forth in this part.
(b)
1. (1) The majority of the advisory council shall be individuals with disabilities or parents of children with disabilities. The advisory council shall be composed of a maximum of twenty-five (25) members, including:
  1. (A) Parents of children with disabilities, individuals with disabilities, teachers, and representatives of institutions of higher education that prepare special education and related services personnel;
  2. (B) State and local education officials, administrators of programs for children with disabilities, representatives of other state agencies involved in the financing or delivery of related services to children with disabilities, representatives of private schools and representatives of public charter schools, if any;
  3. (C) At least one (1) representative of a vocational, community or business organization concerned with the provision of transition services to children with disabilities; and
  4. (D) Representatives from the state juvenile and adult corrections agencies.
2. (2) The governor shall appoint the members of the advisory council for three-year terms. In making appointments to the advisory council, the governor shall strive to ensure that at least one (1) person serving on the council is sixty (60) years of age or older and that at least one (1) person serving on the council is a member of a racial minority.
3. (3) Vacancies shall be filled for the unexpired term in the same manner as original appointments.
4. (4) The advisory council shall be composed of persons broadly representative of community organizations interested in the disabled, professions related to the educational needs of the disabled and the general public.
(c)
1. (1) The advisory council annually shall elect its own chair and vice chair.
2. (2) The director of the division of special education shall meet with and act as secretary to the advisory council and, within available personnel and appropriations, shall furnish meeting facilities and staff services for the advisory council.
(d)
1. (1) The department shall regularly submit, as part of its budget requests, an item or items sufficient to cover expenses of the operation of the advisory council and of its members in connection with their attendance at meetings of the advisory council and other advisory council activities.
2. (2) All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
(e) The council shall:
1. (1) Have an opportunity to comment on rules and regulations proposed for issuance pursuant to parts 1-6 of this chapter;
2. (2) Consider any problems presented to it by the governor, the commissioner, the state board of education or the director of the division of special education and give advice on the problems;
3. (3) Review the state plan prepared pursuant to part 3 of this chapter prior to its submission to the governor and general assembly and comment on the plan to the governor, the commissioner, the state board of education and the director; and
4. (4) Make an annual report to the governor, the general assembly and the state board of education, which report shall be available to the general public and shall present its views of the progress or lack of progress made in special education by the state, its agencies and institutions and its school districts during the preceding year.

3 Backlinks

§ 49-10-106. Adoption of standards or qualifications for teachers and other personnel — Adoption of evaluation procedures and eligibility criteria for children with disabilities — Cooperation.

The state board of education, in consultation with the department of education, is authorized to take necessary action in the area of special education to:
1. (1) Adopt standards or qualifications for teachers and other personnel providing instruction or other educational services to children with disabilities;
2. (2) Adopt the evaluation procedures and eligibility criteria for children with disabilities; and
3. (3) Cooperate with other state agencies, organizations, and institutions that are concerned with the health, education, and welfare of children with disabilities.

§ 49-10-107. Contracts between LEAs to provide services for children with disabilities.

(a) Nothing in this chapter prevents an LEA from providing special education or related services for children with disabilities by contracting with another LEA to provide services for children with disabilities from the other LEA.
(b) The LEA in which the child is enrolled shall continue to be responsible for ensuring that the child receives special education and related services in accordance with the IDEA and nothing in this chapter relieves the LEA from having to comply with the requirements of this chapter.
(c) Agreements or contracts made pursuant to subsection (a) must be in writing and may include the provision of special education and related services, payment of reasonable costs of providing special education and related services, or other related costs.
(d) Any child provided special education or related services through an agreement made pursuant to subsection (a), and any parent or legal guardian of the child, retain all civil and other rights that the child would have if receiving special education or related services in the LEA where the child is enrolled. Any agreement or contract made pursuant to subsection (a) must contain a provision to that effect.

§ 49-10-108. Identification, location, and evaluation of children with disabilities.

(a) Every LEA shall identify, locate, and evaluate all children with disabilities, or who are suspected of having a disability, within its boundaries, ages three (3) through twenty-one (21), both inclusive, who need special education and related services, including all children with disabilities who are enrolled by their parents in private schools located within the boundaries of the LEA.
(b) A parent or legal guardian may request the LEA to conduct a full and individualized evaluation of the parent's or legal guardian's child to determine if the child has a disability and is eligible for special education services.
(c) The identification, location, and evaluation of children with disabilities must be conducted in accordance with the IDEA, the state's special education laws, and the state board of education's rules.

1 Backlink

49-3-104(23)

§ 49-10-109. Withholding of TISA funding for special education.

(a)
1. (1) If an LEA is found by the commissioner of education to have failed to provide a FAPE to all children with disabilities who by law are entitled to receive a FAPE from the LEA, then the commissioner may withhold all or any portion of the Tennessee investment in student achievement formula (TISA) funding for the LEA as, in the commissioner's judgment, is warranted.
2. (2) The denial of TISA funding under subdivision (a)(1) may continue until the failure to provide the required special education or related services is remedied.
3. (3) Whether or not the commissioner elects to withhold TISA funding pursuant to subdivision (a)(1), the commissioner shall ensure the provision of a FAPE, and may do so by providing the education directly.
(b) The commissioner shall not take action pursuant to subsection (a) until after providing a public hearing with due notice and preserved on a record that establishes the failure of the LEA to provide special education or related services of an adequate quantity and quality.
(c) Any costs incurred by the department in administering this section are direct charges against the LEA and must be paid by the LEA. If an LEA fails to make timely payment, then the department may make the payment and obtain reimbursement from the LEA through the appropriate judicial proceedings.
(d)
1. (1) When the commissioner is providing special education or related services pursuant to this section, it is the commissioner's purpose to assist the LEA in assuming or reassuming the LEA's full responsibilities for providing education for children with disabilities.
2. (2) No TISA funding for special education shall be given to an LEA during, or for, any period for which the LEA's provision of special education is being administered directly by the commissioner on behalf of the LEA pursuant to this section.
3. (3) The commissioner shall return responsibility for providing a FAPE to the LEA as soon as the commissioner finds that the LEA is willing and able to fulfill its responsibilities pursuant to law.

§ 49-10-110. [Repealed]

§ 49-10-111. [Repealed]

§ 49-10-112. [Repealed]

§ 49-10-113. Special education funds from state — Process for LEAs to request reimbursement for high-cost children with disabilities.

(a) The state shall provide special education funds from the Tennessee investment in student achievement formula (TISA), in accordance with title 49, chapter 3, to LEAs and other entities entitled by the laws of this state to receive the funds for providing special education and related services to children with disabilities.
(b)
1. (1) Subject to the availability of federal funds, the department shall establish a process for LEAs to request reimbursement for high-cost children with disabilities.
2. (2) An LEA shall include qualifying services provided to children with disabilities in each public school in the LEA, including charter schools authorized by the LEA, in the LEA's annual request for high-cost reimbursement.
3. (3) An LEA shall provide to charter schools authorized by the LEA applicable high-cost reimbursement funds received by the LEA for any qualifying special education expenditures incurred directly by the charter school.

1 Backlink

49-6-2114(b)(1)

§ 49-10-114. Individualized education programs for children with disabilities.

(a) Special education and related services must be determined by the child's individualized education program (IEP) team based on the individual needs of the child.
(b) Except when a written explanation to the contrary is included, the IEP of a child with a disability must include:
1. (1) Pre-vocational assessments for students in kindergarten through grade six (K-6), inclusive, or students of comparable chronological age; and
2. (2) Age-appropriate transition assessments to include, at a minimum, education, training, and employment for students age fourteen (14) and older.

§ 49-10-115. Annual submission of information by LEAs — Annual report by department of education.

(a) Each LEA shall annually submit to the department, at a minimum, the following information in accordance with the department's guidelines:
1. (1) A census of children with disabilities showing the total number and distribution of children within the LEA's jurisdiction who are provided special education and related services;
2. (2) An assurance that IDEA funds will be used to supplement, and not to supplant, state and local funds, and will be expended only for the excess cost of providing special education and related services to children with disabilities;
3. (3) An assurance that, to the maximum extent appropriate, children with disabilities are educated with children without disabilities;
4. (4) A detailed budget and end of the year report of expenditures of all funds available to provide special education and related services; and
5. (5) An assurance that a FAPE is available to all children with disabilities between the ages of three (3) and twenty-one (21), inclusive, including children who reach twenty-two (22) years of age during the school year and children who have been suspended or expelled for more than ten (10) school days in a school year.
(b) The department shall annually report on the department's website, at a minimum, the following information:
1. (1) The number and percentage of children with disabilities in this state;
2. (2) The number and percentage of children with disabilities, disaggregated by disability category;
3. (3) The participation and performance of children with disabilities on state assessments; and
4. (4) Other performance indicators for children with disabilities.
(c) The report created by the department of education pursuant to this section must exclude any personally identifiable information and must be created in accordance with the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g), § 10-7-504, and any other relevant state or federal privacy law.

§ 49-10-116. Adoption of rules and regulations permitting LEAs or charter schools to form special education cooperatives.

(a) The department shall develop, and the state board of education shall adopt, rules and regulations permitting LEAs or charter schools to form special education cooperatives to provide special education and related services to children with disabilities within the boundaries of LEAs or charter schools participating in such a cooperative.
(b) The rules developed under this section must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, and must include, at a minimum:
1. (1) The process for establishing a cooperative;
2. (2) Requirements for approval and monitoring of cooperatives;
3. (3) Requirements for a written agreement between the parties participating in the cooperative;
4. (4) Governance of the cooperative;
5. (5) The manner of financing the cooperative;
6. (6) Staffing requirements of the cooperative;
7. (7) Specific procedures for the withdrawal of member LEAs or charter schools from the cooperative; and
8. (8) Specific procedures for the termination of a cooperative.
(c) A child receiving special education or related services through a special education cooperative remains the responsibility of the LEA in which the child is enrolled, and nothing in this section relieves the LEA from having to comply with the requirements of this chapter.

Part 2 Special Education Services Associations [Repealed]

§ 49-10-201. [Repealed]

§ 49-10-202. [Repealed]

§ 49-10-203. [Repealed]

§ 49-10-204. [Repealed]

§ 49-10-205. [Repealed]

§ 49-10-206. [Repealed]

§ 49-10-207. [Repealed]

§ 49-10-208. [Repealed]

§ 49-10-209. [Repealed]

Part 3 Special Education Services Planning [Repealed]

§ 49-10-301. [Repealed]

§ 49-10-302. [Repealed]

§ 49-10-303. [Repealed]

§ 49-10-304. [Repealed]

§ 49-10-305. [Repealed]

§ 49-10-306. [Repealed]

Part 4 Special Education Materials and Training Unit [Repealed]

§ 49-10-401. [Repealed]

§ 49-10-402. [Repealed]

§ 49-10-403. [Repealed]

§ 49-10-404. [Repealed]

§ 49-10-405. [Repealed]

§ 49-10-406. [Repealed]

Part 5 Special Education Resources Centers [Repealed]

§ 49-10-501. [Repealed]

Part 6 Rights of Children and Parents

§ 49-10-601. Procedural safeguards.

(a) The department shall establish, maintain, and implement procedural safeguards that meet the requirements of the IDEA related to the following:
1. (1) Independent educational evaluations;
2. (2) Prior written notice;
3. (3) Parental consent;
4. (4) Access to and confidentiality of education records;
5. (5) State complaint and dispute resolution procedures and forms;
6. (6) The availability of mediation;
7. (7) Procedures when disciplining children with disabilities;
8. (8) Requirements for unilateral placement by parents of children in private schools at public expense;
9. (9) Advocacy services; and
10. (10) Free and low cost legal services.
(b) A copy of the procedural safeguards must be made available to the parents of a child with a disability one (1) time each school year; provided, however, that a copy must also be provided:
1. (1) Upon initial referral or parent request for evaluation;
2. (2) Upon receipt of the first state or due process complaint in a school year;
3. (3) On the date on which the decision is made to make a removal that constitutes a change of placement of a child with a disability because of a violation of a code of student conduct; and
4. (4) Upon request by a parent.
(c) The department shall maintain a current copy of the procedural safeguards on its website.

§ 49-10-602. No limitation on right of enforcement by child's parent or guardian — No delay in provision of services.

Nothing in this chapter limits any right that any child or the child's parent or guardian may have to enforce the provision of any regular or special educational service. LEAs shall not delay the provision of education or related services to which a child is entitled.

§ 49-10-603. [Repealed]

§ 49-10-604. Investigation of complaints — Administrative complaint process.

The department of education shall promptly investigate complaints alleging violations of the IDEA and the state's special education laws in the following manner:
1. (1) The department shall make a complaint form available on the department's website. The department shall also supply any individual with a written copy of the complaint form via the United States postal service upon request. The department shall facilitate the submission of complaint forms via the internet. If a complaint is filed via the internet, then the complaint is deemed to be signed so long as the name of the filer is indicated in the complaint. Anonymous complaints cannot be accepted for investigative purposes;
2. (2) The department shall notify an LEA of a complaint filed against the LEA within five (5) calendar days of receiving the compliant. The notification must require the LEA to respond to the allegations contained in the complaint and to provide the department with any additional information requested by the department. The LEA must provide its response to the department no later than fifteen (15) calendar days from the date of the notification, unless an extension is granted by the department;
3. (3) If the department determines that the LEA has committed a violation of state or federal special education laws or rules, then the department shall issue, within ten (10) calendar days, the department's findings that confirm the violation to the LEA and the person making the complaint. The written findings must require the LEA to take all corrective action required by the department that are contained in the written findings, which may include providing compensatory education if deemed appropriate by the department;
4. (4) The department shall require an LEA that has committed a violation of applicable law or rule to correct the violation within ten (10) calendar days, unless an extension is granted by the department;
5. (5) Any LEA receiving notice from the department that measures are required to correct a violation of applicable law or rule shall provide written notice of the completion of the corrective measures to the department and to the person making the complaint. The department shall determine whether the measures taken by the LEA resulted in compliance with the applicable law or rule, or both. The department shall provide written notice to the LEA of the department's determination within ten (10) calendar days; and
6. (6) Within thirty (30) calendar days after closing the investigation, the department shall publish all violations and determinations confirmed by the department on the department's official website. The publication must include the name of the LEA, a description of the violation, a citation of the law or rule determined to have been violated, the corrective measures proposed by the LEA, and the final determination of the department. The department shall publish confirmed violations and determinations in a manner that protects the identity of the student.

§ 49-10-605. Mediation process.

(a) The department shall ensure that procedures are established and implemented to allow parties to resolve a dispute on matters related to a proposal or a refusal to initiate or change the identification, evaluation, or educational placement of a child with a disability, or the provision of a FAPE to the child, through a mediation process.
(b) In addition to the requirements set forth in the IDEA, the procedures must ensure that the mediation process:
1. (1) Is voluntary on the part of the parties;
2. (2) Is not used to deny or delay a parent's right to a due process hearing or to deny any other rights afforded under state or federal law; and
3. (3) Is conducted by a qualified and impartial mediator who is trained in effective mediation techniques.
(c) All special education mediations shall be conducted by mediators who have been trained in accordance with Tennessee Supreme Court Rule 31 requirements and who are employed by or contracted by the secretary of state.
(d) The mediators who conduct special education mediations shall receive legal training in special education law.
(e) All parties shall participate in mediation in good faith.

§ 49-10-606. Conducting special education due process cases.

(a) Special education due process cases shall be heard by administrative law judges employed by the secretary of state. In addition, the secretary of state may contract with no more than three (3) administrative law judges who are currently serving under an appointment by the department of education to hear special education due process cases, to serve as part-time administrative law judges to hear special education due process cases. Administrative law judges shall have jurisdiction to hear complaints arising under the federal Individuals with Disabilities Education Act (20 U.S.C. § 1400 et seq.), and state special education laws.
(b) The administrative law judges assigned to hear special education due process cases shall receive training in special education law to comport with the requirements of 20 U.S.C. § 1415. Before hearing any special education due process cases, an administrative law judge shall receive intensive training in special education law. After receipt of this initial training, all administrative law judges hearing special education due process appeals shall undergo annual training in special education law.
(c) All training in special education law for the administrative law judges provided for in this part must be approved by the administrative office of the courts in consultation with the department of education. The training must be paid for by the department of education.
(d) The LEA shall provide a photocopy of all of the education records of the student in question within its control according to orders issued by the administrative law judges, but in no case later than ten (10) school days following the failure to resolve the dispute following the federal resolution process or mediation between the parties.
(e) Final orders in special education cases shall include detailed findings of fact and conclusions of law. The findings of fact shall include a determination by the administrative law judge regarding meaningful participation by the parent in the development of the individualized education plan (IEP) for the student.
(f) Final orders include a determination of prevailing party status on an issue by issue basis.
(g) Administrative law judges shall provide a written final order signed by the judge. Final orders shall also be provided on electronic data disc or via electronic mail at the request of any party.
(h) An administrative law judge shall render a decision within the timelines established by federal law, unless the parties request an extension of time to attempt mediation or in the event of extraordinary circumstances determined acceptable by the administrative law judge.
(i) All decisions regarding special education due process hearings shall be published on the official state website of the department of education. All student identifying information shall be excised from the publication.

1 Backlink

4-5-322(b)(1)(B)(ii)

§ 49-10-607. [Repealed]

§ 49-10-608. [Reserved.]

§ 49-10-609. [Repealed]

§ 49-10-610. [Repealed]

Part 7 Early Intervention Program

§ 49-10-701. [Repealed]

§ 49-10-702. Statewide early intervention program for infants and toddlers with disabilities and their families.

(a) The state shall establish and implement a statewide early intervention system to ensure that all infants and toddlers in the state, from birth through two (2) years of age, inclusive, with disabilities who may have a developmental delay or a diagnosed disability are identified and evaluated.
(b) The early intervention system established under subsection (a) shall be a system of coordinated, comprehensive, and multidisciplinary interagency programs for infants and toddlers with developmental delays or disabilities and their families and must include all components prescribed by the IDEA.

Part 8 Services for Blind Persons [Repealed]

§ 49-10-801. [Repealed]

§ 49-10-802. [Repealed]

§ 49-10-803. [Repealed]

§ 49-10-804. [Repealed]

§ 49-10-805. [Repealed]

§ 49-10-806. [Repealed]

§ 49-10-807. [Repealed]

§ 49-10-808. [Repealed]

§ 49-10-809. [Repealed]

Part 9 Services for Deaf Persons [Repealed]

§ 49-10-901. [Repealed]

§ 49-10-902. [Repealed]

§ 49-10-903. [Repealed]

Part 10 Children With Multiple Disabilities

§ 49-10-1001. [Repealed]

Part 11 Homebound Instruction for Students

§ 49-10-1101. Establishment of program.

(a) Each LEA shall establish a program of homebound instruction for each student who qualifies. A student qualifies for homebound instruction if the student's treating physician certifies in writing that the student has a medical condition that prevents the student from attending regular classes.
(b) If a student qualifies for homebound instruction, then the student's LEA shall offer the student homebound instruction for a minimum of three (3) hours per week. The LEA shall determine how long the student may receive homebound instruction on a case-by-case basis and shall take into consideration the recommendations of the student's treating physician.
(c) If, at the conclusion of any period of homebound instruction, the student's treating physician recertifies in writing that the student's medical condition continues to prevent the student from returning to regular classes, then the LEA shall continue to offer the student three (3) hours of homebound instruction per week, subject to periodic recertification as required by the LEA.

1 Backlink

37-3-521(c)(1)

§ 49-10-1102. [Repealed]

§ 49-10-1103. Rules and regulations.

The department of education shall promulgate, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, rules as are necessary to ensure that this part is implemented in an efficient and effective manner.

§ 49-10-1104. [Repealed]

Part 12 Pilot Program for African-American Males [Repealed]

§ 49-10-1201. [Repealed]

§ 49-10-1202. [Repealed]

§ 49-10-1203. [Repealed]

Part 13 Special Education Behavioral Supports Act

§ 49-10-1301. Short title.

This part shall be known and may be cited as the “Special Education Behavioral Supports Act.”

§ 49-10-1302. Purpose of part.

The purposes of this part are:
1. (1) To ensure that every student receiving special education services is free from the unreasonable, unsafe and unwarranted uses of isolation and restraint practices;
2. (2) To encourage the use of positive behavioral interventions and support methods in schools;
3. (3) To develop properly trained staff in order to promote positive behavioral supports that reduce dependence on isolation and restraint practices; and
4. (4) To ensure that teachers of students receiving special education services are properly trained to protect the student, teacher and others from physical harm, if isolation or restraint is necessary.

§ 49-10-1303. Part definitions.

For the purposes of this part, unless the context otherwise requires:
1. (1) “Behavior intervention training program” means a training program in evidence-based positive behavioral supports, evidence-based crisis intervention, and evidence-based techniques for the safe use of isolation and restraint;
2. (2) “Chemical restraint” means a medication that is prescribed to restrict a student's freedom of movement for the control of extreme violent physical behavior. Chemical restraints are medications used in addition to, or in replacement of, a student's regular drug regimen to control extreme violent physical behavior. The medications that comprise the student's regular medical regimen, including PRN medications, are not considered chemical restraints, even if their purpose is to treat ongoing behavioral symptoms;
3. (3) “Emergency situation” means that a student's behavior poses a threat to the physical safety of the student or others nearby;
4. (4) “Isolation” or “seclusion”:
  1. (A) Means the confinement of a student alone, with no other students, staff, or persons present, in a room with or without a door or other enclosed area or structure pursuant to § 49-10-1305(g) where the student is physically prevented from leaving because a door, object, or school personnel is blocking the student's exit; and
  2. (B) Does not include time-out, a behavior management procedure in which the opportunity for positive reinforcement is withheld, contingent upon the demonstration of undesired behavior; provided, that time-out may involve the voluntary separation of a student receiving special education services from others;
5. (5) “Isolation room” means any space, structure, or area pursuant to § 49-10-1305(g) used to isolate a student;
6. (6) “Mechanical restraint” means the application of a mechanical device, material or equipment attached or adjacent to the student's body, including ambulatory restraints, which the student cannot easily remove and that restrict freedom of movement or normal access to the student's body. Mechanical restraint does not include:
  1. (A) The use of restraints for medical immobilization, adaptive support, or medical protection; or
  2. (B) The use of a seat belt or other device, including, but not limited to, a belting system or harness, to secure a child with a disability during transit on a bus or vehicle operated by an LEA or a provider contracted to serve the LEA's transportation needs;
7. (7) “Noxious substance” means the use of any defense spray or substance as defined by departmental rule;
8. (8) “Physical holding restraint” means the use of body contact by school personnel with a student to restrict freedom of movement or normal access to the student's body, except for:
  1. (A) The holding of a student by an adult in order to calm or comfort the student in the absence of an emergency;
  2. (B) Contact necessary to physically escort a student from one area to another in the absence of an emergency;
  3. (C) Assisting a student in completing a task or response if the student does not resist or if the resistance is of minimal intensity or duration;
  4. (D) Physically redirecting a student if the student does not resist or if the resistance is of minimal intensity or duration; or
  5. (E) School personnel blocking a student's exit or elopement by physically placing themselves in front of the student;
9. (9) “Positive behavioral supports” means a systematic approach using evidence-based practices to improve school environments, and to prevent and respond to problem behavior that:
  1. (A) Is proactive and instructional, rather than reactive and punitive;
  2. (B) Operates on the following three (3) levels:
    1. (i) Individual;
    2. (ii) Group or classroom; and
    3. (iii) The whole school;
  3. (C) Includes a system of continual data collection;
  4. (D) Utilizes data-based decision-making;
  5. (E) Applies research-validated positive behavioral interventions; and
  6. (F) Improves academic and social outcomes for all students, including those with the most complex and intensive behavioral needs;
10. (10) “Restraint” means a chemical restraint, mechanical restraint, or physical holding restraint; and
11. (11) “School personnel” means an individual employed on a full-time or part-time basis by a public school.

§ 49-10-1304. Isolation or restraint of student — Reports and record.

(a) For a student receiving special education services, as defined by § 49-10-102, isolation or a physical holding restraint may only be used in emergency situations.
(b) Individualized education programs that provide for the use of isolation or a physical holding restraint for certain behavior must contain a data driven functional behavior assessment and a plan for modification of the behavior developed and implemented by a qualified team of professionals.
(c) In the event that a physical holding restraint or isolation is imposed on a student, it shall be imposed by:
1. (1) School personnel who have been trained and certified for completing a behavior intervention training program; or
2. (2) Other school personnel when trained and certified personnel are not immediately available.
(d) If school personnel impose isolation or restraint, then the school shall immediately contact appropriate school personnel who are designated under department rules to authorize the isolation or restraint. The school personnel authorized by the department's rules to authorize isolation or restraint must observe and evaluate the student's condition within a reasonable time after the isolation or restraint was used. The school principal, or the school principal's designee, shall notify the student's parent or guardian orally or by written or printed communication on the same day the isolation or restraint was used. The school principal, or the school principal's designee, shall be held harmless for failing to notify a student's parent or guardian in compliance with this subsection (d) if the school principal, or the school principal's designee, made a reasonable effort to notify the student's parent or guardian.
(e) An individualized education plan (IEP) team meeting must be convened within ten (10) days of the use of a restraint if:
1. (1) The student's IEP does not provide for the use of a physical holding restraint generally, or for the behavior that precipitated the use of the restraint; or
2. (2) A physical holding restraint is used for an extended period of time, as determined by the state board of education.
(f) An IEP team meeting must be convened within ten (10) days of the use of an isolation if:
1. (1) The student's IEP does not provide for the use of an isolation generally, or for the behavior that precipitated the use of the isolation; or
2. (2) An isolation is used for an extended period of time, as determined by the state board of education.
(g) If the behavior that precipitated the isolation or restraint also warrants a change of placement, then the student must have all rights provided to the student under applicable state and federal law.
(h)
1. (1) School personnel may report a suspected crime by calling a law enforcement official.
2. (2) School personnel may file a juvenile petition against a student receiving special education services, but only after a manifestation determination review is conducted in compliance with the requirements of 34 C.F.R. § 300.530, and that results in a determination that:
  1. (A) The conduct in question was not caused by, and did not have a direct and substantial relationship to, the student's disability; and
  2. (B) The conduct in question was not the direct result of the LEA's failure to implement the student's IEP.
  1 Backlink
  - 37-1-120(e)
3. (3) A school resource officer, as defined in § 49-6-4202, may, upon witnessing an offense, take the student into custody.
(i)
1. (1) School personnel who must isolate or restrain a student receiving special education services, as defined by § 49-10-102, shall report the incident to the school principal or the principal's designee. The LEA shall create a record of the use of the isolation or restraint and the facts surrounding such use. The state board of education shall promulgate rules that mandate a standard reporting format to be used by LEAs.
2. (2) Whenever possible, an additional school staff member should serve as an observer to any physical holding restraint performed on a student to monitor the health and safety of all involved. School personnel shall maintain a continuous direct line of sight to a student who is in isolation to monitor the health and well-being of the student.
(j) To the extent possible within the local education agency's funds, the local board of education should address § 49-6-3004(c)(1) by incorporating the following components into its behavior intervention training program:
1. (1) Training in evidence-based techniques shown to be effective in the prevention of isolation and physical holding restraints;
2. (2) Training in evidence-based techniques shown to be effective in keeping both school personnel and students safe when imposing a physical holding restraint or isolation;
3. (3) Evidence-based skills training on positive behavioral interventions and supports, conflict prevention, functional behavior assessments, de-escalation, and conflict management;
4. (4) Information describing state statutes, policies, rules, and procedures on isolation and restraint;
5. (5) Training in the identification and reporting of abuse and neglect in the school setting; and
6. (6) Certification for school personnel who have completed a behavior intervention training program which should be renewed on an annual basis.

§ 49-10-1305. Restrictions on administration of, or use of, isolation or restraint.

(a) Administering a chemical restraint to a student receiving special education services, as defined by § 49-10-102, is prohibited; provided, that nothing in this subsection (a) shall prohibit the administration of a chemical restraint when administered for therapeutic purposes under the direction of a physician and with the student's parent or guardian's consent to administer such chemical restraint.
(b) Administering a noxious substance to a student receiving special education services, as defined by § 49-10-102, is prohibited.
(c) The use of any mechanical restraint on any student receiving special education services, as defined by § 49-10-102, is prohibited.
(d) Any form of life threatening restraint, including restraint that restricts the flow of air into a person's lungs, whether by chest compression or any other means, to a student receiving special education services, as defined by § 49-10-102, is prohibited.
(e)
1. (1) The use of isolation or restraint as a means of coercion, punishment, convenience or retaliation on any student receiving special education services, as defined by § 49-10-102, is prohibited.
2. (2) Removing or disabling any equipment or device that a student requires, including, but not limited to, a power wheelchair, brace, augmentative communication device, or walker, as a means of coercion, punishment, convenience, or retaliation on any student receiving special education services, as defined by § 49-10-102, is prohibited.
3. (3) [Deleted by 2021 amendment.]
(f) The use of a locked door, or any physical structure, mechanism, or device that substantially accomplishes the function of locking a student in a room, structure, or area, is prohibited.
(g) Any enclosed area or structure used as an isolation room shall be:
1. (1) Unlocked and incapable of being locked;
2. (2) Free of any condition that could be a danger to the student;
3. (3) Well ventilated and temperature controlled;
4. (4) Sufficiently lighted for the comfort and well-being of the student;
5. (5) Where school personnel are in continuous direct visual contact with the student at all times;
6. (6) At least forty square feet (40 sq. ft.); and
7. (7) In compliance with all applicable state and local fire, health, and safety codes.
2 Backlinks
- 49-10-1303(4)(A)
- 49-10-1303(5)
(h) Notwithstanding this section, actions undertaken by school personnel to break up a fight or to take a weapon from a student are not prohibited; however, these acts shall be reported.

§ 49-10-1306. Records of isolation and restraint — Reports — Promulgation of rules and regulations.

(a) Each school shall maintain all records of isolation and restraint.
(b) On a semiannual basis, using existing student-level data collection systems to the extent feasible, each school shall submit a report to the local education agency that includes:
1. (1) The number of incidents involving the use of isolation and restraint since the previous semiannual report;
2. (2) The number of instances in which the school personnel imposing an isolation or restraint were not trained and certified;
3. (3) Any injuries, deaths, or property damage that occurred;
4. (4) The time at which the student's parent or guardian was notified on the day the isolation or restraint was used; and
5. (5) Demographic information to determine whether disproportionate use of these interventions exists.
(c) The local education agency shall use the information obtained from records of isolation and restraint in developing its behavior intervention training program.
(d) The local education agency shall submit information to the department of education each year on the use of isolation and restraint in the school district.
(e) Annually, this information shall be reported to the state advisory council for the education of students with disabilities established pursuant to § 49-10-105. This information must also be made readily available to the public. The council shall use this information to report annually to the state board of education with recommendations to reduce the use of isolation and restraint in public education programs. The state board of education shall use these recommendations as well as data, documentation and reports to establish policy or strategies or both to reduce or eliminate the use of isolation and restraint in schools.
(f) The state board of education, in consultation with the departments of education, mental health and substance abuse services, intellectual and developmental disabilities, and children's services, shall promulgate rules and regulations concerning the use of isolation or restraint with students who receive special education services so that isolation or restraint is not used when such procedures are unsafe, unreasonable or unwarranted. The rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

§ 49-10-1307. Training and reporting on the use of restraint and isolation.

If a private school or agency contracts with an LEA to provide services for students with disabilities, then such private school or agency shall, in the contract for services, certify that the staff of the facility or program has received training in the appropriate use of isolation and restraint. Further, the contracting agency shall report to a designated LEA representative each instance of the use of isolation and restraint to accomplish the parental notification provided in this part.

Part 14 Individualized Education Act

§ 49-10-1401. Short title.

This part shall be known and may be cited as the “Individualized Education Act.”

§ 49-10-1402. Part definitions.

As used in this part, unless the context otherwise requires:
1. (1) “Department” means the department of education;
2. (2) “Eligible postsecondary institution” means a community college or university of the University of Tennessee system or the board of regents system or an accredited private postsecondary institution;
3. (3) “Eligible student” means a resident of this state who:
  1. (A) Is a child with any of the following disabilities as defined by the state board of education pursuant to § 49-10-102:
    1. (i) Autism;
    2. (ii) Deaf-blindness;
    3. (iii) Hearing impairments;
    4. (iv) Intellectual disability;
    5. (v) Orthopedic impairments;
    6. (vi) Traumatic brain injury;
    7. (vii) Visual impairments;
    8. (viii) Developmental delay;
    9. (ix) Multiple disabilities; or
    10. (x) A specific learning disability;
  2. (B) Has an active individualized education program (IEP) in accordance with 34 C.F.R. § 300 et seq., § 49-10-102, and regulations of the state board of education with one (1) of the disabilities pursuant to subdivision (3)(A) as the primary or secondary disability in effect at the time the department receives the request for participation in the program; and
  3. (C) Meets at least one (1) of the following requirements:
    1. (i) Was previously enrolled in and attended a Tennessee public school for the one (1) full school year immediately preceding the school year in which the student receives an individualized education account (IEA);
    2. (ii) Is enrolling in a Tennessee school for the first time; or
    3. (iii) Received an individualized education account (IEA) in the previous school year;
4. (4) “IEA” means an individualized education account;
5. (5) “Parent” means the parent, legal guardian, person who has custody of the child, or person with caregiving authority for the child;
6. (6) “Participating school” means a nonpublic school that meets the requirements established in this part and seeks to enroll eligible students;
7. (7) “Participating student” means an eligible student whose parent is participating in the individualized education account (IEA) program; and
8. (8) “Program” means the individualized education account (IEA) program created in this part.

§ 49-10-1403. Parental agreement for participation in individualized education account (IEA) program — Requirements.

(a) A parent of an eligible student shall qualify to participate in the program if the parent signs an agreement promising:
1. (1) To provide an education for the participating student in at least the subjects of English language arts, mathematics, social studies, and science; and
2. (2) Not to enroll the parent's eligible student in a public school during participation in the IEA program and to release the LEA in which the student resides and is zoned to attend from all obligations to educate the student. Participation in the program shall have the same effect as a parental refusal to consent to the receipt of services under 20 U.S.C. § 1414 of the Individuals with Disabilities Education Act (IDEA).
(b) Parents shall agree to use the funds deposited in a participating student's IEA for any, or any combination, of the following expenses of the participating student:
1. (1) Tuition or fees at a participating school;
2. (2) Textbooks required by a participating school;
3. (3) Tutoring services provided by a tutor or tutoring facility that meets the requirements set by the department and the state board of education;
4. (4) Payment for purchase of curriculum, including any supplemental materials required by the curriculum;
5. (5) Fees for transportation paid to a fee-for-service transportation provider;
6. (6) Tuition or fees for a nonpublic online learning program or course that meets the requirements set by the department and the state board of education;
7. (7) Fees for nationally standardized norm-referenced achievement tests, Advanced Placement examinations, or any examinations related to college or university admission;
8. (8) Contributions to a Coverdell education savings account established under 26 U.S.C. § 530 for the benefit of the participating student, except that funds used for elementary or secondary education expenses shall be for expenses otherwise allowed under this section;
9. (9) Educational therapies or services provided by therapists that meet the requirements set by the department and the state board of education;
10. (10) Services provided under a contract with a public school, including individual classes and extracurricular programs;
11. (11) Tuition or fees at an eligible postsecondary institution;
12. (12) Textbooks required for courses at an eligible postsecondary institution;
13. (13) Fees for the management of the IEA by private financial management firms;
14. (14) Computer hardware or other technological devices approved by the department or a licensed treating physician, if the computer hardware or other technological device is used for the student's educational needs; or
15. (15) Contributions to an achieving a better life experience account in accordance with the ABLE Act, compiled in title 71, chapter 4, part 8, and the rules promulgated pursuant thereto, for the benefit of a participating student; provided, that the funds are used only for the student's education expenses subject to the rules established by the achieving a better life experience program and that the student meets the qualifications to participate in the achieving a better life experience program pursuant to the ABLE Act, and § 529A of the Internal Revenue Code of 1986 (26 U.S.C. § 529A), as amended, and all rules, regulations, notices, and interpretations released by the United States department of treasury, including the internal revenue service.
(c) Parents may make payments for the costs of educational programs and services not covered by the funds in their IEA.
(d) A participating school shall notify the department whether the school provides inclusive educational settings. The department shall indicate those schools that provide inclusive educational settings in its posting of participating schools on its website under § 49-10-1405(a)(7).
(e) For participating students in grades three through eight (3-8), a parent shall ensure that the student is annually administered either a nationally norm-referenced test identified by the department or the Tennessee comprehensive assessment program (TCAP) tests or any future replacements of the TCAP tests. The tests should, at a minimum, measure learning in mathematics and English language arts. Results of the testing shall be reported to the parent. Students with disabilities who would have participated in the alternate assessment, as determined on the student's IEP, are exempt from this requirement.
(f) For purposes of continuity of educational attainment, a student who enrolls in the program shall remain eligible until the participating student returns to a public school, graduates from high school, or reaches twenty-two (22) years of age by August 15 for the next school year, whichever occurs first.
(g) Notwithstanding subdivision (a)(2), a participating student may return to the student's LEA at any time after enrolling in the program. Upon a participating student's return to the student's LEA, the student's IEA shall be closed, and any remaining funds shall be returned to the state treasurer to be placed in the Tennessee investment in student achievement formula (TISA) account of the education trust fund of 1992 under §§ 49-3-357 and 49-3-358.
(h) Any funds remaining in a student's IEA upon graduation from high school may be used to attend or take courses from an eligible postsecondary institution, with qualifying expenses subject to the applicable conditions of subsection (b).
(i) A participating student's IEA shall be closed, and any remaining funds shall be returned to the state treasurer to be placed in the Tennessee investment in student achievement formula (TISA) account of the education trust fund of 1992 under §§ 49-3-357 and 49-3-358, if a participating student graduates from a postsecondary institution, after a period of four (4) consecutive years after a student enrolls in a postsecondary institution, or after any period of four (4) consecutive years after high school graduation in which the student is not enrolled in an eligible postsecondary institution, whichever occurs first.
(j) Funds received pursuant to this part do not constitute income taxable to the parent of the participating student or to the student under title 67, chapter 2. All contributions or distributions made to, or on behalf of, participating students pursuant to any IEA authorized by this part are exempt from all state and local taxation under title 67 or other state law.

§ 49-10-1404. Requirements for participating schools — Penalties for noncompliance.

(a) A school, private tutor, eligible postsecondary institution, or other educational provider that serves a participating student shall not refund, rebate, or share funds from an IEA with a parent or participating student in any manner. The funds in an IEA may be used only for educational purposes. Participating schools, postsecondary institutions, and education providers that enroll participating students shall provide parents with a receipt for all qualifying expenses at the school or institution.
(b) To ensure that students are treated fairly and kept safe, all participating schools shall:
1. (1) Comply with all health and safety laws or codes that apply to nonpublic schools;
2. (2) Certify that they shall not discriminate against students or applicants on the basis of race, color, or national origin; and
3. (3) Conduct criminal background checks on employees. The participating school then shall:
  1. (A) Exclude from employment any person not permitted by state law to work in a nonpublic school; and
  2. (B) Exclude from employment any person who might reasonably pose a threat to the safety of students.
(c) The department may suspend or terminate a school from participating in the program, if the department determines the school has failed to comply with the requirements of this section. If the department suspends or terminates a school's participation, the department shall notify affected participating students and their parents of the decision. If a participating school is suspended or if a participating school withdraws from the program, affected participating students remain eligible to participate in the program.

§ 49-10-1405. Administration of IEA program by department.

(a) In administering the IEA program, the department shall:
1. (1) Remit funds to a participating student's IEA account on at least a quarterly basis. Any funds awarded under this part shall be the entitlement of only the eligible student under the supervision of the student's parent. The maximum annual amount to which an eligible student is entitled under this part shall be equal to the amount representing the total funding allocation that the student generates under the Tennessee investment in student achievement formula (TISA). For the purpose of funding calculations, each eligible student who participates in the program shall be counted in the enrollment figures for the LEA in which the student resides and is zoned to attend. The IEA funds shall be subtracted from the state funds otherwise payable to the LEA;
2. (2)
  1. (A) Create a standard form that a parent of a student may submit to establish the student's eligibility for an IEA. The department shall make the application readily available to interested families through various sources, including the internet; and
  2. (B) In accordance with state board of education rules promulgated in consultation with the department of education and the department of health, create an application and approval process for nonpublic schools to become participating schools;
3. (3) Establish application and participation timelines that shall maximize student and school participation;
4. (4) Provide parents of participating students with a written explanation of the allowable uses of IEAs, the responsibilities of parents, and the duties of the department;
5. (5) Develop and implement a process to notify parents of their child's potential eligibility to participate in the program and notify the education committee of the senate and the education administration committee of the house of representatives on the process that the department develops pursuant to this subdivision (a)(5);
6. (6) Adopt policies necessary for the administration of the IEA program, including:
  1. (A) Policies for conducting or contracting for random, quarterly, or annual reviews of accounts;
  2. (B) Policies for establishing or contracting for the establishment of an online anonymous fraud reporting service; and
  3. (C) Policies for establishing an anonymous telephone hotline for reporting fraud; and
7. (7) Post on its website a list of participating schools for each school year, the grades taught in the school and other information that the department determines shall assist parents in selecting participating schools for their children.
  1 Backlink
  - 49-10-1403(d)
(b) The department may deduct an amount up to six percent (6%) from appropriations used to fund IEAs to cover the costs of overseeing the funds and administering the program.
(c) In compliance with all state and federal student privacy laws, an LEA shall provide a participating school that has admitted an eligible student under this part with a complete copy of the student's school records in the possession of the LEA.

§ 49-10-1406. Autonomy of participating schools.

(a) A participating school is autonomous and not an agent of the state or federal government.
(b) Neither the department nor any other state agency may regulate in any way the educational program of a participating nonpublic school or education provider that accepts funds from the parent of a participating student.
(c) The creation of the IEA program does not expand the regulatory authority of the state, its officers, or any LEA to impose any additional regulation of nonpublic schools or education providers beyond those necessary to enforce the requirements of the program.
(d) Participating nonpublic schools and education providers shall be given the maximum freedom to provide for the educational needs of their students without governmental control. Neither a participating nonpublic school nor an education provider shall be required to alter its creed, practices, admissions policies, or curriculum in order to accept participating students.
(e) In any legal proceeding challenging the application of this part to a participating school, the state bears the burden of establishing that the law is necessary and does not impose any undue burden on participating schools.

Chapter 11 Career and Technical Education

Part 1 General Provisions

§ 49-11-101. Administration — State board for career and technical education.

(a)
1. (1) The department of education is designated the state board for career and technical education and, as such, is authorized and empowered to accept on behalf of the state all acts of congress pertaining to career and technical education.
2. (2) The state board for career and technical education is designated the sole agency of the state for administering career and technical education programs in cooperation with LEAs and the federal government and its agencies and is authorized and empowered to make agreements with the federal government and local governmental units that may be deemed necessary to participate in federal career and technical education funding.
3. (3) The state board for career and technical education shall develop policies and guidelines for cooperative career and technical training programs that provide school-supervised and school-administered work experience and career exploration for students. The policies and guidelines shall comply with all state laws and federal laws and regulations concerning the employment of minors, but shall not be more restrictive concerning the employment of minors than those laws and regulations.
(b) Notwithstanding any other law to the contrary, the board of regents is solely responsible for administering career and technical programs in the colleges governed by the board of regents, and is authorized and empowered to make agreements with the federal government and local government units that may be deemed necessary to participate in career and technical funding programs for which the department of education has not been designated as the sole state agency authorized to receive federal funds.

§ 49-11-102. Occupational educator scholarship.

(a) The department of education shall, subject to available funds, administer an occupational educator scholarship program for prospective educators seeking a Tennessee occupational teaching license.
(b) To be eligible for an occupational educator scholarship, a prospective educator, in accordance with the rules promulgated under subsection (d), must:
1. (1) Be a Tennessee resident for one (1) year immediately preceding the date of application for a scholarship;
2. (2) Apply for an occupational educator scholarship;
3. (3) Be admitted to an eligible educator preparation program;
4. (4) Agree to teach occupational career and technical education courses in a Tennessee public school for a specified time; and
5. (5) Agree to repay the scholarship according to a repayment schedule if the prospective educator does not fulfill the requirements of subdivision (b)(4), unless it is impossible for the prospective educator to fulfill the requirements of subdivision (b)(4) because of the prospective educator's death or permanent disability.
(c) An occupational educator scholarship is the cost of tuition and mandatory fees at the postsecondary institution attended less all other gift aid, which must be credited first to the eligible prospective educator's tuition and mandatory fees.
(d) The department shall recommend, and the state board of education shall promulgate, rules for the administration and management of the occupational educator scholarship program. The rules must establish the maximum aggregate amount of the scholarship and the eligibility requirements for receiving and maintaining a scholarship under this section. The rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

§ 49-11-103. Agriculture education— Funding.

(a) The state supervisor of agriculture education, after receiving the approval of the commissioner of education, is authorized to expend a sum of money not to exceed five thousand dollars ($5,000) per annum from the career and technical funds, appropriated by the state for the purpose of promoting agriculture education through the agriculture education students of this state.
(b) The money authorized in subsection (a) shall be used for:
1. (1) Offering scholarships to agriculture education students;
2. (2) Promoting contests in crops and livestock, including the expenses of the state's agriculture education livestock judging teams to the national shows;
3. (3) Maintaining and improving state summer training camp for the agriculture education students of the state;
4. (4) Providing expenses of the delegates of the agriculture education students to their national convention; and
5. (5) Providing expenses of Tennessee's master teacher of agriculture education to the southern regional conference of agriculture education workers.
(c) The amount of money set forth in subsection (a) shall become available on July 1 of each year.

§ 49-11-104. Career and technical education in grades six through twelve.

(a)
1. (1) It is the intent of the general assembly that comprehensive career and technical education be made available by the state and local education agencies in grades six through twelve (6-12).
2. (2) The program shall be made accessible to students in grades six through twelve (6-12) and planned to serve at least fifty percent (50%) of the students in grades six through twelve (6-12).
(b)
1. (1) All capital costs and operating costs of the programs developed under this section shall be borne by the state, to the extent that appropriations are made for the programs.
2. (2) The operation of the facilities shall be by local boards of education or as joint facilities by two (2) or more local systems.
3. (3) Appropriate counseling shall be made available in grades six (6), seven (7), and eight (8).
4. (4) The acquisition of necessary land, the construction or acquisition of adequate facilities and equipment and the training of an adequate number of career and technical instructors and counselors shall proceed as rapidly as possible after needs are determined in order to carry out the intent expressed in subsection (a).
5. (5) Counseling shall be provided in grades six through twelve (6-12) at the ratio of one (1) counselor for two hundred (200) students, with special competence in career and technical guidance including some practical experience.
6. (6) In the selection of career and technical instructors, some practical experience shall be considered an essential qualification.
(c) After each county, including city and special school districts, is surveyed, facilities shall be planned by the board of career and technical education for comprehensive career and technical training for high school and post high school students in accordance with one (1) of the following alternatives:
1. (1) Comprehensive High Schools. Facilities will be utilized or expanded, or both, in school systems where schools have been consolidated sufficiently to provide comprehensive high schools for a minimum of about one thousand five hundred (1,500) students;
2. (2) State Colleges of Applied Technology. Facilities will be utilized or expanded, or both, in state colleges of applied technology, where properly located, to provide comprehensive high school career and technical training;
3. (3) Career and Technical Training Centers. In counties, including city and special school districts, with two (2) or more high schools, where students cannot be served under subdivision (c)(1) or (c)(2), a career and technical training center will be established separate from any existing school;
4. (4)
  1. (A) Joint Facilities. Where practicable, and where school systems may not be served adequately by any of the alternatives in subdivisions (c)(1)-(3), joint facilities may be established and operated to serve two (2) or more counties or school systems, or both;
  2. (B) The governing body of each joint facility that exists separately from any other local school system shall cause an annual audit to be made of the books and records of the facility, to order and pay for the audit and to contract with certified public accountants, public accountants or the department of audit to make the audit;
  3. (C) The comptroller of the treasury, when the comptroller of the treasury deems it necessary, may require the audit to be conducted by the department of audit, the cost of the audit to be paid by the governing body;
  4. (D) The comptroller of the treasury, through the department of audit, shall be responsible for determining that the audit is prepared in accordance with generally accepted governmental auditing standards and that the audit meets the minimum standards prescribed by the comptroller of the treasury;
  5. (E) The comptroller of the treasury shall prepare a uniform audit manual as is required to assure that the books and records are kept in accordance with generally accepted accounting principles and that audit standards prescribed by the comptroller of the treasury are met; or
5. (5) In the event that it is found not to be economically or physically feasible to provide expanded career and technical programs by one (1) of the four (4) alternatives in subdivisions (c)(1)-(4), an alternate delivery procedure may be developed. The conditions that will authorize the development of an alternate delivery procedure include, but are not limited to, geographical barriers, low student population and excessive distances involved.
(d) After each county, including city and special school districts, is surveyed, the board of career and technical education shall plan facilities for comprehensive career and technical training for middle school students. The middle school programs may be conducted in any of the facilities where space and resources are available to high school students in accordance with subsection (c), or may be conducted in existing middle school facilities.
(e)
1. (1) Career and technical training for the post high school student shall be planned and implemented through utilization of facilities provided by this section.
2. (2) The student shall have available to the student the programs of any facility.

1 Backlink

49-11-111(a)

§ 49-11-105. Unlawful discrimination.

(a) Any vocational, vocational-technical or technical institution offering training through courses of an academic or clinical or practical nature, or any combination of courses of an academic or clinical or practical nature, and supported in whole or in part by state funds, shall have and enforce a policy whereby all courses offered by the institution shall be offered and made available on an equal basis to any student, without regard to the race, creed, sex or national origin of the student.
(b) A violation of this section is a Class C misdemeanor.

§ 49-11-106. Replacement or transfer of state-owned property.

(a) Any LEA that has received state-owned personal property for use in its career and technical education programs may request special approval from the commissioner of education permitting it to trade in for replacement equipment any state-owned item of career and technical equipment in its possession whose initial acquisition cost exceeded three hundred dollars ($300).
(b) Notwithstanding any other law to the contrary, the commissioner may grant the permission requested in subsection (a) under guidelines developed by the division of career and technical education. The guidelines shall include, but not be limited to, such matters as a replacement schedule, age, repair history and technical usefulness of the equipment. The cost difference of replacement equipment acquired under this plan shall be borne by the LEA, and title to the replacement equipment shall remain with the department.
(c) The commissioner's approval granted under subsections (a) and (b) is sufficient to convey clear title to any equipment traded in under this section. The division of career and technical education shall maintain an inventory of all equipment, individually identified by description and serial number, that has been traded in or acquired under this section.
(d) Any personal property now on state inventory and used by an LEA for career and technical education programs in a nonstate-owned facility is transferred upon request to the respective custodial LEA, which is vested with clear title to the property.

§ 49-11-107. Purchases for use by clients of program.

(a) Notwithstanding any law to the contrary, purchases of equipment, supplies or other goods and services for use by a client participating in a vocational rehabilitation or independent living program may be made by the director of vocational rehabilitation.
(b) It is the responsibility of the director to develop procedures to ensure, to the extent practicable, that purchases made on behalf of the state are at the lowest possible price while at the same time ensuring timely delivery of services.
(c) The director is authorized to make purchases that do not exceed five hundred dollars ($500) without the necessity of soliciting competitive bids, advertising for bids or other requirements applicable to governing the purchase of goods and services on behalf of the state.

§ 49-11-108. Notification of prerequisites for career and technical education courses.

The state board of education shall notify local school systems no less than one (1) full year prior to the effective date of any academic prerequisite course requirements in career and technical education.

§ 49-11-109. [Repealed]

§ 49-11-110. Preparation of students in middle school grades for career and technical education pathway.

(a) The department of education shall begin preparing students in middle school grades for a career and technical education (CTE) pathway by introducing students to career exploration opportunities that allow students to explore a wide variety of high-skill, high-wage, or in-demand career fields.
(b) The department of education shall:
1. (1) Provide career exploration and career development activities through an organized, systematic framework designed to aid students in the middle school grades, before enrolling and while participating in a career and technical education program, in making informed plans and decisions about future education and career opportunities and programs of study, which may include:
  1. (A) Introductory courses or activities focused on career exploration and career awareness, including nontraditional fields;
  2. (B) Readily available career and labor market information, including information on:
    1. (i) Occupational supply and demand;
    2. (ii) Educational requirements;
    3. (iii) Other information on careers aligned to state or local priorities, as applicable; and
    4. (iv) Employment sectors;
  3. (C) Programs and activities related to the development of student graduation and career plans;
  4. (D) Career guidance and academic counselors that provide information on postsecondary education and career options;
  5. (E) Any other activity that advances knowledge of career opportunities and assists students in making informed decisions about future education and employment goals, including nontraditional fields; or
  6. (F) Providing students with strong experience in, and a comprehensive understanding of, all aspects of an industry; and
2. (2) Provide professional development opportunities for teachers and faculty related to CTE for students in middle school grades.

§ 49-11-111. Eligibility to receive credit towards receipt of professional and occupational licenses for career and technical training in high school and post high school.

(a) Persons who receive certified comprehensive career and technical training in high school and post high school pursuant to § 49-11-104 are eligible to receive equivalent credit towards the receipt of professional and occupational licenses relating to the training received. This section applies to all professions and occupations regulated under title 62.
(b)
1. (1) The high school and post high school training received under this chapter must be consistent with the requirements for licensure by licensing authorities in order for persons to be eligible for equivalent credit under subsection (a).
2. (2) Any person aggrieved by the decision of a licensing authority concerning eligibility for equivalent credit under this section may appeal to the commissioner of commerce and insurance or the commissioner's designee for a determination of whether the training meets the requirements for licensure. An appeal under this subdivision (b)(2) must be conducted in the same manner as is provided in § 4-5-322, for a contested case hearing under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(c) The commissioner of commerce and insurance, in collaboration with the state board of education and the various departments charged with supervision of licensing authorities shall promulgate rules to effectuate the purposes of this act. All rules must be promulgated in accordance with the Uniform Administrative Procedures Act.

Part 2 Tennessee Council for Career and Technical Education

§ 49-11-201. Creation — Membership.

(a) There is created the Tennessee council for career and technical education.
(b)
1. (1) The council shall consist of fifteen (15) members, appointed by the governor and speakers of the general assembly, and shall serve in an advisory capacity to the state board of education, the board of regents, the governor, and the general assembly. The members of the council appointed pursuant to subdivision (b)(2) shall serve terms of six (6) years and the members appointed pursuant to subdivision (b)(3) shall serve terms of two (2) years. In the event a vacancy is created by the death or resignation of a member or by other cause, a successor shall be appointed within fifteen (15) days to serve for the remainder of the unexpired term.
2. (2) The governor shall appoint thirteen (13) individuals to fill each of the following categories:
  1. (A) Seven (7) individuals who are representatives of the private sector in the state who shall constitute a majority of the membership of the governor's appointees:
    1. (i) Five (5) shall be representatives of business, industry, trade organizations, and agriculture; and
    2. (ii) Two (2) shall be representatives of labor organizations; and
  2. (B) Six (6) individuals who are representatives of secondary and postsecondary career and technical institutions, equitably distributed among the institutions, career guidance and counseling organizations within the state, individuals who have special knowledge and qualifications with respect to the special educational and career development needs of special populations, including women, the disadvantaged, the handicapped, individuals with limited English proficiency, and minorities, and of whom one (1) member shall be a representative of the special education population.
3. (3) The speaker of the senate and the speaker of the house of representatives shall each appoint one (1) legislator to serve as a member of the council.

2 Backlinks

§ 49-11-202. Duties

The Tennessee council for career and technical education shall:
1. (1) Meet with the department of education or its representatives during the planning year to advise on the development of the state plan;
2. (2) Advise the department of education and make reports to the governor, the business community and general public of the state concerning:
  1. (A) Policies the state should pursue to strengthen career and technical education, with particular attention to programs for students with disabilities; and
  2. (B) Initiatives and methods the private sector could undertake to assist in the modernization of career and technical education programs;
3. (3) Analyze and report on the distribution of spending for career and technical education in the state and on the availability of career and technical education activities and services within the state;
4. (4) Furnish consultation to the department of education on the establishment of evaluation criteria for career and technical education programs within the state;
5. (5) Submit recommendations to the department of education on the conduct of career and technical education programs conducted in the state that emphasize the use of business concerns and labor organizations;
6. (6) Assess the distribution of financial assistance between secondary career and technical education programs and postsecondary career and technical education programs;
7. (7) Recommend procedures to the department of education to ensure and enhance the participation of the public in the provision of career and technical education at the local level within the state, particularly the participation of local employers and local labor organizations;
8. (8) Report to the department of education on the extent to which all persons are provided with equal access to quality career and technical education programs, including, but not limited to:
  1. (A) Individuals with disabilities;
  2. (B) Disadvantaged individuals;
  3. (C) Adults who are in need of training and retraining;
  4. (D) Individuals who are single parents or homemakers;
  5. (E) Individuals who participate in programs designed to eliminate sex bias and stereotyping in career and technical education; and
  6. (F) Criminal offenders who are serving in a correctional institution;
9. (9) Evaluate career and technical education program delivery systems at least once every two (2) years;
10. (10) Make recommendations to the department of education on the adequacy and effectiveness of the coordination that takes place between career and technical education and other training programs; and
11. (11) Advise the governor, the general assembly, the Tennessee board of regents, and the department of education of these findings and recommendations.

§ 49-11-203. Funding — Compensation — Staff.

(a) Funds necessary to accomplish the mandates of federal legislation affecting career and technical education shall be provided from either federal or state funds, or both, through appropriation by the general assembly.
(b) Members of the council shall be entitled to receive per diem at the rate of fifty dollars ($50.00) per day for each day engaged in carrying out their responsibilities under this part, if funds are available.
(c) Members of the council are entitled to reimbursement for all actual reasonable and necessary expenses incurred for meals and lodging while attending to the official business of the council and mileage for attending council meetings and conducting other business of the council. Funds appropriated for the work of the council may be used to pay for meals of the members of the council and other persons authorized by the council to participate in meetings that assist the council to fulfill its obligations under state and federal legislation. The council is authorized to disburse funds for out-of-state travel as prescribed by state law.
(d)
1. (1) In carrying out the purpose of the council, the governor may appoint an executive director to support the administrative functions of the council.
2. (2) The executive director serves at the pleasure of the governor.
3. (3) The governor shall set the salary for the executive director.
4. (4) The executive director is authorized to obtain the services of professional, technical and clerical personnel necessary to carry out the council's functions under this part and to contract for services necessary for the council to carry out its evaluation functions.
5. (5) The expenditure of funds paid pursuant to subdivision (d)(4) is to be determined solely by the state council, and these funds may not be diverted or reprogrammed for any other purpose by any state board, agency, or individual. The council is administratively attached to the board of regents to receive funds pursuant to either federal or state law and to act as its fiscal agent for purposes of disbursement, accounting and auditing.
(e) The funds appropriated to the council by the general assembly shall remain with the council as long as the council complies with the purposes of this part.

§ 49-11-204. Administration.

The council for career and technical education shall be administratively attached to the board of regents.

Part 3 Career and Technical Education Centers Generally

§ 49-11-301. Establishment authorized.

The establishment of career and technical education centers is authorized.

§ 49-11-302. “Career and technical education center” defined — Area covered.

(a) “Career and technical education center” means a training program or school organized to provide training in career and technical education to pupils in an area consisting of more than one (1) county.
(b) Such a school may be organized to serve both rural and urban areas, and its area shall consist of at least two (2) or more counties and may include the cities and special school districts in the counties.

§ 49-11-303. Contracts for operation.

(a) The local boards of education participating in the operation of a career and technical education center are authorized to enter into contracts for the establishment, operation and maintenance of career and technical education centers.
(b) Contractual arrangements entered into in establishing a career and technical education center shall be for a period of no less than five (5) years nor more than ten (10) years, in order to guarantee efficient operation and continuity, and shall first be approved by the county legislative body or city governing body of each county and city participating in the establishment, operation and maintenance of the school.

§ 49-11-304. Admission — Tuition free.

(a) Pupils from the respective school districts in the area to be served shall be admitted upon the basis of the terms of the contract entered into between the respective boards of education, but in no event shall any tuition be charged.
(b)
1. (1) Pupils admitted to the school shall be of sufficient age and maturity to be able to perform the vocation or craft selected at the time of completion of the course.
2. (2) Admission shall not be based on academic credits or college entrance requirements.

§ 49-11-305. Use of school funds and facilities.

(a) The local boards of education participating in the operation, establishment and maintenance of the schools are authorized to use public school funds to contribute the share of the local school system in the cost of operation of the school, and the counties and cities participating in the program are authorized to levy and collect taxes and appropriate funds for that purpose.
(b) Existing school plants and facilities may be used, or new plants may be acquired or constructed.
(c) Funds allocated to a county by the state for the training of any student who attends a career and technical education center shall be transferred to the career and technical education center for use in defraying the cost of operating the school. By agreement between county and state authorities, the funds may be allocated directly to the area school by the state.
(d) Counties participating in the career and technical education center shall contribute to its support from local funds upon the basis of the per capita enrollment from the county in the area school, unless the school board of a local school district by contract assumes a larger portion of the cost of maintaining the school.

§ 49-11-306. Administration.

(a) The contracts entered into between the local school districts maintaining the career and technical education center shall provide the method of administering the school.
(b)
1. (1) The administration of the school may be placed under the county or city board of education in which the school is located.
2. (2) In the alternative, the administration of the school may be placed under a board of control consisting of representatives from each of the local school districts participating in the program.
(c)
1. (1) The board of education of each local school district participating in the administration of the school may name one (1) or more persons to the board of control or may provide for a board of three (3), five (5) or seven (7) members, representing the various local school districts in such proportion as may be agreed upon in the contract.
2. (2) The board of control shall elect its own chair and secretary or may designate as ex officio secretary the director of schools of the county or city in which the school is located.
3. (3) The board of control for the career and technical education center shall exercise all the power and functions with respect to the career and technical education center that the county boards of education are authorized to perform with respect to the operation of county schools, except that it may not recommend tax levies or budgets for the support of an area school to the county legislative bodies of participating counties, but shall make the recommendations to the local boards of education of the participating counties, which will in turn include those amounts as items in the local school budget.
(d)
1. (1) All the funds contributed by each local school district participating in the operation and maintenance of the school shall be deposited in a special fund by the county trustee of the county, or city treasurer of the city, in which the school is located.
2. (2) If the administration of the school is left under the local school board, the warrants for the expenditure of funds shall be drawn in the same manner as other school funds are expended in the county or city.
3. (3) If the operation of the school is placed under a board of control, as provided in subdivision (b)(2), warrants shall be signed by the chair and secretary of the board of control.

§ 49-11-307. Purpose and curriculum.

(a) The purpose of a career and technical education center shall be to furnish that type of instruction necessary for the training of craftspersons, primarily in manipulative skills, trade knowledge and business practices.
(b)
1. (1) Its curriculum shall be planned so as not to duplicate training available in the public middle schools and public high schools of this state, except where duplication is necessary for training in the vocations and crafts that are a part of the school curriculum.
2. (2) Work experiences, whenever feasible, shall be an integral part of the training for the occupation selected.

§ 49-11-308. Transportation of students.

Transportation to and from a career and technical education center may be provided by the boards of education of the school districts participating in the career and technical education center from local school funds in the same manner as provided for students attending other public schools.

Part 4 Statewide System of State Colleges of Applied Technology

§ 49-11-401. Legislative intent.

(a) It is declared to be the intent of the general assembly to establish a statewide system of state colleges of applied technology to meet more adequately the occupational and technical training needs of citizens and residents of this state, including employees and future employees of existing and prospective industries and businesses in this state.
(b) The individual colleges of applied technology established by this part shall be known as “Tennessee College of Applied Technology - ” followed by the name of the city, town or place in which or near which the college is located.

1 Backlink

49-11-402(a)(1)

§ 49-11-402. General powers and duties of board of regents.

(a)
1. (1) In order to carry out the intent expressed in § 49-11-401 and to provide a unified, overall program of vocational education and technical training, including the vocational education training program, title 8 of the National Defense Education Act of 1958 (P.L. 85-864, 72 Stat. 1597) program, the Area Redevelopment Act of 1961 (P.L. 87-27, 75 Stat. 47) program, and the Manpower Development and Training Act of 1962 (P.L. 87-415, 76 Stat. 23) program, the board of regents is authorized and directed to take such steps and to do whatever it deems necessary, including the development of a comprehensive plan, to carry out the intent of the general assembly as stated in § 49-11-401; and particularly, the board of regents is authorized and directed to locate, establish, construct and operate a statewide system of state colleges of applied technology in the manner provided in this section.
2. (2) The state colleges of applied technology must be situated so that ultimately all parts of the state are within a reasonable distance of a state college of applied technology. The state colleges of applied technology shall provide occupational training and technical education.
3. (3) A state college of applied technology shall be established by the board of regents in a location or locations that it deems necessary to provide technical training, and the state college of applied technology shall function as a two-year terminal training college for the purpose of:
  1. (A) Training engineering technicians for industry; and
  2. (B) Preparing the student to earn a living as a technician or technical worker in the field of production, distribution or service.
4. (4) The board of regents may, in its discretion, take any appropriate action, enter into any agreements and do whatever it deems necessary to establish foundations for the state colleges of applied technology.
(b) [Deleted by 2020 amendment.]
(c)
1. (1) Employees of institutions and state colleges of applied technology established pursuant to this part on July 1, 1983, shall become employees of the board of regents.
2. (2) Employees of institutions and state colleges of applied technology established pursuant to this part who have achieved rank and tenure under policies of the state board of education prior to July 1, 1983, and who continue as employees of the board of regents without a break in service shall retain that rank and tenure as employees of the board of regents.
(d) No state technical institute may be merged with a community college without approval by the general assembly.

1 Backlink

49-7-1401

§ 49-11-403. Advisory committees.

The board of regents is authorized to appoint an advisory committee or committees, or a consultant or consultants, as the board may deem necessary, to advise the board in matters relating to the location, establishment and construction of state colleges of applied technology and on any other matters that the board may deem necessary in carrying out its duties under this part.

§ 49-11-404. Contracts with local boards.

(a) The board of regents is authorized to enter into any contract or contracts that the state board of regents may deem necessary for the operation of state colleges of applied technology in order to carry out the provisions and purposes of this part with any:
1. (1) Local board or boards of education;
2. (2) County or counties, or municipality or municipalities;
3. (3) Other public or private body, board, foundation or agency;
4. (4) Individual or group of individuals; or
5. (5) Sheriff's department or other official or department charged with oversight of a county jail, lock-up, or workhouse for the purpose of developing reentry programs to effectively reduce the recidivism rate of criminal offenders and increase the likelihood of successful reintegration into society following release of individuals from incarceration.
(b) The board of regents is also authorized, within its discretion, to locate, establish, control and operate directly, any state college of applied technology under this part.

§ 49-11-405. Local boards may assist schools.

(a) Any local board of education within the limitations of its official, adopted school budget may offer and pay to the board of regents the amount or amounts of unspent and uncommitted capital outlay funds or general purpose school funds that the local board of education may deem necessary to assist the board of regents in the establishment, construction and operation of any state college of applied technology established under this part.
(b) A board of education shall not use TISA funds or any local funds required by the TISA for purposes of this section.

§ 49-11-406. Grants of funds or property by local agencies.

(a) The board of regents is authorized to:
1. (1) Accept grants of funds from any county or municipality or from any public or private entity, to be used for the purposes authorized in this part; and
2. (2) Accept, purchase or lease from any local school system, or from any public or private entity, any school plant facilities or other property, including the land upon which the facilities or other property are located, that the board of regents may deem necessary in carrying out this part.
(b) Any local school system, upon a majority vote of its governing body, is authorized to donate, sell or lease to the board of regents, land or facilities, or both, or other property to be used for a state college of applied technology; provided, that the board of regents shall be vested with full, complete and clear title to the property that may be sold or donated to the board of regents.
(c) Any county or municipality, upon a majority vote of its governing body, is authorized to make an outright grant of funds to the board of regents for the purposes authorized in this part.

§ 49-11-407. Utilization of existing centers.

The board of regents is authorized to accept any state college of applied technology already established and to utilize the center as one (1) of the state colleges of applied technology that the board may establish under this part.

§ 49-11-408. Expenditure of funds.

To the end that it is the intent of the general assembly, and it is expressly declared, that there shall be a unified, overall program of vocational-technical education and technical training in this state, including all vocational purposes, all state colleges of applied technology, all vocational and technical training programs, and including the vocational education training program, title 8 of the National Defense Education Act of 1958 (P.L. 85-864, 72 Stat. 1597) program, the Area Redevelopment Act of 1961 (P.L. 87-27, 75 Stat. 47) program, and the Manpower Development and Training Act of 1962 (P.L. 87-415, 76 Stat. 23) program, the board of regents is authorized to expend or obligate, or both, for the purposes of this part:
1. (1) Funds that are appropriated or may be appropriated by the general assembly for the purposes of this part;
2. (2) Federal funds that are available or may be made available for the purposes of this part; and
3. (3) Local funds or contributions that may be made available for the purposes of this part.

§ 49-11-409. Administrative expenditures.

The board of regents is authorized and empowered to expend for the necessary administration of this part any funds that may be appropriated, received or allocated to carry out the purposes of this part.

§ 49-11-410. Construction with other statutes.

This part shall prevail, notwithstanding any provisions to the contrary in any other act of the general assembly.

§ 49-11-411. Partnership with LEA.

(a) By the 2023-2024 school year, each state college of applied technology shall establish partnerships with each LEA that is located in the county in which the main campus of the state college of applied technology is located to provide early post-secondary opportunities for students enrolled in a high school in the LEA. Early post-secondary opportunities may include, but are not limited to, dual enrollment, dual credit, a middle college program, or any combination thereof. Early post-secondary opportunities may be provided through traditional classroom instruction, online or virtual instruction, blended learning, or other educationally appropriate methods.
(b) The general assembly encourages the board of regents to expand the presence of state colleges of applied technology in each county within this state to provide greater early post-secondary opportunities for students enrolled in a high school in an LEA, including offering non-credit training, courses, and programs, when practicable.

Part 5 Technical Community College Pilot Program [Repealed]

§ 49-11-501. [Repealed]

§ 49-11-502. [Repealed]

Part 6 Vocational Rehabilitation Law of Tennessee

§ 49-11-601. Short title.

This part shall be known and may be cited as the “Vocational Rehabilitation Law of Tennessee.”

§ 49-11-602. Part definitions.

As used in this part, unless the content otherwise requires:
1. (1) “Commissioner” means the commissioner of human services;
2. (2) “Department” means the department of human services;
3. (3) “Director” means director of the vocational rehabilitation program;
4. (4) “Division” means the division of rehabilitation services;
5. (5)
  1. (A) “Eligible individual with a disability,” when used with respect to diagnostic and related services, training, guidance and placement, means any person with a disability who is a bona fide resident of this state at the time of application, whose vocational rehabilitation is determined feasible by the division;
  2. (B) When used with respect to other rehabilitation services, “eligible individual with a disability” means an individual meeting the requirements of subdivision (5)(A) who is also found by the division to require financial assistance with respect to rehabilitation services, after full consideration of the individual's eligibility for any similar benefit by the way of pension, compensation and insurance;
6. (6) “Establishment of a rehabilitation facility” means the expansion, remodeling, or alteration of existing buildings, and initial equipment of the buildings, necessary to adapt the buildings to rehabilitation facility purposes or to increase the buildings' effectiveness for rehabilitation purposes and initial staffing of the facility;
7. (7) “Individual with a disability” means an individual of employable age who has a disability that constitutes a substantial barrier to employment, but that is of such a nature that appropriate vocational rehabilitation services may reasonably be expected to:
  1. (A) Render the individual able to engage in a remunerative occupation; or
  2. (B) Enable the individual to wholly or substantially achieve such ability of independent living as to dispense with the need of institutional care or to dispense or largely dispense with the need of an attendant at home;
    1 Backlink
    
    49-11-607(e)
8. (8) “Maintenance” means the provision of money to cover a handicapped individual's necessary living expenses and health maintenance essential to achieving the handicapped individual's vocational rehabilitation;
9. (9) “Nonprofit,” when used with respect to a rehabilitation facility or a workshop, means a rehabilitation facility and a workshop, respectively, owned and operated by a corporation or association, no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual and the income of which is exempt from taxation under § 501 of the Internal Revenue Code of 1954 (26 U.S.C. § 501);
10. (10) “Physical restoration” includes:
  1. (A) Corrective surgery or therapeutic treatment necessary to correct or substantially modify a physical or mental condition that is stable or slowly progressive and:
    1. (i) Constitutes a substantial barrier to employment; or
    2. (ii) Necessitates institutional care or attendant care, but is of such a nature that the correction or modification may reasonably be expected to eliminate or substantially reduce the barrier within a reasonable length of time and includes psychiatric treatment, dentistry, physical therapy, occupational therapy, speech or hearing therapy, treatment of medical complications and emergencies that are associated with or arise out of physical restoration services or are inherent in the conditions under treatment, and other medical services related to rehabilitation;
  2. (B) Necessary hospitalization, either in patient or out patient, nursing or rest home care, in connection with surgery or treatment specified in subdivision (10)(A); and
  3. (C) Prosthetic devices essential to:
    1. (i) Obtaining or retaining employment; or
    2. (ii) Achieving such ability of independent living as to dispense with the need for expensive institutional care or dispense with or largely dispense with the need of an attendant at home;
11. (11) “Prosthetic appliance” means any appliance designed to support or take the place of a part of the body or to increase the acuity of a sensory organ;
12. (12) “Rehabilitation facility” means a facility operated for the primary purpose of assisting in the rehabilitation of physically handicapped individuals:
  1. (A) That provides one (1) or more of the following types of services:
    1. (i) Testing, fitting or training in the use of prosthetic devices;
    2. (ii) Pre-vocational or conditioning therapy;
    3. (iii) Physical or occupational therapy;
    4. (iv) Adjustment training; or
    5. (v) Evaluation or control of special disabilities; or
  2. (B) Through which is provided an integrated program of medical, psychological, social and vocational evaluation and services under competent professional supervision;
13. (13) “Remunerative occupation” includes employment as an employee or self-employed, practice of a profession, homemaking or farm and family work for which payment is in kind rather than cash, sheltered employment and home industry or other homebound work of a remunerative nature;
14. (14) “Vocational rehabilitation” means making an individual able, or increasing the individual's ability, to:
  1. (A) Engage in a remunerative occupation; or
  2. (B) Dispense with or largely dispense with the need of an attendant at home or expensive institutional care, through providing the individual needed vocational rehabilitation services; and
15. (15) “Vocational rehabilitation services” means:
  1. (A) Diagnostic and related services, including transportation, incidental to the determination of whether an individual is a handicapped individual, and if so, the individual's eligibility for, and the nature and scope of, other vocational rehabilitation services to be provided; and
  2. (B) The following services provided eligible handicapped individuals needing the services:
    1. (i) Training;
    2. (ii) Guidance;
    3. (iii) Placement;
    4. (iv) Maintenance, not exceeding the estimated costs of subsistence during vocational rehabilitation;
    5. (v) Occupational licenses, tools, equipment, initial stocks and supplies, including equipment and initial stocks and supplies for vending stands, books and training materials;
    6. (vi) Transportation, other than provided as diagnostic and related services; and
    7. (vii) Physical restoration.

5 Backlinks

§ 49-11-603. Division of rehabilitation services and office of director of vocational rehabilitation program established.

(a)
1. (1) The division of rehabilitation services and the office of director of the vocational rehabilitation program, the incumbent of which is called the director in this section, are established.
2. (2) The director must be appointed, in accordance with established personnel standards, on the basis of the person's training, experience, and demonstrated ability in the field of vocational rehabilitation, or related fields, and is the head of the vocational rehabilitation program.
(b) Except as may be otherwise provided with respect to the blind, the division shall be the sole agency to supervise and administer vocational rehabilitation services authorized by this part under the state plan formulated and administered pursuant to this part, except the part or parts thereof may be administered in a political subdivision or subdivisions of this state by a sole local agency of the subdivision, and the division shall be the sole agency to supervise the local agency or agencies in the administration of such part or parts.
(c)
1. (1) The director shall prepare, conformable to this part, the proposed regulations and a proposed state plan of vocational rehabilitation and, from time to time, prepare proposed changes that appear to be necessary or desirable.
2. (2) Upon approval by the department, the proposals constitute the state plan and state regulations.

§ 49-11-604. Administration.

(a) The department is authorized to adopt and promulgate regulations with respect to methods of administration, use of medical and other records of individuals who have been provided vocational rehabilitation services and the establishment and maintenance of personnel standards, including provisions relating to the tenure, appointment and qualifications of personnel, which shall govern with respect to such matters notwithstanding any other law; however, such activities must conform with applicable rules and regulations of the department of human resources.
(b) The department is also authorized and directed to adopt and promulgate regulations respecting:
1. (1) The establishment and maintenance of minimum standards governing the facilities and personnel utilized in the provision of vocational rehabilitation services; and
2. (2) The order to be followed in selecting those to whom vocational rehabilitation services are to be provided in situations where such services cannot be provided to all eligible physically handicapped people.
(c) Pursuant to the general policies of the department, the director and the division are authorized to:
1. (1) Cooperate with and utilize services of the state agency or agencies administering the state's public assistance program, the federal social security administration, United States department of health and human services and other federal, state and local public agencies providing services relating to vocational rehabilitation and with the state system of public employment offices in this state, and shall make maximum feasible utilization of the job placement and employment counseling services and other services and facilities of such offices;
2. (2) Cooperate with political subdivisions and other public and nonprofit organizations and agencies in their establishment of rehabilitation facilities and, to the extent feasible in providing vocational rehabilitation services, shall utilize all such facilities meeting the standards established by the board;
3. (3) Enter into contractual arrangements with the federal social security administration with respect to certifications of disability and performance of other services and with other authorized public agencies for performance of services related to vocational rehabilitation for such agencies; and
4. (4) Contract with schools, hospitals and other agencies, and with doctors, nurses, technicians and other persons, for training, physical restoration, transportation and other vocational rehabilitation services.
(d) The department shall administer and expend annual appropriations of state funds for vocational rehabilitation, in accordance with a state plan for vocational rehabilitation, approved by the social and rehabilitation services of the United States department of health and human services.

§ 49-11-605. Cooperation with federal government.

(a) The department shall cooperate, pursuant to agreements with the federal government in carrying out the purposes of any federal statutes pertaining to vocational rehabilitation, and is authorized to adopt such methods of administration as are found by the federal government to be necessary for the proper and efficient operation of the agreements or plans for vocational rehabilitation and to comply with conditions that may be necessary to secure the full benefits of the federal statutes.
(b) The department may perform functions and services for the federal government relating to individuals under a physical or mental disability, the services and the individuals to be in addition to those enumerated in parts 6 and 7 of this chapter.

§ 49-11-606. Cooperation in administering workers' compensation laws.

(a) The department shall formulate a plan of cooperation in accordance with federal acts and this part with respect to the administration of the workers' compensation or liability laws.
(b) The plan may provide for full or partial recovery of any expenditures made by the division on behalf of a client with respect to treatment, therapy, medical or hospital services, prosthetic or orthotic devices or any payments that otherwise shall be provided or covered under § 50-6-204. Recovery may be from the client's employer if self-insured or from the employer's workers' compensation insurance carrier.

§ 49-11-607. Scope of rehabilitation services — Funding.

(a) All rehabilitation services, as defined in this part, may be provided to eligible individuals with disabilities; and in any event, the services shall include training, maintenance, placement, guidance and physical restoration services.
(b)
1. (1) Within the limits and under the conditions that may be specified in appropriations for rehabilitation facilities, the department may establish rehabilitation facilities.
2. (2) Appropriations, federal grants and donations for vocational rehabilitation services, unless otherwise restricted, shall be available for all vocational rehabilitation services provided under the state plan and for the acquisition of vending stands or other equipment and initial stocks and supplies for use by individuals with severe disabilities in any type of small business, the operation of which will be improved through management and supervision by the division.
(c) State appropriations and donations for vocational rehabilitation shall likewise be available for the purpose, whenever federal funds are made available to the state under any federal statute, for initiating projects for the extension and improvement of vocational rehabilitation services or for projects for research, demonstrations, training and traineeships, and for planning for and initiating expansion of vocational rehabilitation services under the state plan.
(d)
1. (1) The acceptance of federal and other funds, and their use for vocational rehabilitation, subject to restrictions that may be imposed by the donor and that are not inconsistent with this part, is authorized.
2. (2) Funds appropriated by the general assembly for that purpose may be used to match the federal funds and private funds.
(e) The division shall not expend funds appropriated to it for the rehabilitation of individuals with disabilities as defined in § 49-11-602(7)(B), but may, from division funds, defray administration and counseling and guidance expenses only; provided, that other state agencies or local governments or private sources may make their funds available to the division so as to obtain federal aid or funds to purchase rehabilitation services for the rehabilitation of individuals with disabilities.

§ 49-11-608. Gifts.

The department is empowered to receive gifts and donations from either public or private sources, as may be offered unconditionally or under conditions related to vocational rehabilitation of persons disabled in industry or otherwise that are proper and consistent with this part. All the moneys received as gifts or donations shall be deposited with the state treasurer and shall constitute a permanent fund to be called a special fund for vocational rehabilitation of disabled persons, to be used by the department to defray the expenses of vocational rehabilitation in special cases, including the payment of necessary expenses of persons undergoing training. A full report of gifts and donations offered and accepted, together with the names of the donors and the respective amounts contributed by each, and all disbursements therefrom shall be submitted annually to the governor.

§ 49-11-609. Custody of funds — Disbursement.

The state treasurer is appointed custodian for the funds for vocational rehabilitation as provided by the laws of this state and shall receive and provide for the custody of the funds that may come from the federal government and from other sources for vocational rehabilitation, together with the state funds appropriated for this purpose. The state treasurer shall disburse the funds on the order of the commissioner.

§ 49-11-610. Eligibility for services.

Vocational rehabilitation services shall be provided to any individual with a disability in accordance with a policy or policies promulgated by the department:
1. (1) Whose vocational rehabilitation the director determines, after full investigation, can be satisfactorily achieved; or
2. (2) Who is eligible for vocational rehabilitation under the terms of an agreement with the federal government.

§ 49-11-611. Maintenance not assignable — Exempt from claims.

The right of a disabled individual to maintenance under this part shall not be transferable or assignable at law or in equity and shall be exempt from the claims of creditors.

§ 49-11-612. Hearings.

Any individual applying for or receiving vocational rehabilitation services who is aggrieved by any action of the division is entitled, in accordance with regulations, to a fair hearing, before a hearing officer.

§ 49-11-613. Confidentiality of records.

(a) It is unlawful, except for purposes directly connected with the administration of the vocational rehabilitation program and in accordance with regulations, for any person or persons to solicit, disclose, receive or make use of, or authorize, knowingly permit, participate in, or acquiesce in the use of any list of or names of, or any information concerning, persons applying for or receiving vocational rehabilitation, directly or indirectly derived from the records, papers, files or communications of the state or subdivisions or agencies of the state or acquired in the course of the performance of official duties.
(b) A violation of this section is a Class C misdemeanor.

§ 49-11-614. Legislative power reserved.

(a) The general assembly reserves the right to amend or repeal all or any part of this part at any time. There shall be no vested private right of any kind against such amendment or repeal.
(b) All the rights, privileges or immunities conferred by this part or by acts done pursuant to this part shall exist subject to the power of the general assembly to amend or repeal such sections at any time.

Part 7 Community-Based Vocational Rehabilitation Services

§ 49-11-701. Construction with other statutes.

(a) This part is intended to be supplemental to chapter 10, parts 1-7 of this title and parts 6 and 8 of this chapter and, insofar as those parts are not inconsistent with the purposes of this part, they shall govern the administration of the program of community-based vocational rehabilitation services established in this part; but where inconsistent, this part shall govern the administration of the program.
(b) This part applies only to community-based vocational rehabilitation services established pursuant to this part and does not apply in any manner to the statewide comprehensive rehabilitation and training center at Smyrna established pursuant to part 8 of this chapter.

§ 49-11-702. Part definitions.

As used in this part, unless the context otherwise requires:
1. (1) “Advisory board” means the state advisory board for community-based vocational rehabilitation services;
2. (2) “Commissioner” means the commissioner of human services;
3. (3) “Community-based vocational rehabilitation services” means vocational rehabilitation services provided by the vocational rehabilitation program in partnership with the local community as authorized under this part;
4. (4) “Department” means the department of human services;
5. (5) “Director” means director of the vocational rehabilitation program;
6. (6) “Division” means the division of rehabilitation services; and
7. (7) “Rehabilitation center” or “center” means a rehabilitation center authorized under this part.

§ 49-11-703. Community-based vocational rehabilitation services.

(a) The commissioner is authorized to establish a system of community-based vocational rehabilitation services for persons with disabilities based on the specific needs within the local community.
(b) The system must include community-based vocational rehabilitation services established wholly or in part by the department as determined by the commissioner, to support federally authorized rehabilitation services to eligible members of the community in response to local business or community needs.
(c) A program established to deliver community-based vocational rehabilitation services pursuant to this part is designated as the “Tennessee Vocational Rehabilitation Program at _____” (name of community where located).
(d)
1. (1) The department shall appoint a local advisory board for each community in which the department establishes community-based vocational rehabilitation services.
2. (2) The commissioner or the commissioner's designee, with the advice of the statewide advisory board, shall appoint the members of each local advisory board from among the citizens of the community where the services are provided.
3. (3) The boards must be composed of twelve (12) members, who must serve for staggered terms of four (4) years and must receive no compensation for their services.
4. (4) Wherever possible, each advisory board must include among its members representation from the professional fields of education, vocational rehabilitation, human services, employment security, psychology, law, and medicine. To achieve such representation, the commissioner or the commissioner's designee may appoint to such board state personnel from a field enumerated in this subdivision (d)(4) who are employed in or reside in a community where community-based vocational rehabilitation services are provided. When appointing members to the advisory board pursuant to this subsection (d), the commissioner or the commissioner's designee shall consider diversity.
5. (5) No more than two (2) members of a local advisory board may be parents of an individual with a disability.
(e) Each local advisory board has the following responsibilities:
1. (1) Provide advice, in cooperation with vocational rehabilitation program staff and the department, regarding the operation of the rehabilitation services program and the customers served in the board's community;
2. (2) Assist, in coordination with the public school system, the provision of services for students with disabilities in preparation for post-secondary education or employment after high school;
3. (3) Promote community support and education concerning persons with disabilities and their employment;
4. (4) Provide placement coordination in the local community for the development of employment opportunities for persons with disabilities; and
5. (5) Assist vocational rehabilitation program staff in presenting the proposed local operating budget to the proper local officials for certification.
(f) Customers of community-based vocational services established pursuant to this part are not considered state employees. Funds paid to these customers for employment must be paid in accordance with all federal vocational rehabilitation program requirements.

§ 49-11-704. Advisory board.

(a) In order to coordinate the activities of the community-based vocational rehabilitation services program and to advise the commissioner and to better acquaint the public with the needs and activities of the program, the commissioner is authorized to create a statewide advisory board for the community-based vocational rehabilitation services program to be composed of sixteen (16) members as follows:
1. (1) There shall be one (1) ex officio member from each of the following departments and agencies of state government:
  1. (A) The department of mental health and substance abuse services;
  2. (B) The department of labor and workforce development;
  3. (C) The department of human services;
  4. (D) The division of rehabilitation services of the department of human services;
  5. (E) The department of education;
  6. (F) One (1) established board or taskforce recognized by the state and charged with focusing on the employment of individuals with disabilities; and
  7. (G) The department of intellectual and developmental disabilities; and
2. (2) The remaining nine (9) members shall be appointed by the commissioner from among private organizations and agencies concerned with persons with disabilities, to serve for staggered terms of four (4) years each. In appointing the nine (9) remaining members to the board, to the extent possible, the assistant commissioner shall appoint the board's members to ensure appropriate representation on the board based upon gender and ethnicity.
(b) It is the duty of the advisory board to consider and advise the commissioner and the division on broad problems and policies, to review periodically the progress of the community-based vocational rehabilitation services program, and to help maintain coordination between the vocational rehabilitation program and the related programs of the organizations and agencies represented on the board.
(c)
1. (1) Members of the advisory board shall meet at least annually and at other times that may be necessary, upon call of the director of the vocational rehabilitation program, and shall receive no compensation for their services.
2. (2) The appointed members shall be entitled to reimbursement for their expenses incurred in traveling to and from meetings, in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
(d) The commissioner, through the division, shall, with the advice and assistance of the advisory board, set and enforce standards for the delivery of community-based vocational rehabilitation services, assist communities in organizing community-based vocational rehabilitation services, develop and administer contractual arrangements between the community and the division, and develop partnerships with industry on a local, statewide, and national basis in order to provide the types of training and work experience most needed by customers to prepare them for competitive, integrated employment in accordance with all federal vocational rehabilitation program requirements.
(e)
1. (1) The advisory board is transferred to the department. All functions of the advisory board are administered by and shall be under the control of the commissioner.
2. (2) The commissioner shall perform all such duties and has the responsibilities heretofore vested in the advisory board and the state board of education in accordance with this part.
3. (3) All rules, regulations, orders and decisions issued or promulgated by the advisory board prior to February 21, 1989, shall remain in full force and effect and be administered and enforced by the department. To this end, the department, through its chief executive officer, has the authority, consistent with the statutes and regulations pertaining to the programs and functions transferred by this subsection (e) and other provisions in chapter 4 of the Public Acts of 1989, to modify or rescind orders or rules and regulations issued prior to February 21, 1989, and to adopt, issue or promulgate new orders or rules and regulations as may be necessary for the administration of the program or function transferred by this subsection (e) and other provisions in chapter 4 of the Public Acts of 1989.

2 Backlinks

§ 49-11-705, 49-11-706. [Reserved.]

§ 49-11-707. Services provided.

The division of rehabilitation services is authorized, with the approval of the commissioner and in accordance with all federal vocational rehabilitation program requirements, to contract with any public or private entity to provide services to customers who receive community-based vocational rehabilitation services. The division of rehabilitation services shall comply with all requirements of Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.) in the award and administration, pursuant to this section, of any contracts for services to clients of the division.

§ 49-11-708. Personnel.

In order to carry out the purposes and functions of the community-based vocational rehabilitation services program, the department is authorized, with the approval of the appropriate state officials, to establish the appropriate positions and employ the personnel necessary to administer the program effectively and efficiently.

§ 49-11-709. Funding.

(a)
1. (1) The commissioner, through the division, is authorized to contract with the appropriate agencies of the federal government to secure the maximum benefits under current federal legislation concerning vocational rehabilitation, and to cooperate with the agencies in the adoption of methods of administration and the meeting of conditions that are necessary in order to secure the benefits.
2. (2) The commissioner, through the division, is authorized to accept local tax funds for the purposes of this part by direct transfer from local governmental units and to use the funds to match the federal funds that may be available under current federal legislation to finance the purposes of this part. When the local and federal funds are received, they shall be used for financing the rehabilitation centers authorized by this part; provided, that each center shall be entitled to receive no more than one dollar ($1.00) from the division for each thirty cents (30¢) transferred to the division by the local governmental unit supporting the center; provided, further, that any remaining funds thereafter shall be used by the division to pay administrative expenses as provided for in § 49-11-704 and other program costs, including, but not limited to, case services to trainees. The division is not liable for the payment of any funds to a rehabilitation center or centers other than the funds that may accrue from the local tax funds and federal funds as described in this subdivision (a)(2). In hardship cases, the division, when authorized by the commissioner, may make reasonable payments not in excess of five percent (5%) over the amounts authorized in this subdivision (a)(2); provided, that the funds are available to the division and are not otherwise encumbered or committed.
(b) Each rehabilitation center shall pay into a fund for the use of all of the rehabilitation centers a reasonable amount, as determined by the commissioner, of any gross income from contract work, which reasonable amount shall not exceed twenty-five percent (25%) of the gross income. The sums, when paid to the division, shall be deposited as public funds to be used in developing other centers and to cover expenditures not specified in the budget or budgets of a local center or centers, and to assist any and all of the centers to secure the necessary equipment and machinery to increase rehabilitation services to persons with disabilities and to guarantee withholding payments for purposes of participation in the social security program of clients in sheltered employment status.
(c)
1. (1) There is established a trust fund for the division to be held and controlled by the commissioner, into which trust fund any individual, organization, agency or institution, either public or private, may make contributions to be used by the division to provide rehabilitation services to Tennesseans with intellectual and other severe disabilities.
2. (2) The funds in the trust fund shall be considered public funds and may be used to match any federal funds to serve people with intellectual and other severe disabilities in this state.

Part 8 Statewide Comprehensive Rehabilitation and Training Center at Smyrna

§ 49-11-801. Establishment.

The division of rehabilitation services is authorized to establish and operate a statewide comprehensive rehabilitation and training center at Smyrna.

§ 49-11-802. “Statewide comprehensive rehabilitation and training center” defined.

“Statewide comprehensive rehabilitation and training center” means a resident facility for people with disabilities where they may be provided rehabilitation services, including, but not limited to, physical and occupational therapy, vocational evaluation, personal and social evaluation, personal adjustment training and work conditioning and, where both resident and nonresident persons with disabilities and persons without disabilities not in residence may be provided evaluation and testing, counseling and guidance, and vocational training.

§ 49-11-803. Funds.

(a) The general assembly shall appropriate each year funds that may be necessary for the operation of the statewide comprehensive rehabilitation and training center.
(b) The center shall utilize federal funds when the funds are available to the extent possible.
(c) The state shall appropriate annually whatever additional funds are necessary to carry out the program.
(d) The salary schedules for licensed teachers in the statewide comprehensive rehabilitation and training center shall be reasonably comparable to those currently in effect in the LEAs where the respective institution is located. The salary adjustments required by this subsection (d) shall be funded through the existing resources of the department of human services.

§ 49-11-804. Jurisdiction and nature of center.

(a) The statewide comprehensive rehabilitation and training center shall accept clients from anywhere in the state.
(b) No person shall become a permanent resident of the center, since it is not an institution in the sense of providing custodial care, but rather is a place to prepare people with disabilities for gainful employment.

§ 49-11-805. Vocational technical school.

(a) As a part of the statewide comprehensive rehabilitation and training center, there is authorized a vocational technical school operated by the division of vocational education under the general direction of the administrator of the center.
(b) Funding for the training shall also be provided by appropriations to the division of vocational technical education.

Part 9 Work-Based Learning

§ 49-11-901. Part definitions.

As used in this part:
1. (1) “Grant” means a qualified work-based learning grant issued pursuant to this part;
2. (2) “Grant fund” means the qualified work-based learning grant fund established by § 49-11-903;
3. (3) “Program operator” means a nonprofit entity that has entered into an agreement with THEC to administer the program established by this part;
4. (4) “Qualified work-based learning student” means a student who is sixteen (16) years of age or older, enrolled in:
  1. (A) A Tennessee public high school, and participating in a work-based learning course for academic credit or credit toward completion of a career and technical education program; or
  2. (B) A middle college program, as defined in § 49-4-902, and participating in a work-based learning course for academic credit;
5. (5) “THEC” means the Tennessee higher education commission; and
6. (6) “Work-based learning” means the application of academic and technical knowledge in a work setting that involves actual work experience.

§ 49-11-902. Maintenance of student accident insurance coverage — Making information available to LEAs and employers.

(a) Each LEA implementing work-based learning shall maintain student accident insurance coverage.
(b) The department of education, in coordination with the department of labor and workforce development, the bureau of workers' compensation, and the department of economic and community development, shall make information available to employers and LEAs on applicable wage and hour laws, child labor laws, safety and health laws, workers' compensation, accident insurance, and liability insurance.

§ 49-11-903. Qualified work-based learning grant program — Fund — Program operator.

(a) THEC shall establish and administer a qualified work-based learning grant program to incentivize employer participation in work-based learning and to assist employers with costs associated with work-based learning.
(b) There is created a separate fund within the general fund to be known as the qualified work-based learning grant fund.
(c) The grant fund is composed of:
1. (1) Funds specifically appropriated by the general assembly for the grant fund; and
2. (2) Gifts, grants, and other donations received for the grant fund.
(d) Moneys in the grant fund must be invested by the state treasurer for the benefit of the grant fund in accordance with § 9-4-603. Interest accruing on investments and deposits of the grant fund must be returned to the grant fund and remain part of the grant fund.
(e) [Deleted by 2021 amendment.]
(f) [Deleted by 2021 amendment.]
(g) THEC shall select a program operator to administer the program established by this part and shall issue a grant from funds available in the qualified work-based learning grant fund to the program operator selected by THEC.

2 Backlinks

§ 49-11-904. Amount of grants.

(a) The grant amount allowed under this part shall be limited to five thousand dollars ($5,000) per employer in any calendar year.
(b) The total amount of grants provided to employers under this part shall not exceed one million dollars ($1,000,000) for any calendar year.

§ 49-11-905. Eligibility for qualified work-based learning grant.

To be eligible for a qualified work-based learning grant, an employer who accepts or employs a qualified work-based learning student must submit an application to the program operator on a form prescribed by the program operator, along with any supporting documentation required by the program operator. The program operator shall establish a formal process and deadline for receiving an employer's application. An employer that fails to submit an application by the program operator's established deadline shall not receive any grant allowed under this part. THEC may develop policies and procedures to approve applications.

§ 49-11-906. Promulgation of rules.

THEC may promulgate rules to effectuate the purposes of this part in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

§ 49-11-907. Application fee.

The program operator may establish an application fee sufficient to offset the costs of administering this part, subject to approval by THEC.

§ 49-11-908. Audits of program operator.

As a condition of receiving funds from THEC pursuant to this part, the program operator must agree to submit to audits by the comptroller of the treasury.

§ 49-11-909. Credits for work-based learning program.

In a work-based learning program, a maximum of three (3) credits may be earned in one (1) school year. At least one (1) credit must be earned through related classroom experience, which must include a minimum of two (2) periods per week of classroom instruction. A minimum of ten (10) hours per week of supervised work experience is required for one (1) additional credit, and a minimum of twenty (20) hours per week is required for two (2) additional credits. Students earning credits for work experience must be supervised by a certified work-based learning coordinator. Work-based learning programs must adhere to all state and federal child labor laws.

Chapter 12 Interstate Compacts

Part 1 Southern Regional Education Compact

§ 49-12-101. Compact.

On February 8, 1948, the state of Tennessee and the states of Florida, Maryland, Georgia, Louisiana, Alabama, Mississippi, Arkansas, North Carolina, South Carolina, Texas, Oklahoma, West Virginia, and the commonwealth of Virginia, through and by their respective governors, entered into a written compact relative to the development and maintenance of regional educational services and schools in the southern states in the professional, technological, scientific, literary, and other fields, so as to provide greater educational advantages and facilities for the citizens of the several states who reside within such region.
The compact, as amended is as follows:
1. 1. THE REGIONAL COMPACT
    1. WHEREAS, the states who are parties hereto have during the past several years conducted a careful investigation looking toward the establishment and maintenance of jointly owned and operated regional educational institutions in the southern states in the professional, technological, scientific, literary and other fields, so as to provide greater educational advantages and facilities for the citizens of the several states who reside within such region; and
    2. WHEREAS, Meharry Medical College, of Nashville, Tennessee, has proposed that its lands, buildings, equipment, and the net income from its endowment be turned over to the southern states, or to an agency acting in their behalf, to be operated as a regional institution for medical, dental and nursing education upon terms and conditions to be hereafter agreed upon between the southern states and Meharry Medical College, which proposal, because of the present financial condition of the institution, has been approved by the states who are parties hereto; and
    3. WHEREAS, the states desire to enter into a compact with each other providing for the planning and establishment of regional educational facilities;
    4. NOW, THEREFORE, in consideration of the mutual agreements, covenants and obligations assumed by the respective states who are parties hereto (hereinafter referred to as “states”), the several states do hereby form a geographical district or region consisting of the areas lying within the boundaries of the contracting states which, for the purposes of this compact, shall constitute an area for regional education supported by public funds derived from taxation by the constituent states and derived from other sources for the establishment, acquisition, operation and maintenance of regional educational schools and institutions for the benefit of citizens of the respective states residing within the region so established as may be determined from time to time in accordance with the terms and provisions of this compact.
    5. The states do further hereby establish and create a joint agency which shall be known as the board of control for southern regional education (hereinafter referred to as the “board”), the members of which board shall consist of the governor of each state ex officio and four (4) additional citizens of each state to be appointed by the governor thereof, at least one (1) of whom shall be selected from the field of education, and at least one (1) of whom shall be a member of the legislature of the state. The governor shall continue as a member of the board during his tenure of office as governor of the state, but the members of the board appointed by the governor shall hold office for a period of four (4) years, except that in the original appointments one (1) board member so appointed by the governor shall be designated at the time of his appointment to serve an initial term of two (2) years, one (1) board member to serve an initial term of three (3) years, and the remaining board member to serve the full term of four (4) years, but thereafter the successor of each appointed board member shall serve the full term of four (4) years. Vacancies on the board caused by death, resignation, refusal or inability to serve shall be filled by appointment by the governor for the unexpired portion of the term. If the member of the board who represents the legislature discontinues service in the legislature for any reason, he shall be dropped from membership on the board, and a vacancy will occur. The officers of the board shall be a chair, a vice chair, a secretary, a treasurer, and such additional officers as may be created by the board from time to time. The board shall meet annually and officers shall be elected to hold office until the next annual meeting. The board shall have the right to formulate and establish bylaws consistent with the provisions of this compact to govern its own actions in the performance of the duties delegated to it, including the right to create and appoint an executive committee and a finance committee with such powers and authority as the board may delegate to them from time to time. The board may, within its discretion, elect as its chair a person who is not a member of the board, provided such person resides within a signatory state, and upon such election such person shall become a member of the board with all the rights and privileges of such membership.
    6. It is the duty of the board to submit plans and recommendations to the states from time to time for their approval and adoption by appropriate legislative action for the development, establishment, acquisition, operation and maintenance of educational schools and institutions within the geographical limits of the regional area of the states, of such character and type and for such educational purposes, professional, technological, scientific, literary or otherwise, as they may deem and determine to be proper, necessary or advisable. Title to all such educational institutions when so established by appropriate legislative actions of the states and to all properties and facilities used in connection therewith shall be vested in the board as the agency of and for the use and benefit of the states and the citizens thereof, and all such educational institutions shall be operated, maintained and financed in the manner herein set out, subject to any provisions or limitations which may be contained in the legislative acts of the states authorizing the creation, establishment and operation of such educational institutions.
    7. In addition to the power and authority heretofore granted, the board shall have the power to enter into such agreements or arrangements with any of the states and with educational institutions or agencies, as may be required in the judgment of the board, to provide adequate services and facilities for graduate, professional, and technical education for the benefit of the citizens of the respective states residing within the region, and such additional and general power and authority as may be invested in the board from time to time by legislative enactment of the states.
    8. Any two (2) or more states who are parties of this compact shall have the right to enter into supplemental agreements providing for the establishment, financing and operation of regional educational institutions for the benefit of citizens residing within an area which constitutes a portion of the general region herein created, such institutions to be financed exclusively by such states and to be controlled exclusively by the members of the board representing such states, provided such agreement is submitted to and approved by the board prior to the establishment of such institutions.
    9. Each state agrees that, when authorized by the legislature, it will from time to time make available and pay over to the boards such funds as may be required for the establishment, acquisition, operation and maintenance of such regional educational institutions as may be authorized by the states under the terms of this compact, the contribution of each state at all times to be in the proportion that its population bears to the total combined population of the states who are parties hereto as shown from time to time by the most recent official published report of the bureau of census of the United States, or upon such other basis as may be agreed upon.
    10. This compact shall not take effect or be binding upon any state unless and until it shall be approved by proper legislative action of as many as six (6) or more of the states whose governors have subscribed hereto within a period of eighteen (18) months from the date hereof. When and if six (6) or more states shall have given legislative approval to this compact within the eighteen-month period, it shall be and become binding upon such six (6) or more states sixty (60) days after the date of legislative approval by the sixth state and the governors of such six (6) or more states shall forthwith name the members of the board from their states as hereinabove set out, and the board shall then meet on call of the governor of any state approving this compact, at which time the board shall elect officers, adopt bylaws, appoint committees and otherwise fully organize. Other states whose names are subscribed hereto shall thereafter become parties hereto upon approval of this compact by legislative action within two (2) years from the date hereof, upon such conditions as may be agreed upon at the time. With respect to any state whose constitution may require amendment in order to permit legislative approval of the compact, such state or states shall become parties hereto upon approval of this compact by legislative action within seven (7) years from the date hereof, upon such conditions as may be agreed upon at the time.
    11. After becoming effective, this compact shall thereafter continue without limitation of time; provided, that it may be terminated at any time by unanimous action of the states; and provided further, that any state may withdraw from this compact if such withdrawal is approved by its legislature, such withdrawal to become effective two (2) years after written notice thereof to the board accompanied by a certified copy of the requisite legislative action, but such withdrawal shall not relieve the withdrawing state from its obligations hereunder accruing up to the effective date of such withdrawal. Any state so withdrawing shall ipso facto cease to have any claim to or ownership of any of the property held or vested in the board or to any of the funds of the board held under the terms of this compact.
    12. If any state shall at any time become in default in the performance of any of its obligations assumed herein or with the respect to any obligation imposed upon the state as authorized by and in compliance with the terms and provisions of this compact, all rights, privileges and benefits of such defaulting state, its members on the board and its citizens shall ipso facto be and become suspended from and after the date of such default. Unless such default shall be remedied and made good within a period of one (1) year immediately following the date of such default, this compact may be terminated with respect to such defaulting state by an affirmative vote of three fourths (¾) of the members of the board (exclusive of the members representing the state in default), from and after which time such state shall cease to be a party to this compact and shall have no further claim to or ownership of any of the property held by or vested in the board or to any of the funds of the board held under the terms of this compact, but such termination shall in no manner release such defaulting state from any accrued obligation or otherwise affect this compact or the rights, duties, privileges or obligations of the remaining states thereunder.
    13. IN WITNESS WHEREOF this compact has been approved and signed by the governors of the several states, subject to the approval of their respective legislatures in the manner hereinabove set out, as of the 8th day of February, 1948.

1 Backlink

4-29-248(a)(34)

Part 2 Compact for Education

§ 49-12-201. Compact.

The compact for education is hereby entered into and enacted into law with all jurisdictions legally joining therein, in the form substantially as follows:
1. COMPACT FOR EDUCATION
  1. Article I. Purpose and Policy.
    1. A. It is the purpose of this compact to:
      1. 1. Establish and maintain close cooperation and understanding among executive, legislative, professional, educational and lay leadership on a nationwide basis at the state and local levels.
      2. 2. Provide a forum for the discussion, development, crystallization and recommendation of public policy alternatives in the field of education.
      3. 3. Provide a clearing house of information on matters relating to educational problems and how they are being met in different places throughout the nation, so that the executive and legislative branches of state government and of local communities may have ready access to the experience and record of the entire country, and so that both lay and professional groups in the field of education may have additional avenues for the sharing of experience and the interchange of ideas in the formation of public policy in education.
      4. 4. Facilitate the improvement of state and local educational systems so that all of them will be able to meet adequate and desirable goals in a society which requires continuous qualitative and quantitative advance in educational opportunities, methods and facilities.
    2. B. It is the policy of this compact to encourage and promote local and state initiative in the development, maintenance, improvement and administration of educational systems and institutions in a manner which will accord with the needs and advantages of diversity among localities and states.
    3. C. The party states recognize that each of them has an interest in the quality and quantity of education furnished in each of the other states, as well as in the excellence of its own educational systems and institutions, because of the highly mobile character of individuals within the nation, and because the products and services contributing to the health, welfare and economic advancement of each state are supplied in significant part by persons educated in other states.
  2. Article II. State Defined.
    1. As used in this compact, “State” means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.
  3. Article III. The Commission.
    1. A. The education commission of the states, hereinafter called “the commission,” is hereby established. The commission shall consist of seven (7) members representing each party state. One (1) of such members shall be the governor; two (2) shall be members of the state legislature selected by its respective houses and serving in such manner as the legislature may determine; and four (4) shall be appointed by and serve at the pleasure of the governor, unless the laws of the state otherwise provide. If the laws of a state prevent legislators from serving on the commission, six (6) members shall be appointed by and serve at the pleasure of the governor, unless the laws of the state otherwise provide. In addition to any other principles or requirements which a state may establish for the appointment and service of its members of the commission, the guiding principle for the composition of the membership on the commission from each party state shall be that the members representing such state shall, by virtue of their training, experience, knowledge or affiliations be in a position collectively to reflect broadly the interests of the state government, higher education, the state education system, local education, lay and professional, public and nonpublic educational leadership. Of those appointees, one (1) shall be the head of a state agency or institution, designated by the governor, having responsibility for one (1) or more programs of public education. In addition to the members of the commission representing the party states, there may be not to exceed ten (10) nonvoting commissioners selected by the steering committee for terms of one (1) year. Such commissioners shall represent leading national organizations of professional educators or persons concerned with educational administration.
    2. B. The members of the commission shall be entitled to one (1) vote each on the commission. No action of the commission shall be binding unless taken at a meeting at which a majority of the total number of votes on the commission are cast in favor thereof. Action of the commission shall be only at a meeting at which a majority of the commissioners are present. The commission shall meet at least once a year. In its bylaws, and subject to such directions and limitations as may be contained therein, the commission may delegate the exercise of any of its powers to the steering committee or the executive director, except for the power to approve budgets or requests for appropriations, the power to make policy recommendations pursuant to Article IV and adoption of the annual report pursuant to Article III (J).
    3. C. The commission shall have a seal.
    4. D. The commission shall elect annually, from among its members, a chair, who shall be a governor, a vice chair and a treasurer. The commission shall provide for the appointment of an executive director. Such executive director shall serve at the pleasure of the commission, and together with the treasurer and such other personnel as the commission may deem appropriate, shall be bonded in such amount as the commission shall determine. The executive director shall be secretary.
    5. E. Irrespective of the civil service, personnel or other merit system laws of any of the party states, the executive director, subject to the approval of the steering committee, shall appoint, remove or discharge such personnel as may be necessary for the performance of the functions of the commission, and shall fix the duties and compensation of such personnel. The commission in its bylaws shall provide for the personnel policies and programs of the commission.
    6. F. The commission may borrow, accept or contract for the services of personnel from any party jurisdiction, the United States, or any subdivision or agency of the aforementioned governments, or from any agency of two (2) or more of the party jurisdictions or their subdivisions.
    7. G. The commission may accept for any of its purposes and functions under this compact any and all donations, and grants of money, equipment, supplies, materials and services, conditional or otherwise, from any state, the United States, or any other governmental agency, or from any person, firm, association, foundation or corporation, and may receive, utilize and dispose of the same. Any donation or grant accepted by the commission pursuant to this paragraph or services borrowed pursuant to paragraph (F) of this Article shall be reported in the annual report of the commission. Such report shall include the nature, amount and conditions, if any, of the donation, grant, or services borrowed, and the identity of the donor or lender.
    8. H. The commission may establish and maintain such facilities as may be necessary for the transacting of its business. The commission may acquire, hold, and convey real and personal property and any interest therein.
    9. I. The commission shall adopt bylaws for the conduct of its business and shall have the power to amend and rescind these bylaws. The commission shall publish its bylaws in convenient form and shall file a copy thereof and a copy of any amendment thereto, with the appropriate agency or officer in each of the party states.
    10. J. The commission annually shall make to the governor and legislature of each party state a report covering the activities of the commission for the preceding year. The commission may make such additional reports as it may deem desirable.
  4. Article IV. Powers.
    1. In addition to authority conferred on the commission by other provisions of the compact, the commission shall have authority to:
      1. 1. Collect, correlate, analyze and interpret information and data concerning educational needs and resources.
      2. 2. Encourage and foster research in all aspects of education, but with special reference to the desirable scope of instruction, organization, administration, and instructional methods and standards employed or suitable for employment in public educational systems.
      3. 3. Develop proposals for adequate financing of education as a whole and at each of its many levels.
      4. 4. Conduct or participate in research of the types referred to in this article in any instance where the commission finds that such research is necessary for the advancement of the purposes and policies of this compact, utilizing fully the resources of national associations, regional compact organizations for higher education, and other agencies and institutions, both public and private.
      5. 5. Formulate suggested policies and plans for the improvement of public education as a whole, or for any segment thereof, and make recommendations with respect thereto available to the appropriate governmental units, agencies and public officials.
      6. 6. Do such other things as may be necessary or incidental to the administration of any of its authority or functions pursuant to this compact.
  5. Article V. Cooperation with Federal Government.
    1. A. If the laws of the United States specifically so provide, or if administrative provision is made therefor within the federal government, the United States may be represented on the commission by not to exceed ten (10) representatives. Any such representative or representatives of the United States shall be appointed and serve in such manner as may be provided by or pursuant to federal law, and may be drawn from any one (1) or more branches of the federal government, but no such representative shall have a vote on the commission.
    2. B. The commission may provide information and make recommendations to any executive or legislative agency or officer of the federal government concerning the common educational policies of the states, and may advise with any such agencies or officers concerning any matter of mutual interest.
  6. Article VI. Committees.
    1. A. To assist in the expeditious conduct of its business when the full commission is not meeting, the commission shall elect a steering committee of thirty-two (32) members which, subject to the provisions of this compact and consistent with the policies of the commission, shall be constituted and function as provided in the bylaws of the commission. One fourth (¼) of the voting membership of the steering committee shall consist of governors, one fourth (¼) shall consist of legislators, and the remainder shall consist of other members of the commission. A federal representative on the commission may serve with the steering committee, but without vote. The voting members of the steering committee shall serve for terms of two (2) years, except that members elected to the first steering committee of the commission shall be elected as follows: sixteen (16) for one (1) year and sixteen (16) for two (2) years. The chair, vice chair, and treasurer of the commission shall be members of the steering committee and, anything in this paragraph to the contrary notwithstanding, shall serve during their continuance in these offices. Vacancies in the steering committee shall not affect its authority to act, but the commission at its next regularly ensuing meeting following the occurrence of any vacancy shall fill it for the unexpired term. No person shall serve more than two (2) terms as a member of the steering committee; provided, that service for a partial term of one (1) year or less shall not be counted toward the two-term limitation.
    2. B. The commission may establish advisory and technical committees composed of state, local, and federal officials, and private persons to advise it with respect to any one (1) or more of its functions. Any advisory or technical committee may, on request of the states concerned, be established to consider any matter of special concern to two (2) or more of the party states.
    3. C. The commission may establish such additional committees as its bylaws may provide.
  7. Article VII. Finance.
    1. A. The commission shall advise the governor or designated officer or officers of each party state of its budget and estimated expenditures for such period as may be required by the laws of that party state. Each of the commission's budgets of estimated expenditures shall contain specific recommendations of the amount or amounts to be appropriated by each of the party states.
    2. B. The total amount of appropriation requests under any budget shall be apportioned among the party states. In making such apportionment, the commission shall devise and employ a formula which takes equitable account of the populations and per capita income levels of the party states.
    3. C. The commission shall not pledge the credit of any party states. The commission may meet any of its obligations in whole or in part with funds available to it pursuant to Article III (G) of this compact; provided, that the commission takes specific action setting aside such funds prior to incurring an obligation to be met in whole or in part in such manner. Except where the commission makes use of funds available to it pursuant to Article III (G) thereof, the commission shall not incur any obligation prior to the allotment of funds by the party states adequate to meet the same.
    4. D. The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to the audit and accounting procedures established by its bylaws. However, all receipts and disbursements of funds handled by the commission shall be audited yearly by a qualified public accountant, and the report of the audit shall be included in and become part of the annual reports of the commission.
    5. E. The accounts of the commission shall be open at any reasonable time for inspection by duly constituted officers of the party states and by any persons authorized by the commission.
    6. F. Nothing contained herein shall be construed to prevent commission compliance with laws relating to audit or inspection of accounts by or on behalf of any government contributing to the support of the commission.
  8. Article VIII. Eligible Parties; Entry Into and Withdrawal.
    1. A. This compact shall have as eligible parties all states, territories, and possessions of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. In respect of any such jurisdiction not having a governor, the term “governor,” as used in this compact, shall mean the closest equivalent official of such jurisdiction.
    2. B. Any state or other eligible jurisdiction may enter into this compact and it shall become binding thereon when it has adopted the same; provided, that in order to enter into initial effect, adoption by at least ten (10) eligible party jurisdictions shall be required.
    3. C. Adoption of the compact may be either by enactment thereof or by adherence thereto by the governor; provided, that in the absence of enactment, adherence by the governor shall be sufficient to make his state a party only until December 31, 1967. During any period when a state is participating in this compact through gubernatorial action, the governor shall appoint those persons who, in addition to himself, shall serve as the members of the commission from his state, and shall provide to the commission an equitable share of the financial support of the commission from any source available to him.
    4. D. Except for a withdrawal effective on December 31, 1967, in accordance with paragraph (C) of this Article, any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until one (1) year after the governor of the withdrawing state has given notice in writing of the withdrawal to the governors of all other party states. No withdrawal shall affect any liability already incurred by or chargeable to a party state prior to the time of such withdrawal.
  9. Article IX. Construction and Severability.
    1. This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any state or of the United States, or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating therein, the compact shall remain in full force and effect as to the state affected as to all severable matters.

1 Backlink

4-29-245(a)(11)

§ 49-12-202. [Repealed]

§ 49-12-203. Cooperation of state agencies.

(a) All officers of this state are hereby authorized and directed to do all things, falling within their respective provinces and jurisdictions, necessary or incidental to the carrying out of the compact for education in every particular.
(b) All officers, agencies, divisions, departments and persons of and in the government and administration of this state are hereby authorized and directed, at convenient times and upon the request of the commissioners representing this state under the compact, to furnish the education commission with information and data possessed by them or any one of them, and to aid the commission by any means lying within their legal powers respectively.

Part 3 Interstate Compact on Educational Opportunity for Military Children

§ 49-12-301. Compact.

1. 1. The Interstate Compact on Educational Opportunity for Military Children is hereby enacted into law and entered into with all other jurisdictions legally joining therein, in form substantially as follows:
2. Article I. Purpose
  1. It is the purpose of this compact to remove barriers to educational success imposed on children of military families because of frequent moves and deployment of their parents by:
    1. A. Facilitating the timely enrollment of children of military families and ensuring that they are not placed at a disadvantage due to difficulty in the transfer of education records from the previous school district(s) or variations in entrance/age requirements.
    2. B. Facilitating the student placement process through which children of military families are not disadvantaged by variations in attendance requirements, scheduling, sequencing, grading, course content or assessment.
    3. C. Facilitating the qualification and eligibility for enrollment, educational programs, and participation in extracurricular academic, athletic, and social activities.
    4. D. Facilitating the on-time graduation of children of military families.
    5. E. Providing for the promulgation and enforcement of administrative rules implementing the provisions of this compact.
    6. F. Providing for the uniform collection and sharing of information between and among member states, schools and military families under this compact.
    7. G. Promoting coordination between this compact and other compacts affecting military children.
    8. H. Promoting flexibility and cooperation between the educational system, parents and the student in order to achieve educational success for the student.
3. Article II. Definitions
  1. As used in this compact, unless the context clearly requires a different construction:
    1. A. “Active duty” means full-time duty status in the active uniformed service of the United States, including members of the national guard and reserve on active duty orders pursuant to 10 U.S.C. §§ 1209 and 1211.
    2. B. “Children of military families” means a school-aged child(ren), enrolled in kindergarten through twelfth (K-12) grade, in the household of an active duty member.
    3. C. “Compact commissioner” means the voting representative of each compacting state appointed pursuant to article VIII of this compact.
    4. D. “Deployment” means the period one (1) month prior to the service members' departure from their home station on military orders though six (6) months after return to their home station.
    5. E. “Education(al) records” means those official records, files, and data directly related to a student and maintained by the school or local education agency, including but not limited to records encompassing all the material kept in the student's cumulative folder such as general identifying data, records of attendance and of academic work completed, records of achievement and results of evaluative tests, health data, disciplinary status, test protocols, and individualized education programs.
    6. F. “Extracurricular activities” means a voluntary activity sponsored by the school or local education agency or an organization sanctioned by the local education agency. Extracurricular activities include, but are not limited to, preparation for and involvement in public performances, contests, athletic competitions, demonstrations, displays, and club activities.
    7. G. “Interstate commission on educational opportunity for military children” means the commission that is created under article IX of this compact, which is generally referred to as interstate commission.
    8. H. “Local education agency” means a public authority legally constituted by the state as an administrative agency to provide control of and direction for kindergarten through twelfth (K-12) grade public educational institutions.
    9. I. “Member state” means a state that has enacted this compact.
    10. J. “Military installation” means a base, camp, post, station, yard, center, homeport facility for any ship, or other activity under the jurisdiction of the department of defense, including any leased facility, which is located within any of the several states, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Northern Mariana Islands and any other United States territory. Such term does not include any facility used primarily for civil works, rivers and harbors projects, or flood control projects.
    11. K. “Non-member state” means a state that has not enacted this compact.
    12. L. “Receiving state” means the state to which a child of a military family is sent, brought, or caused to be sent or brought.
    13. M. “Rule” means a written statement by the interstate commission promulgated pursuant to article XII of this compact that is of general applicability, implements, interprets or prescribes a policy or provision of the compact, or an organizational, procedural, or practice requirement of the interstate commission, and has the force and effect of statutory law in a member state, and includes the amendment, repeal, or suspension of an existing rule.
    14. N. “Sending state” means the state from which a child of a military family is sent, brought, or caused to be sent or brought.
    15. O. “State” means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Northern Mariana Islands and any other United States territory.
    16. P. “Student” means the child of a military family for whom the local education agency receives public funding and who is formally enrolled in kindergarten through twelfth (K-12) grade.
    17. Q. “Transition” means: (1) the formal and physical process of transferring from school to school; or (2) the period of time in which a student moves from one school in the sending state to another school in the receiving state.
    18. R. “Uniformed service(s)” means the army, navy, air force, marine corps, coast guard as well as the commissioned corps of the national oceanic and atmospheric administration, and public health services.
    19. S. “Veteran” means a person who served in the uniformed services and who was discharged or released therefrom under conditions other than dishonorable.
4. Article III. Applicability
  1. A. Except as otherwise provided in section B, this compact shall apply to the children of:
    1. 1. Active duty members of the uniformed services as defined in this compact, including members of the national guard and reserve on active duty orders pursuant to 10 U.S.C. §§ 1209 and 1211;
    2. 2. Members or veterans of the uniformed services who are severely injured and medically discharged or retired for a period of one (1) year after medical discharge or retirement; and
    3. 3. Members of the uniformed services who die on active duty or as a result of injuries sustained on active duty for a period of one (1) year after death.
  2. B. The provisions of this interstate compact shall only apply to local education agencies as defined in this compact.
  3. C. The provisions of this compact shall not apply to the children of:
    1. 1. Inactive members of the national guard and military reserves;
    2. 2. Members of the uniformed services now retired, except as provided in section A;
    3. 3. Veterans of the uniformed services, except as provided in section A; and
    4. 4. Other United States department of defense personnel and other federal agency civilian and contract employees not defined as active duty members of the uniformed services.
5. Article IV. Educational Records and Enrollment
  1. A. Unofficial or “hand-carried” education records. In the event that official education records cannot be released to the parents for the purpose of transfer, the custodian of the records in the sending state shall prepare and furnish to the parent a complete set of unofficial educational records containing uniform information as determined by the interstate commission. Upon receipt of the unofficial education records by a school in the receiving state, the school shall enroll and appropriately place the student based on the information provided in the unofficial records pending validation by the official records, as quickly as possible.
  2. B. Official education records/transcripts. Simultaneous with the enrollment and conditional placement of the student, the school in the receiving state shall request the student's official education record from the school in the sending state. Upon receipt of this request, the school in the sending state will process and furnish the official education records to the school in the receiving state within ten (10) days or within such time as is reasonably determined under the rules promulgated by the Interstate Commission.
  3. C. Immunizations. Compacting states shall give thirty (30) days from the date of enrollment or within such time as is reasonably determined under the rules promulgated by the Interstate Commission, for students to obtain any immunization(s) required by the receiving state. For a series of immunizations, initial vaccinations must be obtained within thirty (30) days or within such time as is reasonably determined under the rules promulgated by the Interstate Commission.
  4. D. Kindergarten and first grade entrance age. Students shall be allowed to continue their enrollment at grade level in the receiving state commensurate with their grade level, including kindergarten, from a local education agency in the sending state at the time of transition, regardless of age. A student that has satisfactorily completed the prerequisite grade level in the local education agency in the sending state shall be eligible for enrollment in the next highest grade level in the receiving state, regardless of age. A student transferring after the start of the school year in the receiving state shall enter the school in the receiving state on the student's validated level from an accredited school in the sending state.
6. Article V. Placement and Attendance
  1. A. Course placement. When the student transfers before or during the school year, the receiving state school shall initially honor placement of the student in educational courses based on the student's enrollment in the sending state school and/or educational assessments conducted at the school in the sending state if the courses are offered. Course placement includes but is not limited to honors, international baccalaureate, advanced placement, career and technical education courses. Continuing the student's academic program from the previous school and promoting placement in academically and career challenging courses should be paramount when considering placement. This does not preclude the school in the receiving state from performing subsequent evaluations to ensure appropriate placement and continued enrollment of the student in the course(s).
  2. B. Educational program placement. The receiving state school shall initially honor placement of the student in educational programs based on current educational assessments conducted at the school in the sending state or participation/placement in like programs in the sending state. Such programs include, but are not limited to: (1) gifted and talented programs; and (2) English as a second language (ESL). This does not preclude the school in the receiving state from performing subsequent evaluations to ensure appropriate placement of the student.
  3. C. Special education services. (1) In compliance with the federal requirements of the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400 et seq.; the receiving state shall initially provide comparable services to a student with disabilities based on his/her current Individualized Education Program (IEP); and (2) In compliance with the requirements of § 504 of the Rehabilitation Act, 29 U.S.C. § 794, and with Title II of the Americans with Disabilities Act, 42 U.S.C. §§ 12131-12165, the receiving state shall make reasonable accommodations and modifications to address the needs of incoming students with disabilities, subject to an existing 504 or Title II Plan, to provide the student with equal access to education. This does not preclude the school in the receiving state from performing subsequent evaluations to ensure appropriate placement of the student.
  4. D. Placement flexibility. Local education agency administrative officials shall have flexibility in waiving course/program prerequisites, or other preconditions for placement in courses/programs offered under the jurisdiction of the local education agency.
  5. E. Absence as related to deployment activities. A student whose parent or legal guardian is an active duty member of the uniformed services, as defined by the compact, and has been called to duty for, is on leave from, or immediately returned from deployment to a combat zone or combat support posting, shall be granted additional excused absences at the discretion of the local education agency superintendent to visit with his or her parent or legal guardian relative to such leave or deployment of the parent or guardian.
7. Article VI. Eligibility
  1. A. Eligibility for enrollment.
    1. 1. Special power of attorney, relative to the guardianship of a child of a military family and executed under applicable law shall be sufficient for the purposes of enrollment and all other actions requiring parental participation and consent.
    2. 2. A local education agency shall be prohibited from charging local tuition to a transitioning military child placed in the care of a non-custodial parent or other person standing in loco parentis who lives in a jurisdiction other than that of the custodial parent.
    3. 3. A transitioning military child, placed in the care of a non-custodial parent or other person standing in loco parentis who lives in a jurisdiction other than that of the custodial parent, may continue to attend the school in which he/she was enrolled while residing with the custodial parent.
  2. B. Eligibility for extracurricular participation. State and local education agencies shall facilitate the opportunity for transitioning military children's inclusion in extracurricular activities, regardless of application deadlines, to the extent they are otherwise qualified.
8. Article VII. Graduation
  1. In order to facilitate the on-time graduation of children of military families states and local education agencies shall incorporate the following procedures:
    1. A. Waiver requirements. Local education agency administrative officials shall waive specific courses required for graduation if similar course work has been satisfactorily completed in another local education agency or shall provide reasonable justification for denial. Should a waiver not be granted to a student who would qualify to graduate from the sending school, the local education agency shall provide an alternative means of acquiring required coursework so that graduation may occur on time.
    2. B. Exit exams. States shall accept: (1) exit or end-of-course exams required for graduation from the sending state; (2) national norm-referenced achievement tests; or (3) alternative testing, in lieu of testing requirements for graduation in the receiving state. In the event the above alternatives cannot be accommodated by the receiving state for a student transferring in his or her senior year, then the provisions of article VII, section C shall apply.
    3. C. Transfers during senior year. Should a military student transferring at the beginning or during his or her senior year be ineligible to graduate from the receiving local education agency after all alternatives have been considered, the sending and receiving local education agencies shall ensure the receipt of a diploma from the sending local education agency, if the student meets the graduation requirements of the sending local education agency. In the event that one of the states in question is not a member of this compact, the member state shall use best efforts to facilitate the on-time graduation of the student in accordance with sections A and B of this article.
9. Article VIII. State Coordination
  1. A. Each member state shall, through the creation of a state council or use of an existing body or board, provide for the coordination among its agencies of government, local education agencies and military installations concerning the state's participation in, and compliance with, this compact and interstate commission activities. While each member state may determine the membership of its own state council, its membership must include at least: the state superintendent of education, superintendent of a school district with a high concentration of military children, representative from a military installation, one (1) representative each from the legislative and executive branches of government, and other offices and stakeholder groups the state council deems appropriate. A member state that does not have a school district deemed to contain a high concentration of military children may appoint a superintendent from another school district to represent local education agencies on the state council.
  2. B. The state council of each member state shall appoint or designate a military family education liaison to assist military families and the state in facilitating the implementation of this compact.
  3. C. The compact commissioner responsible for the administration and management of the state's participation in the compact shall be appointed by the governor or as otherwise determined by each member state.
  4. D. The compact commissioner and the military family education liaison designated herein shall be ex-officio members of the state council, unless either is already a full voting member of the state council.
10. Article IX. Interstate Commission on Educational Opportunity for Military Children
  1. The member states hereby create the “interstate commission on educational opportunity for military children.” The activities of the interstate commission are the formation of public policy and are a discretionary state function. The interstate commission shall:
    1. A. Be a body corporate and joint agency of the member states and shall have all the responsibilities, powers and duties set forth herein, and such additional powers as may be conferred upon it by a subsequent concurrent action of the respective legislatures of the member states in accordance with the terms of this compact.
    2. B. Consist of one (1) interstate commission voting representative from each member state who shall be that state's compact commissioner.
      1. 1. Each member state represented at a meeting of the interstate commission is entitled to one (1) vote.
      2. 2. A majority of the total member states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the interstate commission.
      3. 3. A representative shall not delegate a vote to another member state. In the event the compact commissioner is unable to attend a meeting of the interstate commission, the governor or state council may delegate voting authority to another person from the state for a specified meeting.
      4. 4. The bylaws may provide for meetings of the interstate commission to be conducted by telecommunication or electronic communication.
    3. C. Consist of ex-officio, non-voting representatives who are members of interested organizations. Such ex-officio members, as defined in the bylaws, may include but not be limited to, members of the representative organizations of military family advocates, local education agency officials, parent and teacher groups, the United States department of defense, the education commission of the states, the interstate agreement on the qualification of educational personnel and other interstate compacts affecting the education of children of military members.
    4. D. Meet at least once each calendar year. The chairperson may call additional meetings and, upon the request of a simple majority of the member states, shall call additional meetings.
    5. E. Establish an executive committee, whose members shall include the officers of the interstate commission and such other members of the interstate commission as determined by the bylaws. Members of the executive committee shall serve a one-year term. Members of the executive committee shall be entitled to one (1) vote each. The executive committee shall have the power to act on behalf of the interstate commission, with the exception of rulemaking, during periods when the interstate commission is not in session. The executive committee shall oversee the day-to-day activities of the administration of the compact including enforcement and compliance with the provisions of the compact, its bylaws and rules, and other such duties as deemed necessary. The United States department of defense, shall serve as an ex-officio, nonvoting member of the executive committee.
    6. F. Establish bylaws and rules that provide for conditions and procedures under which the interstate commission shall make its information and official records available to the public for inspection or copying. The interstate commission may exempt from disclosure information or official records to the extent they would adversely affect personal privacy rights or proprietary interests.
    7. G. Give public notice of all meetings and all meetings shall be open to the public, except as set forth in the rules or as otherwise provided in the compact. The interstate commission and its committees may close a meeting, or portion thereof, where it determines by two-thirds vote that an open meeting would be likely to:
      1. 1. Relate solely to the interstate commission's internal personnel practices and procedures;
      2. 2. Disclose matters specifically exempted from disclosure by federal and state statute;
      3. 3. Disclose trade secrets or commercial or financial information which is privileged or confidential;
      4. 4. Involve accusing a person of a crime, or formally censuring a person;
      5. 5. Disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;
      6. 6. Disclose investigative records compiled for law enforcement purposes; or
      7. 7. Specifically relate to the interstate commission's participation in a civil action or other legal proceeding.
    8. H. Cause its legal counsel or designee to certify that a meeting may be closed and shall reference each relevant exemptible provision for any meeting, or portion of a meeting, which is closed pursuant to this provision. The interstate commission shall keep minutes which shall fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed and the record of a roll call vote. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the interstate commission.
    9. I. Collect standardized data concerning the educational transition of the children of military families under this compact as directed through its rules which shall specify the data to be collected, the means of collection and data exchange and reporting requirements. Such methods of data collection, exchange and reporting shall, in so far as is reasonably possible, conform to current technology and coordinate its information functions with the appropriate custodian of records as identified in the bylaws and rules.
    10. J. Create a process that permits military officials, education officials and parents to inform the interstate commission if and when there are alleged violations of the compact or its rules or when issues subject to the jurisdiction of the compact or its rules are not addressed by the state or local education agency. This section shall not be construed to create a private right of action against the interstate commission or any member state.
11. Article X. Powers and Duties of the Interstate Commission
  1. The interstate commission shall have the following powers:
    1. A. To provide for dispute resolution among member states.
    2. B. To promulgate rules and take all necessary actions to effect the goals, purposes and obligations as enumerated in this compact. The rules shall have the force and effect of statutory law and shall be binding in the compact states to the extent and in the manner provided in this compact.
    3. C. To issue, upon request of a member state, advisory opinions concerning the meaning or interpretation of the interstate compact, its bylaws, rules and actions.
    4. D. To enforce compliance with the compact provisions, the rules promulgated by the interstate commission, and the bylaws, using all necessary and proper means, including but not limited to the use of judicial process.
    5. E. To establish and maintain offices which shall be located within one (1) or more of the member states.
    6. F. To purchase and maintain insurance and bonds.
    7. G. To borrow, accept, hire or contract for services of personnel.
    8. H. To establish and appoint committees including, but not limited to, an executive committee as required by article IX, section E, which shall have the power to act on behalf of the interstate commission in carrying out its powers and duties hereunder.
    9. I. To elect or appoint such officers, attorneys, employees, agents, or consultants, and to fix their compensation, define their duties and determine their qualifications; and to establish the interstate commission's personnel policies and programs relating to conflicts of interest, rates of compensation, and qualifications of personnel.
    10. J. To accept any and all donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of it.
    11. K. To lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve or use any property, real, personal, or mixed.
    12. L. To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal or mixed.
    13. M. To establish a budget and make expenditures.
    14. N. To adopt a seal and bylaws governing the management and operation of the interstate commission.
    15. O. To report annually to the legislatures, governors, judiciary, and state councils of the member states concerning the activities of the interstate commission during the preceding year. Such reports shall also include any recommendations that may have been adopted by the interstate commission.
    16. P. To coordinate education, training and public awareness regarding the compact, its implementation and operation for officials and parents involved in such activity.
    17. Q. To establish uniform standards for the reporting, collecting and exchanging of data.
    18. R. To maintain corporate books and records in accordance with the bylaws.
    19. S. To perform such functions as may be necessary or appropriate to achieve the purposes of this compact.
    20. T. To provide for the uniform collection and sharing of information between and among member states, schools and military families under this compact.
12. Article XI. Organization and Operation of the Interstate Commission
  1. A. The interstate commission shall, by a majority of the members present and voting, within twelve (12) months after the first interstate commission meeting, adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact, including, but not limited to:
    1. 1. Establishing the fiscal year of the interstate commission;
    2. 2. Establishing an executive committee, and such other committees as may be necessary;
    3. 3. Providing for the establishment of committees and for governing any general or specific delegation of authority or function of the interstate commission;
    4. 4. Providing reasonable procedures for calling and conducting meetings of the interstate commission, and ensuring reasonable notice of each such meeting;
    5. 5. Establishing the titles and responsibilities of the officers and staff of the interstate commission;
    6. 6. Providing a mechanism for concluding the operations of the interstate commission and the return of surplus funds that may exist upon the termination of the compact after the payment and reserving of all of its debts and obligations;
    7. 7. Providing “start up” rules for initial administration of the compact.
  2. B. The interstate commission shall, by a majority of the members, elect annually from among its members a chairperson, a vice-chairperson, and a treasurer, each of whom shall have such authority and duties as may be specified in the bylaws. The chairperson or, in the chairperson's absence or disability, the vice-chairperson, shall preside at all meetings of the interstate commission. The officers so elected shall serve without compensation or remuneration from the interstate commission; provided, that, subject to the availability of budgeted funds, the officers shall be reimbursed for ordinary and necessary costs and expenses incurred by them in the performance of their responsibilities as officers of the interstate commission.
  3. C. Executive committee, officers and personnel.
    1. 1. The executive committee shall have such authority and duties as may be set forth in the bylaws, including but not limited to:
      1. a. Managing the affairs of the interstate commission in a manner consistent with the bylaws and purposes of the interstate commission;
      2. b. Overseeing an organizational structure within, and appropriate procedures for the interstate commission to provide for the creation of rules, operating procedures, and administrative and technical support functions; and
      3. c. Planning, implementing, and coordinating communications and activities with other state, federal and local government organizations in order to advance the goals of the interstate commission.
    2. 2. The executive committee may, subject to the approval of the interstate commission, appoint or retain an executive director for such period, upon such terms and conditions and for such compensation, as the interstate commission may deem appropriate. The executive director shall serve as secretary to the interstate commission, but shall not be a member of the interstate commission. The executive director shall hire and supervise such other persons as may be authorized by the interstate commission.
  4. D. The interstate commission's executive director and its employees shall be immune from suit and liability, either personally or in their official capacity, for a claim for damage to or loss of property or personal injury or other civil liability caused or arising out of or relating to an actual or alleged act, error, or omission that occurred, or that such person had a reasonable basis for believing occurred, within the scope of interstate commission employment, duties, or responsibilities; provided, that such person shall not be protected from suit or liability for damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of such person.
    1. 1. The liability of the interstate commission's executive director and employees or interstate commission representatives, acting within the scope of such person's employment or duties for acts, errors, or omissions occurring within such person's state may not exceed the limits of liability set forth under the constitution and laws of that state for state officials, employees, and agents. The interstate commission is considered to be an instrumentality of the states for the purposes of any such action. Nothing in this subsection shall be construed to protect such person from suit or liability for damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of such person.
    2. 2. The interstate commission shall defend the executive director and its employees and, subject to the approval of the attorney general or other appropriate legal counsel of the member state represented by an interstate commission representative, shall defend such interstate commission representative in any civil action seeking to impose liability arising out of an actual or alleged act, error or omission that occurred within the scope of interstate commission employment, duties or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of interstate commission employment, duties, or responsibilities; provided, that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such person.
    3. 3. To the extent not covered by the state involved, member state, or the interstate commission, the representatives or employees of the interstate commission shall be held harmless in the amount of a settlement or judgment, including attorney's fees and costs, obtained against such persons arising out of an actual or alleged act, error, or omission that occurred within the scope of interstate commission employment, duties, or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of interstate commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such persons.
13. Article XII. Rulemaking Functions of the Interstate Commission
  1. A. Rulemaking authority. The interstate commission shall promulgate reasonable rules in order to effectively and efficiently achieve the purposes of this compact. Notwithstanding the foregoing, in the event the interstate commission exercises its rulemaking authority in a manner that is beyond the scope of the purposes of this compact, or the powers granted hereunder, then such an action by the interstate commission shall be invalid and have no force or effect.
  2. B. Rulemaking procedure. Rules shall be made pursuant to a rulemaking process that substantially conforms to the “Model State Administrative Procedure Act,” of 1981, Uniform Laws Annotated, Vol. 15, p.1 (2000) as amended, as may be appropriate to the operations of the interstate commission.
  3. C. Not later than thirty (30) days after a rule is promulgated, any person may file a petition for judicial review of the rule; provided, that the filing of such a petition shall not stay or otherwise prevent the rule from becoming effective unless the court finds that the petitioner has a substantial likelihood of success. The court shall give deference to the actions of the interstate commission consistent with applicable law and shall not find the rule to be unlawful if the rule represents a reasonable exercise of the interstate commission's authority.
  4. D. If a majority of the legislatures of the compacting states rejects a rule by enactment of a statute or resolution in the same manner used to adopt the compact, then such rule shall have no further force and effect in any compacting state.
14. Article XIII. Oversight, Enforcement, and Dispute Resolution
  1. A. Oversight.
    1. 1. The executive, legislative and judicial branches of state government in each member state shall enforce this compact and shall take all actions necessary and appropriate to effectuate the compact's purposes and intent. The provisions of this compact and the rules promulgated hereunder shall have standing as statutory law.
    2. 2. All courts shall take judicial notice of the compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of this compact which may affect the powers, responsibilities or actions of the interstate commission.
    3. 3. The interstate commission shall be entitled to receive all service of process in any such proceeding, and shall have standing to intervene in the proceeding for all purposes. Failure to provide service of process to the interstate commission shall render a judgment or order void as to the interstate commission, this compact or promulgated rules.
  2. B. Default, technical assistance, suspension and termination. If the interstate commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this compact, or the bylaws or promulgated rules, the interstate commission shall:
    1. 1. Provide written notice to the defaulting state and other member states, of the nature of the default, the means of curing the default and any action taken by the interstate commission. The interstate commission shall specify the conditions by which the defaulting state must cure its default.
    2. 2. Provide remedial training and specific technical assistance regarding the default.
    3. 3. If the defaulting state fails to cure the default, the defaulting state shall be terminated from the compact upon an affirmative vote of a majority of the member states and all rights, privileges and benefits conferred by this compact shall be terminated from the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of the default.
    4. 4. Suspension or termination of membership in the compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the interstate commission to the governor, the majority and minority leaders of the defaulting state's legislature, and each of the member states.
    5. 5. The state which has been suspended or terminated is responsible for all assessments, obligations and liabilities incurred through the effective date of suspension or termination including obligations, the performance of which extends beyond the effective date of suspension or termination.
    6. 6. The interstate commission shall not bear any costs relating to any state that has been found to be in default or which has been suspended or terminated from the compact, unless otherwise mutually agreed upon in writing between the interstate commission and the defaulting state.
    7. 7. The defaulting state may appeal the action of the interstate commission by petitioning the United States district court for the District of Columbia or the federal district where the interstate commission has its principal offices. The prevailing party shall be awarded all costs of such litigation including reasonable attorney's fees.
  3. C. Dispute resolution.
    1. 1. The interstate commission shall attempt, upon the request of a member state, to resolve disputes which are subject to the compact and which may arise among member states and between member and non-member states.
    2. 2. The interstate commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.
  4. D. Enforcement.
    1. 1. The interstate commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact.
    2. 2. The interstate commission, may by majority vote of the members, initiate legal action in the United States district court for the District of Columbia or, at the discretion of the interstate commission, in the federal district where the interstate commission has its principal offices, to enforce compliance with the provisions of the compact, its promulgated rules and bylaws, against a member state in default. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary the prevailing party shall be awarded all costs of such litigation including reasonable attorney's fees.
    3. 3. The remedies herein shall not be the exclusive remedies of the interstate commission. The interstate commission may avail itself of any other remedies available under state law or the regulation of a profession.
15. Article XIV. Financing of the Interstate Commission
  1. A. The interstate commission shall pay, or provide for the payment of the reasonable expenses of its establishment, organization and ongoing activities.
  2. B. The interstate commission may levy on and collect an annual assessment from each member state to cover the cost of the operations and activities of the interstate commission and its staff which must be in a total amount sufficient to cover the interstate commission's annual budget as approved each year. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the interstate commission, which shall promulgate a rule binding upon all member states.
  3. C. The interstate commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the interstate commission pledge the credit of any of the member states, except by and with the authority of the member state.
  4. D. The interstate commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the interstate commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the interstate commission shall by audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the interstate commission.
16. Article XV. Member States, Effective Date and Amendment
  1. A. Any state is eligible to become a member state.
  2. B. The compact shall become effective and binding upon legislative enactment of the compact into law by no less than ten (10) of the states. The effective date shall be no earlier than December 1, 2007. Thereafter it shall become effective and binding as to any other member state upon enactment of the compact into law by that state. The governors of non-member states or their designees shall be invited to participate in the activities of the interstate commission on a non-voting basis prior to adoption of the compact by all states.
  3. C. The interstate commission may propose amendments to the compact for enactment by the member states. No amendment shall become effective and binding upon the interstate commission and the member states unless and until it is enacted into law by unanimous consent of the member states.
17. Article XVI. Withdrawal and Dissolution
  1. A. Withdrawal.
    1. 1. Once effective, the compact shall continue in force and remain binding upon each and every member state; provided, that a member state may withdraw from the compact by specifically repealing the statute, which enacted the compact into law.
    2. 2. Withdrawal from this compact shall be by the enactment of a statute repealing the same, but shall not take effect until one (1) year after the effective date of such statute and until written notice of the withdrawal has been given by the withdrawing state to the governor of each other member jurisdiction.
    3. 3. The withdrawing state shall immediately notify the chairperson of the interstate commission in writing upon the introduction of legislation repealing this compact in the withdrawing state. The interstate commission shall notify the other member states of the withdrawing state's intent to withdraw within sixty (60) days of its receipt thereof.
    4. 4. The withdrawing state is responsible for all assessments, obligations and liabilities incurred through the effective date of withdrawal, including obligations, the performance of which extend beyond the effective date of withdrawal.
    5. 5. Reinstatement following withdrawal of a member state shall occur upon the withdrawing state reenacting the compact or upon such later date as determined by the interstate commission.
  2. B. Dissolution of compact.
    1. 1. This compact shall dissolve effective upon the date of the withdrawal or default of the member state which reduces the membership in the compact to one (1) member state.
    2. 2. Upon the dissolution of this compact, the compact becomes null and void and shall be of no further force or effect, and the business and affairs of the interstate commission shall be concluded and surplus funds shall be distributed in accordance with the bylaws.
18. Article XVII. Severability and Construction
  1. A. The provisions of this compact shall be severable, and if any phrase, clause, sentence or provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable.
  2. B. The provisions of this compact shall be liberally construed to effectuate its purposes.
  3. C. Nothing in this compact shall be construed to prohibit the applicability of other interstate compacts to which the states are members.
19. Article XVIII. Binding Effect of Compact and Other Laws
  1. A. Other laws.
    1. 1. Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with this compact.
    2. 2. All member states' laws conflicting with this compact are superseded to the extent of the conflict.
  2. B. Binding effect of the compact.
    1. 1. All lawful actions of the interstate commission, including all rules and bylaws promulgated by the interstate commission, are binding upon the member states.
    2. 2. All agreements between the interstate commission and the member states are binding in accordance with their terms.
    3. 3. In the event any provision of this compact exceeds the constitutional limits imposed on the legislature of any member state, such provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.

1 Backlink

49-6-313

Chapter 13 Tennessee Public Charter Schools Act of 2002

§ 49-13-101. Short title.

This chapter shall be known and may be cited as the “Tennessee Public Charter Schools Act of 2002.”

§ 49-13-102. Purpose.

(a) The purpose of this chapter is to:
1. (1) Improve learning for all students and close the achievement gap between high and low students;
2. (2) Provide options for parents to meet educational needs of students;
3. (3) Encourage the use of different and innovative teaching methods, and provide greater decision making authority to schools and teachers in exchange for greater responsibility for student performance;
4. (4) Measure performance of pupils and faculty, and ensure that children have the opportunity to reach proficiency on state academic assessments;
5. (5) Create new professional opportunities for teachers; and
6. (6) Afford parents substantial meaningful opportunities to participate in the education of their children.
(b) It is the intention of this chapter to provide an alternative means within the public school system for ensuring accomplishment of the necessary outcomes of education by allowing the establishment and maintenance of public charter schools that operate within a school district structure but are allowed maximum flexibility to achieve their goals.
(c) It is the intent of this chapter to provide both the state department of education and local school systems with options relative to the governance and improvement of high priority schools failing to meet adequate yearly progress as outlined in both § 49-1-602 and the federal Elementary and Secondary Education Act (20 U.S.C. § 6301 et seq.).
(d) It is the intent of this chapter to provide the state department of education and local school systems with options relative to the delivery of instruction for those students with special needs as specified in the federal Individuals with Disabilities Act (IDEA) (20 U.S.C. § 1400 et seq.).
(e) It is the intent of this chapter to provide local school systems the option to work in concert with the state's public higher education institutions to establish charter school “laboratories of teaching and learning” as a means of fostering educational innovations for implementation statewide.

§ 49-13-103. Application.

This chapter applies only to schools formed and operated in accordance with this chapter.

§ 49-13-104. Chapter definitions.

As used in this chapter:
1. (1) “Academic focus” means a distinctive, thematic program such as math, science, arts, general academics, or an instructional program such as Montessori or Paideia;
2. (2) “Academic plan” means a platform that supports the academic focus of the charter school and will include instructional goals and methods for the school, which, at a minimum, shall include teaching and classroom instruction methods, materials and curriculum that will be used to provide students with knowledge, proficiency and skills needed to reach the goals of the school;
3. (3) “Authorizer” means:
  1. (A) A local board of education, the Tennessee public charter school commission, or the achievement school district as defined in § 49-1-614, that makes decisions regarding approval, renewal, and revocation of a public charter school application or agreement; and
  2. (B) Includes the state board of education until 11:59 p.m. on June 30, 2021;
4. (4) “Charter agreement” means a fixed-term renewable agreement between a public charter school and the authorizer that outlines the rights, responsibilities, and performance expectations of each party;
5. (5) “Charter management organization” or “CMO” means a nonprofit entity that manages or operates two (2) or more public charter schools;
6. (6) “Commission” means the Tennessee public charter school commission;
7. (7) “Conversion public charter school” means a charter school established by the conversion of an existing non-charter public school into a charter school;
8. (8) “Foreign” means a country or jurisdiction outside of any state or territory of the United States;
9. (9) “Governing body” means the organized group of persons who will operate a public charter school or schools by deciding matters, including, but not limited to, budgeting, curriculum and other operating procedures for the public charter school and by overseeing management and administration of a public charter school;
10. (10) “Licensed teacher” means a person over the age of eighteen (18) who meets the qualifications of chapter 5, part 1 of this title and holds a valid Tennessee educator license in compliance with the rules and regulations of the state board of education;
11. (11) “Local education agency” or “LEA” has the same definition as used in § 49-3-104;
12. (12) “Public charter school” means a public school in this state that is established and operating under the terms of a charter agreement and in accordance with this chapter;
13. (13) “Sponsor” means a proposed governing body filing an application for the establishment of a public charter school, that:
  1. (A) Is not a for-profit entity; nonpublic school as defined in § 49-6-3001; other private, religious, or church school; or postsecondary institution not regionally accredited; and
  2. (B) Does not promote the agenda of any religious denomination or religiously affiliated entity; and
14. (14) “Underutilized or vacant property” means an entire property or portion thereof, with or without improvements, which is not used or is used irregularly or intermittently by the LEA for instructional or program purposes. “Underutilized or vacant property” does not include real property on which no building or permanent structure has been erected.

1 Backlink

49-3-1202(8)

§ 49-13-105. Public charter school commission.

(a) There is established the Tennessee public charter school commission as an independent state entity for the purpose of serving as an appellate public charter school authorizer and the LEA for any public charter school it authorizes. Beginning in the 2020-2021 school year, the commission has the authority to authorize public charter schools on appeal of a local board of education's decision to deny a public charter school application. A public charter school that is authorized by the commission must operate within the geographic boundaries of the local board of education that denied approval of the initial public charter school application. The commission may adopt policies and procedures for the commission and the commission's authorized public charter schools.
(b)
1. (1)
  1. (A) The commission must be composed of nine (9) members appointed by the governor. Except as otherwise provided in this subsection (b), the nine (9) members of the commission must be confirmed by joint resolution of the senate and the house of representatives prior to beginning a term of office.
  2. (B) If either house fails to confirm the appointment of a board member by the governor within ninety (90) calendar days after the general assembly next convenes in regular session following the appointment, then the appointment terminates on the day following the ninetieth calendar day.
2. (2) If the general assembly is not in session when initial appointments are made, then all initial appointees shall serve the terms prescribed pursuant to this section, unless the initial appointments are not confirmed during the next regular session of the general assembly in accordance with subdivision (b)(1).
3. (3) If the general assembly is not in session at the time a member is appointed to fill a vacancy, then the new appointee serves for the term appointed unless the appointment is not confirmed during the next regular session of the general assembly in accordance with subdivision (b)(1).
4. (4) All members shall be subject to removal from the commission by a two-thirds (⅔) majority vote of each house of the general assembly for misconduct, incapacity, or neglect of duty. Removal must be by passage of a joint resolution by the senate and the house of representatives.
(c)
1. (1) In making appointments, the governor shall strive to ensure that the commission members collectively possess experience and expertise in charter schools or charter school authorizing, public and nonprofit governance, finance, law, and school or school district leadership.
2. (2) A majority of the commission members must reside within the geographic boundary of an LEA in which at least one (1) public charter school operates.
3. (3) There must be at least three (3) members from each grand division serving on the commission.
(d) The terms for all initial members begin on July 1, 2019. The terms of the initial nine (9) appointments shall be three (3) years for three (3) members, four (4) years for three (3) members, and five (5) years for three (3) members, as designated by the governor in the governor's initial appointments. As the terms for the initial members expire, successors shall be appointed for five-year terms.
(e) Each member of the commission shall:
1. (1) Review public charter school applications, hear appeals, and carry out the member's duties in a fair and impartial manner; and
2. (2) Before beginning a term of office, sign a conflict of interest agreement in which the member agrees to carry out the member's duties in compliance with subdivision (e)(1).
(f)
1. (1) The commission has the power to declare a commission member's position vacant if a commission member fails, without cause, to attend more than fifty percent (50%) of the commission's regular meetings in a calendar year. The commission shall determine cause for purposes of this subdivision (f)(1).
2. (2)
  1. (A) Whenever a vacancy on the commission exists, the governor shall appoint a member for the remainder of the unexpired term. A member appointed by the governor to fill a vacancy on the commission is subject to confirmation by the general assembly pursuant to subsection (b).
  2. (B) A member of the commission shall not vote on any matter that involves an LEA or public charter school of which the member is an employee of the local board of education or the governing body.
(g) The commission shall meet at least quarterly. The chair may call special meetings whenever necessary for the transaction of urgent business. The chair shall notify each member of the commission of any special meeting at least five (5) days before the time fixed for the special meeting. A majority of the commission may petition the chair to call a special meeting, in which case the chair shall call a special meeting.
(h) A majority of the commission members entitled to vote is required to transact business coming before the commission. The commission shall pass a resolution memorializing the commission's approval or denial of each application that the commission considers. The commission shall comply with the open meetings law, compiled in title 8, chapter 44, and open records law, compiled in title 10, chapter 7.
(i) The chair and vice chair are officers of the commission and must be elected by the members of the commission for a term of three (3) years or for the remainder of the respective chair's or vice chair's term on the commission, whichever is earlier. Officers may be reelected.
(j) A commission member shall not receive compensation but shall be reimbursed for expenses incurred in the performance of official duties in accordance with the state comprehensive travel regulations as promulgated by the commissioner of finance and administration and approved by the attorney general and reporter.
(k)
1. (1) The commission shall employ a director of schools who has the same duties and powers granted to directors of schools in § 49-2-301, consistent with this chapter. An employee or official of any department, agency, or board of this state shall not serve as a director of schools. The director of schools shall be responsible solely to the commission.
2. (2) Additional personnel hired by the director of schools shall be subject to personnel regulations and policies that apply to state employees, such as leave, compensation, classification, and travel regulations. The director of schools has the sole authority to appoint, terminate, and control personnel as provided in this section. The personnel of the commission shall not have state service status.
(l) Notwithstanding any law to the contrary, the commission shall, at a minimum, have the same authority and autonomy afforded to LEAs under state law regarding the procurement of goods and services, including, but not limited to, personal, professional, consulting, and social services. The commission 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.
(m) The commission may promulgate rules and regulations that are solely necessary for the administrative operation and functions of the commission. The commission's rulemaking authority shall not supersede the state board of education's rulemaking authority and may only be exercised in performance of the commission's administrative responsibilities. The rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(n) Commission meetings shall be made available for public viewing over the internet by streaming video accessible on the commission's website. Archived videos of the commission's meetings shall also be available to the public through the commission's website.
(o) The following individuals are prohibited from serving as a member of the commission for so long as they hold the office or position:
1. (1) Elected officials; and
2. (2) State employees.

2 Backlinks

§ 49-13-106. Creation or conversion of charter schools.

(a) Public charter schools are part of the state program of public education.
(b) A charter shall not be granted to a for-profit corporation.
(c) A nonpublic school, as defined in § 49-6-3001, or other private, religious, or church school, shall not establish a public charter school pursuant to this chapter.
(d) A cyber-based public charter school shall not be authorized.
(e) A public charter school shall not charge registration fees, enrollment fees, or tuition; provided, however, that tuition may be charged if, in accordance with § 49-13-113(b), the governing body of the public charter school approves a student's transfer from another LEA to the public charter school pursuant to § 49-6-3003.
(f)
1. (1) Public charter schools may be formed to provide quality educational options for all students residing within the jurisdiction of the authorizer.
2. (2) The achievement school district may authorize charter schools within the jurisdiction of the LEA for the purpose of providing opportunities for students within the LEA who are zoned to attend or enrolled in a school that is eligible to be placed in the achievement school district. For the purposes of this subdivision (f)(2), students shall not be considered “zoned” for a school that is open to all students within the LEA unless they are assigned to the school based on the LEA's geographic zoning policies.
(g) A public charter school may be formed by creating a new school or converting a school to charter status pursuant to this chapter.
(h) Nothing in this chapter shall be construed to prohibit any individual or organization from providing funding or other assistance to the establishment or operation of a public charter school, but the funding or assistance shall not entitle the individual or organization to any ownership interest in the school other than a security interest for repayment of a loan or mortgage. The funding or assistance shall be disclosed as provided in § 49-13-107.
(i) If a sponsor seeks to establish a new public charter school, then the sponsor must apply to the local board of education.
(j)
1. (1) If a sponsor seeks to convert an existing public school to a public charter school, then the sponsor must apply to the local board of education. This subdivision (j)(1) does not apply if the existing public school has entered the achievement school district pursuant to § 49-1-614.
2. (2)
  1. (A) Local boards of education may request that a sponsor apply to convert an existing public school to a public charter school.
  2. (B) Upon a local board of education's review of a sponsor's application for a new public charter school, the local board of education may request that the sponsor amend the public charter school application to provide for the conversion of an existing public school.
  3. (C) This subdivision (j)(2) does not require a local board of education to approve a sponsor's application to convert an existing public school to a public charter school.
3. (3) An existing public school may convert to a public charter school pursuant to this chapter if the parents of at least sixty percent (60%) of the children enrolled in the school, or at least sixty percent (60%) of the teachers assigned to the school, support the conversion and demonstrate such support by signing a petition seeking conversion, and if the LEA approves the application for conversion. The percentage of parents signing a petition must be calculated on the basis of one (1) vote for each child enrolled in the school.
4. (4) A public charter school sponsor shall submit the sponsor's application for conversion to the local board of education. The local board of education shall act on the application no later than ninety (90) days after the date on which the application was submitted.
5. (5) If the application for conversion of an existing public school to a public charter school is approved, then:
  1. (A) The conversion must occur at the beginning of an academic school year. The conversion public charter school shall be subject to compliance with this chapter;
  2. (B) Any teacher or administrator in the conversion public charter school shall be allowed to transfer into vacant positions in other schools in the LEA for which they are certified before the LEA hires new personnel to fill the vacant positions. Personnel who transfer into vacant positions in other schools in the LEA shall not suffer any impairment, interruption, or diminution of the rights and privileges of a then existing teacher or administrator, and the rights and privileges shall continue without impairment, interruption, or diminution with the local board of education. “Rights and privileges,” as used in this subdivision (j)(5)(B), include, but are not limited to, salary, pension, retirement benefits, sick leave accumulation, tenure, seniority, and contract rights with the local board of education. The director of schools has the option to specifically assign teachers or administrators in a conversion public charter school to vacant positions in other schools in the LEA;
  3. (C) Enrollment preference shall be given to students who reside within the former school zone of the converted public school. The enrollment preference for students who reside within the former attendance area excludes such students from entering into a lottery;
  4. (D) The conversion public charter school may enroll students living in other school zones after students residing within the school zone have had the opportunity to enroll, but only if there is program, class, grade level, and building capacity to serve the out-of-zone students. If applications by out-of-zone students exceed the conversion public charter school's capacity, then enrollment of out-of-zone students must be determined on the basis of a lottery. Out-of-zone students who attended the school during the previous school year and the siblings of students who attended the school may be given preference in enrollment;
  5. (E) A parent of a child who is enrolled at the conversion public school may enroll the parent's child in another public school without penalty; and
  6. (F) The conversion public charter school shall occupy the converted public school's existing facility.
6. (6) If the local board of education denies the application for conversion, then the decision is final and is not subject to appeal.
7. (7) A charter agreement shall not be granted under this chapter that authorizes the conversion of any private, parochial, cyber-based, or home-based school to charter status.

2 Backlinks

§ 49-13-107. Application process.

(a) Sixty (60) days before the application process begins pursuant to subsection (b), a prospective charter school sponsor shall submit a letter of intent to the department of education and the authorizer of its plan to submit an application to operate a charter school.
(b) On or before February 1 of the year preceding the year in which the proposed public charter school plans to begin operation, the sponsor seeking to establish a public charter school shall prepare and file with the authorizer and the department of education an application using the application template developed by the department in coordination with the commission and that provides the following information and documents:
1. (1) A statement defining the mission and goals of the proposed charter school, including the proposed charter school's academic focus;
  1 Backlink
  - 49-13-108(b)(4)(A)(iii)
2. (2) A proposed academic plan, including the instructional goals and methods for each grade level the school will serve, which, at a minimum, shall include teaching and classroom instruction methods that will be used to provide students with the knowledge, proficiency and skills needed to reach the goals of the school;
3. (3) A plan for evaluating student academic achievement at the proposed public charter school and the procedures for remedial action that will be used by the school when the academic achievement of a student falls below acceptable standards;
4. (4) An operating budget based on anticipated enrollment; provided, however, that such operating budget shall not exceed a ten-year projection;
5. (5) The method for conducting annual audits of the financial, administrative and program operations of the school;
6. (6) A timetable for commencing operations as a public charter school that shall provide for a minimum number of academic instruction days, which shall not be fewer than those required by statute;
7. (7) The proposed rules and policies for governance and operation of the school;
8. (8) The names and addresses of the members of the governing body;
9. (9) A description of the anticipated student enrollment and the nondiscriminatory admission policies;
10. (10) The code of behavior and discipline of the proposed public charter school;
11. (11) The plan for compliance with the applicable health and safety laws and regulations of the federal government and the laws of the state;
12. (12) The experience required of employees of the proposed public charter school;
13. (13) The identification of the individuals sponsoring the proposed public charter school, including their names and addresses;
14. (14) The procedures governing the deposit and investment of idle funds, purchasing procedures and comprehensive travel regulations;
15. (15) The plan for the management and administration of the public charter school;
16. (16) A copy of the proposed bylaws of the governing body of the charter school;
17. (17) A statement of assurance of liability by the governing body of the charter school;
18. (18) A statement of assurance to comply with this chapter and all other applicable laws;
19. (19) Types and amounts of insurance coverage to be held either by the charter school or approved by the authorizer, including provisions for assuring that the insurance provider will notify the department of education within ten (10) days of the cancellation of any insurance it carries on the charter school;
20. (20) The plan for transportation for the pupils attending the charter school; and
21. (21) Information regarding financing commitments from equity investors or debt sources for cash or similar liquid assets sufficient to demonstrate that the charter school will have liquid assets sufficiently available to operate the school on an ongoing and sound financial basis. In lieu of cash or similar liquid assets, an applicant may provide a financial bond issued by a company authorized to issue surety bonds in this state.
1 Backlink
- 49-13-110(a)
(c) A charter school application and any renewal application under § 49-13-121 shall include a disclosure of all donations of private funding, if any, including, but not limited to, gifts received from foreign governments, foreign legal entities and, when reasonably known, domestic entities affiliated with either foreign governments or foreign legal entities.
(d) Authorizers shall require no more than five (5) paper copies of the application in addition to an electronic version of the application.
(e) In reviewing and evaluating a charter application, an authorizer shall, if applicable, consider the performance, including student growth and achievement, of any charter school operated by the sponsor, governing body, or charter management organization.
(f) An authorizer may require a public charter school sponsor to pay to the authorizer an application fee of up to two thousand five hundred dollars ($2,500) with each charter school application the sponsor files.

5 Backlinks

§ 49-13-108. Approval or denial of public charter school application by public charter school authorizers.

(a) Public charter school authorizers have the authority to approve applications to establish public charter schools and to make decisions regarding the renewal and revocation of a charter agreement.
(b)
1. (1) This section only applies to applications for the creation of new public charter schools that are submitted to a local board of education.
2. (2) The local board of education shall rule by resolution, at a regular or specially called meeting, to approve or deny a public charter school application no later than ninety (90) days after the local board of education's receipt of the completed application. If the local board of education fails to approve or deny a public charter school application within the ninety-day time period prescribed in this subdivision (b)(2), then the public charter school application shall be deemed approved.
3. (3) The grounds upon which the local board of education based a decision to deny a public charter school application must be stated in writing and must specify objective reasons for the denial. Upon receipt of the grounds for denial, the sponsor has thirty (30) days from receipt to submit an amended application to correct the deficiencies. The local board of education has sixty (60) days from receipt of an amended application to deny or to approve the amended application. If the local board of education fails to approve or deny the amended application within sixty (60) days, then the amended application shall be deemed approved.
4. (4)
  1. (A) Until 11:59 p.m. on December 31, 2020:
    1. (i) A denial by the local board of education of an application to establish a public charter school may be appealed by the sponsor to the state board of education no later than ten (10) days after the date of the final decision to deny. The appeal and review process must be conducted in accordance with this subdivision (b)(4);
    2. (ii) No later than sixty (60) days after the state board of education receives a notice of appeal, or after the state board of education makes a motion to review and provides reasonable public notice, the state board of education, at a public hearing attended by the local board of education or the local board of education's designated representative and held in the LEA in which the proposed public charter school submitted the public charter school application, shall conduct a de novo on the record review of the proposed public charter school's application and make its findings;
    3. (iii) The state board of education or the state board of education's executive director, acting for the state board of education, may allow a sponsor to make corrections to the sponsor's application on appeal, except for the elements of the application required under § 49-13-107(b)(1), (2), (4), (6), (9), (12), (13), (18), and (20);
    4. (iv) If the application is for a public charter school in an LEA that does not contain a priority school on the current or last preceding priority school list, and if the state board of education finds that the local board of education's decision was contrary to the best interests of the students, LEA, or community, then the state board of education shall remand the decision to the local board of education with written instructions for approval of the public charter school application. The grounds upon which the state board of education based its decision to remand the application must be stated in writing and must specify objective reasons for the state board of education's decision. The state board of education's decision is final and is not subject to appeal. The local board of education shall be the authorizer; and
    5. (v) If the application is for a public charter school in an LEA that contains at least one (1) priority school on the current or last preceding priority school list, and if the state board of education finds that the local board of education's decision was contrary to the best interests of the students, LEA, or community, then the state board of education may approve the application for the public charter school. The state board of education's decision is final and is not subject to appeal. The state board shall be the authorizer.
  2. (B) This subdivision (b)(4) is repealed at 11:59 p.m. on December 31, 2020.
5. (5) Beginning immediately upon the repeal of subdivision (b)(4):
  1. (A) A sponsor may appeal a local board of education's decision to deny a public charter school application to the commission no later than ten (10) days after the date of the local board of education's decision. The appeal and review process must be conducted in accordance with this subdivision (b)(5);
  2. (B) After receiving a notice of appeal, the commission or the commission's designee shall:
    1. (i) Hold an open meeting in the LEA in which the proposed public charter school submitted the public charter school application. The meeting must be open to representatives from the local board of education and the sponsor. Notice of the meeting must be provided to the local board of education, the sponsor, and the general public. At least one (1) week before the meeting, notice of the meeting must be:
      1. (a) Published in a newspaper of general circulation in the county where the LEA is located; and
      2. (b) Posted on the commission's website; and
    2. (ii) Conduct a de novo on the record review of the proposed public charter school's application;
  3. (C) The commission shall either approve or deny a public charter school application no later than seventy-five (75) days from the commission's receipt of the notice of appeal;
  4. (D) The commission shall review applications on appeal in accordance with the state board of education's quality public charter school authorizing standards. Except as provided in subsection (c), if the commission finds that the application meets or exceeds the metrics outlined in the department of education's application-scoring rubric and that approval of the application is in the best interests of the students, LEA, or community, then the commission may approve the public charter school's application. The commission's decision is final and is not subject to appeal. If the commission approves an application, then the commission is the authorizer and the LEA for that public charter school. The commission may require a charter school authorized by the commission under this section to delay opening for up to one (1) school year through the charter agreement;
  5. (E) Notwithstanding subdivision (b)(5)(D), a public charter school authorized by the commission, and the local board of education of the LEA in which the public charter school is located, may, within thirty (30) calendar days of the public charter school's authorization, mutually agree in writing that the local board of education will be the authorizer and the LEA for the public charter school, and the local board of education shall assume the rights and responsibilities of the charter agreement. The charter agreement must be filed with the commission in a manner prescribed by the commission. This subdivision (b)(5)(E) also applies to a public charter school that has had its charter agreement renewed on appeal by the commission; and
  6. (F)
    1. (i) For accountability purposes under § 49-1-602, the performance of a public charter school authorized by the commission is not attributable to the LEA in which the public charter school is geographically located; and
    2. (ii) Notwithstanding subdivision (b)(5)(F)(i), if a public charter school authorized by the commission, and the LEA in which the public charter school is geographically located, mutually agree that the local board of education will be the authorizer and the LEA for the public charter school pursuant to subdivision (b)(5)(E), then for accountability purposes under § 49-1-602, the public charter school's performance shall be attributable to the LEA.
(c) The local board of education may consider whether the establishment of the proposed public charter school will have a substantial negative fiscal impact on the LEA such that authorization of the public charter school would be contrary to the best interest of the students, LEA, or community. If a local board of education's decision to deny a public charter school application is based on substantial negative fiscal impact, then the commission shall consider the fiscal impact of the public charter school on the LEA before approving a public charter school on appeal. The commission may request additional information from the public charter school sponsor and the LEA regarding such consideration. The commission shall not approve for operation any public charter school that the commission determines will have a substantial negative fiscal impact on an LEA, such that authorization of the public charter school would be contrary to the best interests of the students, LEA, or community.
(d)
1. (1) An authorizer may deny a public charter school application if the proposed public charter school plans to staff positions for teachers, administrators, ancillary support personnel, or other employees by utilizing, or otherwise relying on, nonimmigrant foreign worker H1B or J1 visa programs in excess of three and one-half percent (3.5%) of the total number of positions at any single public charter school location for any school year.
2. (2) Notwithstanding subdivision (d)(1), an authorizer shall not deny a public charter school application solely because the proposed public charter school plans to exceed the limitation in subdivision (d)(1) by employing foreign language instructors who, prior to employment, meet and, during the period for which the instructors' H1B or J1 visas have been granted, will meet all Tennessee educator licensure requirements. If an authorizer denies a public charter school application under this subsection (d), then the sponsor may appeal the authorizer's decision to deny the application as provided in subsection (b).
(e) An authorizer shall not base the authorizer's approval of a public charter school application on conditions or contingencies.
(f) The state board of education shall adopt quality public charter school authorizing standards based on national best practices. Authorizers shall adopt the authorizing standards approved by the state board of education.
1 Backlink
- 49-13-122(c)(5)
(g) No later than ten (10) days after the approval or denial of a public charter school application, the authorizer shall report to the department of education whether the authorizer approved or denied the application. The authorizer shall provide the department with a copy of the authorizer's resolution that provides the authorizer's decision and the reasons for the authorizer's decision.

1 Backlink

49-1-614(k)(3)

§ 49-13-109. Parent representative on governing body — Advisory school council.

(a) The membership of a governing body shall include at least one (1) parent representative whose child is currently enrolled in a charter school operated by the governing body. The parent representative shall be appointed by the governing body within six (6) months of the school's opening date. A charter management organization may satisfy this requirement by establishing an advisory school council at each school that it operates. An advisory school council shall consist of no fewer than five (5) members and shall include the principal, at least one (1) parent and at least one (1) teacher representative.
(b) An authorizer shall not serve as the governing body of a public charter school.

§ 49-13-110. Charter agreement.

(a) An authorizer's approval of a public charter school application must be in the form of a written charter agreement signed by the sponsor and the authorizer, which shall be binding upon the governing body of the public charter school. The charter agreement for a public charter school must be in writing and must contain all material components of the approved application required under § 49-13-107(b).
1 Backlink
- 49-13-121(f)(3)
(b) A charter agreement expires ten (10) academic years after the first day of instruction. A public charter school may delay, for a period not to exceed one (1) academic year, the school's initial opening. If the public charter school requires a delay in the school's initial opening of more than one (1) academic year, then the school must obtain approval of the delay from the school's authorizer.
1 Backlink
- 49-13-136(f)
(c) A renewal of a charter agreement shall be for a period of ten (10) academic years.
(d) The governing body of the public charter school may petition the authorizer to amend the original charter agreement. The state board of education shall determine the timelines for approval and the appeal process until 11:59 p.m. on June 30, 2021. Beginning July 1, 2021, the commission shall determine the timelines for approval and the appeal process. If the authorizer is the state board of education or the commission, then an appeal shall not be made of the state board of education's or the commission's decision to deny a petition to amend the charter agreement. The governing body of a public charter school may petition the authorizer for voluntary termination of the charter agreement before the charter agreement expires.
(e) If an LEA's local board of education changes the grade bands for the LEA's elementary schools, middle schools, elementary and secondary schools, or elementary or secondary schools, as those terms are defined in § 49-6-301, then the local board of education shall notify each public charter school authorized by the LEA at least one hundred twenty (120) days before the grade band changes are implemented to allow the public charter school to seek an amendment to the school's charter agreement.
(f)
1. (1) Upon the termination of a charter agreement and upon the closure of a public charter school for any reason, any unencumbered public funds from the public charter school automatically revert back to the authorizer. If a charter agreement is terminated and the public charter school is closed, all property and improvements, furnishings, and equipment purchased with public funds automatically revert back to the LEA, subject to complete satisfaction of any lawful liens or encumbrances.
2. (2) If a public charter school is closed for any reason, then the public charter school is responsible for all debts of the public charter school. The authorizer shall not assume the debt from any contract for goods or services made between the governing body of the public charter school and a third party, except for a debt that is previously detailed and agreed upon in writing by the authorizer and the governing body of the public charter school, and that may not reasonably be assumed to have been satisfied by the authorizer.

§ 49-13-111. Compliance.

(a) A public charter school shall, at a minimum:
1. (1) Be operated by a not-for-profit organization that is exempt from federal taxation under § 501(c)(3) of the Internal Revenue Code (26 U.S.C. § 501(c)(3));
2. (2) Operate as a public, nonsectarian, nonreligious public school, with control of instruction vested in the governing body of the public charter school under the general supervision of the authorizer and in compliance with the charter agreement and this chapter;
3. (3) Meet the performance standards and requirements adopted by the state board of education for public schools;
4. (4) Except as provided in § 49-13-142(d), receive state, federal, and local funds from the local board of education;
5. (5) Provide education services for students with disabilities, English language learners, and other students with diverse needs, in accordance with state and federal law;
6. (6) Administer state assessments as provided in chapter 1, part 6 of this title; and
7. (7) Open and operate within the geographic boundaries of the authorizing local board of education or, if the public charter school is authorized by the achievement school district or the commission, within the geographic boundaries of the LEA in which the charter sponsor has been approved to locate.
(b) A public charter school shall be subject to all federal and state laws and constitutional provisions prohibiting discrimination on the basis of disability, race, creed, color, national origin, religion, ancestry or need for special education services. A public charter school may not violate or be used to subvert any state or federal court orders in place in the local school district.
(c) A public charter school shall comply with all applicable health and safety standards, regulations and laws of the United States and this state.
(d) A public charter school shall be accountable to the authorizer for the purpose of ensuring compliance with the charter agreement and the requirements of this chapter. Authorizers shall enforce compliance with the requirements of this chapter.
(e)
1. (1) If a public charter school is located in a county having a population of less than forty thousand (40,000), according to the 2010 federal census or any subsequent federal census, then all contracts for goods in excess of ten thousand dollars ($10,000) must be bid and approved by the governing body of the public charter school.
2. (2) If a public charter school is located in a county having a population of forty thousand (40,000) or more, according to the 2010 federal census or any subsequent federal census, then all contracts for goods in excess of twenty-five thousand dollars ($25,000) must be bid and approved by the governing body of the public charter school.
(f) With regard to conflicts of interest, the governing body of a public charter school shall be subject to §§ 12-4-101 and 12-4-102.
(g) All records of a public charter school are open for personal inspection and duplication by any citizen of this state to the same extent that records of public schools operated by an LEA are open.
(h) The meetings of the governing body of a public charter school shall be deemed public business and must be held in compliance with title 8, chapter 44, part 1. All information providing notice of public meetings as required under § 8-44-103 must be kept current by a public charter school on the public charter school's website. The board of directors of a CMO may conduct a board meeting concerning a public charter school located in this state by teleconference, videoconference, or other electronic means in compliance with § 8-44-108, except that § 8-44-108(b)(2) and (3) shall not apply to such a meeting if a physical quorum is not present at the location stated in the notice of the meeting.
(i) A public charter school shall follow the state board of education's rules and regulations for licensure and endorsement of employees.
(j) All teachers in a public charter school must hold a valid Tennessee educator license.
(k) A public charter school is subject to state audit procedures and audit requirements.
(l) A public charter school shall be operated on a July 1 to June 30 fiscal year and the governing body shall adopt and operate under an annual budget for the fiscal year. The budget shall be prepared in the same format as that required by the state department of education for LEAs.
(m) A public charter school shall maintain the school's accounts and records in accordance with accounting principles generally accepted in the United States and in conformity with the uniform chart of accounts and accounting requirements prescribed by the comptroller of the treasury. The public charter school shall prepare and publish an annual financial report that encompasses all funds. The annual financial report must include the audited financial statements of the public charter school.
(n) A public charter school shall require any member of the governing body, employee, officer or other authorized person who receives funds, has access to funds, or has authority to make expenditures from funds, to give a surety bond in the form prescribed by § 8-19-101. The cost of the surety bond shall be paid by the charter school and shall be in an amount determined by the governing body.
(o) The governing body shall conduct at least one (1) annual board training course and shall provide documentation of such training to the authorizer. All training courses must be approved by the state board of education.
(p) Except where waivers are otherwise prohibited in this chapter, a public charter school may apply to either the authorizer or to the commissioner of education for a waiver of any state board rule or statute that inhibits or hinders the proposed public charter school's ability to meet the school's goals or comply with the school's mission statement. Neither the authorizer nor the commissioner shall waive regulatory or statutory requirements related to:
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.

2 Backlinks

§ 49-13-112. Allocation of state and local funds and federal funds.

(a)
1. (1) A local board of education shall allocate to the charter school an amount equal to:
  1. (A) The total of the state and local student-generated funds for member students in the charter school for the prior year in alignment with the TISA pursuant to chapter 3, part 1 of this title;
  2. (B) The average per pupil local funds received by the district in the current school year above those required by the TISA for each member student in the charter school in the prior year;
  3. (C) The per student state and local funds received by the LEA for member students in the charter school in the current school year beyond the prior year's membership; and
  4. (D) All appropriate allocations under federal law or regulation, including, but not limited to, IDEA and ESEA funds.
2. (2) Federal funds received by the LEA must be disbursed to charter schools authorized by the LEA by either joint agreement on shared services by individual charters or sub-grants to charters for the charter's equitable share of the federal grant based on eligible students. The allocation must be made in accordance with the policies and procedures developed by the department of education.
3. (3) Each LEA shall include as part of its budget submitted pursuant to § 49-2-203, the per pupil amount of local money it will pass through to charter schools during the upcoming school year, including all calculations listed in this section. Allocations to the charter schools during that year must be based on the calculated amounts. The LEA shall distribute the portion of local funds it expects to receive in no fewer than nine (9) equal installments to the charter schools in the same manner as state funds are distributed pursuant to chapter 3 of this title. An LEA shall adjust payments to charter schools, at a minimum, in October, February, and June, based on changes in revenue, student membership, or student services. All funds received by a charter school must be spent according to the budget submitted or as otherwise revised by the public charter school governing body, subject to the requirements of state and federal law.
3 Backlinks
(b) The commission shall receive from the department or from the LEA in which the public charter school is located, as appropriate, the total of the state and local student-generated funds for member students in the charter school for the prior year in alignment with the TISA, the average per pupil local funds received by the LEA in the current school year above those required by the TISA for each member student in the charter school in the prior year, the per student state and local funds received by the LEA for all additional member students in the charter school in the current year above the prior year's membership, and the per student state and local funds received by the LEA for member students in the charter school in the current school year beyond the prior year's membership for the students enrolled in a public charter school authorized by the commission. The commission shall receive, for the public charter schools the commission authorizes, all appropriate allocations of federal funds as received by other LEAs under federal law or regulation, including, but not limited to, Title I, IDEA, and ESEA funds. All funding allocations and disbursements must be made in accordance with procedures developed by the department.
(c) The state board of education shall promulgate rules and regulations that provide for the determination of the allocation of state and local funds as provided in subsection (a) and this subsection (c). Notwithstanding § 4-5-208, any rules promulgated under this subsection (c) may be promulgated as emergency rules in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. At a minimum, the rules must provide that:
1. (1) Allocations are based on one hundred percent (100%) of state and local funds received by the LEA, including current funds allocated for capital outlay purposes and funds generated under the fast-growth stipends detailed in § 49-3-107, excluding the proceeds of debt obligations and associated debt service; and
2. (2)
  1. (A) With the exception of the annual authorizer fees provided under this chapter, a public charter school shall not be required to pay a fee or purchase any services from the authorizer. Public charter schools shall not be required to pay any fee as a condition for approval of a public charter school application by the authorizer or for recommendation for approval by authorizer staff or a committee established by the authorizer for the purposes of making recommendations for public charter school application decisions;
  2. (B) A public charter school may choose to purchase services from an LEA, such as transportation or food services. In such event, the public charter school and the LEA shall execute a service contract, separate from the charter agreement, setting forth the mutual agreement of the parties concerning any service fees to be charged to the public charter school;
  3. (C) A public charter school shall not pay any administrative fee to the authorizer for charter authorizing functions, except as provided through the annual authorizer fees mandated or permitted by this chapter; and
  4. (D) If the charter agreement includes a provision whereby the authorizer will provide services for employee benefits or retirement, then the authorizer may withhold funds to cover the costs of the employee benefits or retirement services. If a services contract is executed with the authorizer, then the authorizer may withhold funds to cover the costs of the services.
1 Backlink
- 49-13-142(e)
(d) [Deleted by 2022 amendment.]
(e) Each authorizer is responsible for reporting and submitting funds to the appropriate retirement system, as required under § 8-35-242.
(f) A public charter school may also be funded by:
1. (1)
  1. (A) Federal grants;
  2. (B) Grants, gifts, devises or donations from any private sources;
  3. (C) State funds appropriated for the support of the public charter school, if any; and
  4. (D) Any other funds that may be received by the local school district.
2. (2) Receipt of any such funds shall be reported to the authorizer. Public charter schools, the local board of education and the state department of education are encouraged to apply for federal funds appropriated specifically for the support of public charter schools.

3 Backlinks

§ 49-13-113. Enrollment.

(a) Participation in a public charter school shall be based on parental choice or the choice of the legal guardian or custodian.
(b) A charter school authorized by the commission is open to students residing within the geographic boundaries of the LEA in which the charter school is located.
1 Backlink
- 49-13-106(e)
(c)
1. (1) If a public charter school’s authorizer has a policy allowing out-of-district enrollment, then the public charter school may enroll students residing outside the geographic boundaries of the LEA in which the public charter school is located if capacity is available after all eligible in-district students have been enrolled. A public charter school’s total enrollment of out-of-district students shall not exceed twenty-five percent (25%) of the public charter school’s total enrollment.
2. (2) State school funds must follow a student into the LEA in which the public charter school is located and to which the student transfers.
3. (3) Tuition may be charged by the LEA in which the public charter school is located and to which a student transfers, as provided in § 49-6-3003.
4. (4) If a public charter school’s authorizer has a policy that prohibits out-of-district enrollment, then the public charter school may request to adopt an out-of-district enrollment policy through the waiver process outlined in § 49-13-111; provided, however, that the waiver request may only be submitted to the public charter school’s authorizer for approval.
(d)
1. (1) A public charter school shall enroll an eligible pupil who submits a timely application, unless the number of applications exceeds the capacity of a program, class, grade level, or building.
2. (2) An enrollment preference shall be provided to students that attended the charter school during the previous school year.
3. (3) If the number of applications exceeds the capacity of a program, class, grade level, or building, the charter school shall select students through a lottery. The enrollment preference for returning students provided in subdivision (d)(2) shall exclude those students from entering into a lottery.
4. (4) If an enrollment lottery is conducted, a public charter school shall give enrollment preferences in the following order:
  1. (A) Students enrolled in a pre-K program operated by the charter school sponsor;
  2. (B) Students who are economically disadvantaged as provided in subdivision (d)(5), if the enrollment preference is used by the public charter school;
  3. (C) Students enrolled in a charter school that has an articulation agreement with the enrolling public charter school; provided, that the articulation agreement has been approved by the authorizer;
  4. (D) Siblings of students already enrolled in the public charter school;
  5. (E) Students residing within the geographic boundaries of the LEA in which the public charter school is located who were enrolled in another public school during the previous school year; and
  6. (F) Students residing outside the geographic boundaries of the LEA in which the public charter school is located.
5. (5) A public charter school may give an enrollment preference to students who are economically disadvantaged, as defined in § 49-3-104. A public charter school may request information to verify that a student is economically disadvantaged on the application submitted pursuant to subdivision (d)(1) for purposes of an enrollment lottery, but shall not require it. Only students who legally qualify may be given an enrollment preference pursuant to this subdivision (d)(5).
6. (6) A public charter school may give an enrollment preference to children of the public charter school's employees or to the children of a member of the public charter school's governing body, not to exceed ten percent (10%) of the public charter school's total enrollment or twenty-five (25) students, whichever is less.
7. (7)
  1. (A) A charter school shall provide to the department of education certification by an independent accounting firm or by a law firm that each lottery conducted for enrollment purposes complied with the requirements of this section. In lieu of such certification, a charter school may request that the department of education review and approve the lottery process.
  2. (B) The charter school shall comply with the Family Educational Rights and Privacy Act (20 U.S.C. § 1232g), with respect to the publication of any students' names before, during, or after the enrollment and lottery process.
8. (8) The state board of education is authorized to promulgate rules concerning lottery enrollment. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(e) Public charter schools authorized by the achievement school district (ASD) shall conduct an initial student application period of at least thirty (30) days. During this period, all students zoned to attend or currently enrolled in a school that is eligible to be placed in the ASD may enroll. If, at the end of the initial student enrollment period, the number of eligible students seeking to enroll does not exceed the public charter school's capacity or the capacity of a program, class, grade level, or building, then the public charter school may enroll additional students residing within the geographic boundaries of the LEA in which the public charter school is located; provided, however, that a public charter school's total enrollment of such students shall not exceed twenty-five percent (25%) of the public charter school's total enrollment.

1 Backlink

49-13-132

§ 49-13-114. Transportation.

(a) If a public charter school elects to provide transportation for the public charter school's students, then the transportation must be provided by the public charter school or by agreement with an LEA in accordance with chapter 6, part 21 of this title. If a public charter school elects to provide transportation other than through an agreement with an LEA, then the public charter school shall receive all funds that would have been spent by the LEA in which the public charter school is located to provide such transportation. If a public charter school elects not to provide transportation for the public charter school's students, then the public charter school shall not receive the funds that would have otherwise been spent to do so.
(b) For students who reside outside the geographic boundaries of the LEA in which the public charter school is located and who have been approved by the public charter school's governing body to attend the public charter school, the public charter school is not required to provide or pay for transportation.
(c) At the time a student enrolls in a public charter school, the public charter school shall provide the child's parent or guardian with information regarding transportation.

§ 49-13-115. Authority to open or close public charter school to in-person learning and instruction during state of emergency.

(a) During an emergency as defined in § 58-2-101, the governing body of a public charter school may consult with the state and local health departments when determining whether to open or close a school to in-person learning and instruction.
(b) Notwithstanding an executive order issued by the governor or an order issued by a local health board or other public health official, the governing body of a public charter school has the sole authority to open or close a school to in-person learning and instruction during an emergency as defined in § 58-2-101. The governing body of a public charter school may delegate the authority to open or close a school to in-person learning and instruction to the administrator of the public charter school.
(c) Notwithstanding subsection (b), during an emergency as defined in § 58-2-101, if the governor issues an executive order with statewide applicability that requires schools to be open for in-person learning and instruction, then the executive order supersedes the authority granted in subsection (b).

§ 49-13-116. Information on charter schools.

(a) The department of education shall provide information to the public on how to form and operate a public charter school. This information must include a standard application format, which must include the information specified in § 49-13-107.
(b) The department of education shall monitor the status of charter school applications and shall maintain information on the total number of charter school applications, total number of charter school applications approved, total number of charter school applications denied and total number of charter school applications appealed and the status or outcome of the appeals.

§ 49-13-117. Leaves of absence for teachers.

(a) If a teacher employed by an LEA makes a written request for an extended leave of absence to teach at a public charter school, the LEA may grant the leave. Any extensions are at the discretion of the LEA. The leave shall be governed by chapter 5, part 7 of this title, including, but not limited to, reinstatement, notice of intention to return, seniority, salary and insurance.
(b)
1. (1) The years of service acquired by a teacher while on a leave of absence to teach at a public charter school shall be used by the local board to obtain or determine tenure status; provided, that when the teacher returns to the traditional LEA from the charter school, the teacher receives two (2) consecutive years of evaluations demonstrating an overall performance effectiveness level of “above expectations” or “significantly above expectations” as required by § 49-5-504.
2. (2) If a teacher does not receive two (2) consecutive years of evaluations demonstrating an overall performance effectiveness level of “above expectations” or “significantly above expectations” pursuant to subdivision (b)(1), then the time the teacher was on leave of absence to teach at the public charter school shall not be used by the local board to determine tenure status of the teacher.
(c) For salary rating purposes, a teacher shall receive credit for years of service acquired while teaching at a public charter school.
(d) This section applies to public charter schools authorized pursuant to this chapter.

§ 49-13-118. [Repealed]

1 Backlink

49-13-142(d)

§ 49-13-119. Eligibility to participate in group insurance plans.

Teachers, as defined in § 8-34-101, and other full-time permanent employees of a public charter school, including a public charter school authorized by the achievement school district or the commission, are eligible to participate in the group insurance plans selected by the governing body of the public charter school. Public charter schools, including public charter schools authorized by the achievement school district or the commission, are entitled to participate in the state group insurance plans selected by the governing body of the public charter school in accordance with § 8-27-303.

§ 49-13-120. Reporting requirements.

(a) The governing body of the public charter school shall make an annual progress report to the authorizer and to the commissioner of education. The report must contain the following information:
1. (1) The progress of the public charter school towards achieving the goals outlined in the school's charter agreement;
2. (2) Financial records of the public charter school, including revenues and expenditures; and
3. (3) A detailed accounting, including the amounts and sources, of all funds received by the public charter school, other than the funds received under § 49-13-112(a).
(b) The reports made pursuant to subsection (a) shall be public information pursuant to § 10-7-504(a)(4). Based on the information provided to the commissioner of education under subsection (a), the commissioner shall prepare and submit an annual report on charter schools to the education committee of the senate and the education administration committee of the house of representatives.
(c) In addition to the annual audit of accounts and records of its approved public charter schools pursuant to § 49-13-127, each authorizer shall submit an annual authorizing report to the department of education and state board of education by January 1 of each year. The report shall include the following items:
1. (1) The operating status of the charter schools approved by the authorizer with a designation of:
  1. (A) Approved but not yet open;
  2. (B) Open and operating;
  3. (C) Revoked, including the reason for revocation;
  4. (D) Nonrenewed; or
  5. (E) Closed, including date of closing and the reason for closing;
2. (2) The oversight and contracted services, if any, provided by the authorizer to the charter schools approved by the authorizer; and
3. (3) A performance report for each public charter school it oversees, in accordance with the performance framework set forth in the charter agreement.

1 Backlink

49-13-121(d)

§ 49-13-121. Renewal of charter — Voluntary closure.

(a) No later than April 1 of the year prior to the year in which the charter expires, the governing body of a public charter school seeking renewal shall submit a renewal application to the local board of education, if the local board of education is the authorizer, or to the commission or the local board of education, if the commission is the authorizer, on the standardized application form developed by the department of education.
(b) A public charter school renewal application must contain a report of the public charter school's operations, including students' standardized test scores, financial statements, and audits for the eight (8) years immediately preceding the date of the renewal application.
(c) Three (3) months prior to the date on which a public charter school is required to submit a renewal application, the authorizer shall submit to the public charter school a performance report that reflects the renewal evaluation.
(d) On or before the February 1 of the year in which the charter expires, the authorizer to which the renewal application was submitted shall rule by resolution to approve or deny the public charter school's renewal application. The authorizer shall consider the renewal application, the annual progress reports required under § 49-13-120, and the renewal performance report required under subsection (b) when deciding whether to approve or deny the public charter school's renewal application.
(e)
1. (1) Until 11:59 p.m. on December 31, 2020:
  1. (A) A local board of education's decision to deny a renewal application may be appealed by the governing body to the state board of education no later than ten (10) days after the date of the local board of education's decision;
  2. (B) If the state board of education finds that the local board of education's decision to deny renewal of a charter agreement is contrary to the best interest of the students, LEA, or community, and the renewal application is for a public charter school in an LEA that does not contain a school on the current or last preceding priority school list, then the state board of education shall remand the decision to the local board of education with written instructions for approval of the renewal application. The local board of education shall remain the authorizer;
  3. (C) If the state board of education finds that the local board of education's decision not to renew a charter agreement was contrary to the best interests of the students, LEA, or community, and the renewal application is for a public charter school in an LEA that contains at least one (1) school on the current or last preceding priority school list, then the state board of education shall approve the renewal application and the state board of education shall be the authorizer; and
  4. (D) A decision by the state board of education to deny the renewal of a charter agreement is final and is not subject to appeal.
2. (2) This subsection (e) is repealed at 11:59 p.m. on December 31, 2020.
(f) Beginning immediately upon the repeal of subsection (e):
1. (1) A local board of education's decision to deny a renewal application may be appealed by the governing body to the commission no later than ten (10) days after the date of the local board of education's decision;
2. (2) If the commission finds that the local board of education's decision to deny renewal of a charter agreement is contrary to the best interest of the students, LEA, or community, then the commission shall approve the renewal application and the commission shall become the authorizer. A decision by the commission to deny the renewal charter agreement is final and is not subject to appeal; and
3. (3) If the commission approves the renewal of a charter agreement on appeal from a local board of education, then the public charter school and the commission shall enter into a renewed charter agreement in accordance with § 49-13-110(a).
(g) If a public charter school renewal application is approved, then the term of the renewed charter agreement shall be for ten (10) academic years.
(h) A decision to deny renewal of a charter agreement becomes effective at the close of the school year.
(i) No later than ten (10) days after an authorizer adopts a resolution to renew or deny renewal of a charter agreement, the authorizer shall report the authorizer's decision to the department of education and shall provide a copy of the resolution that sets forth the authorizer's decision and the reasons for the decision.
(j) If a public charter school voluntarily closes, then the public charter school's agreement with the authorizer ceases to be effective as of the public charter school's closing date.
(k) The authorizer shall conduct an interim review of a public charter school in the fifth year of a public charter school's initial period of operation and in the fifth year following any renewal of a charter agreement under guidelines developed by the department of education. The guidelines must require a public charter school to submit a report to the authorizer on the progress of the public charter school in achieving its goals and objectives, including student performance and other terms of the approved charter agreement.

2 Backlinks

§ 49-13-122. Revocation of charter.

(a)
1. (1) An authorizer, excluding the achievement school district, may revoke a public charter school agreement if the public charter school receives identification as a priority school, as defined by the state's accountability system pursuant to § 49-1-602; provided, however, that an authorizer shall not revoke a public charter school agreement based on the public charter school being identified as a priority school on the priority school list issued in 2022 or 2023. The revocation takes effect immediately following the close of the school year in which the public charter school is identified as a priority school.
2. (2) If the authorizer does not revoke a public charter school agreement after a public charter school is identified as a priority school, then the public charter school must develop and implement a comprehensive support and improvement plan pursuant to § 49-1-602(b)(6).
3. (3) An authorizer, excluding the achievement school district, shall revoke a public charter school agreement if the public charter school receives identification as a priority school for two (2) consecutive cycles. The revocation takes effect immediately following the close of the school year in which the public charter school is identified as a priority school for the second consecutive cycle. The priority school lists issued in 2022 and 2023 shall not be considered a priority school cycle for purposes of this subdivision (a)(3) and shall not subject a public charter school to automatic revocation of its charter agreement.
4. (4) The revocation of a public charter school agreement under subdivisions (a)(1) or (a)(3) is final and is not subject to appeal. A public charter school that is scheduled to close under this subsection (a) is entitled to a review by the department of education to verify the accuracy of the data used to identify the public charter school as a priority school.
5. (5) This subsection (a) does not prohibit an authorizer from revoking a charter agreement of a public charter school that fails to meet the minimum performance requirements set forth in the charter agreement.
(b) A public charter school agreement may be revoked by the authorizer if the authorizer determines that the school:
1. (1) Committed a material violation of the conditions, standards, or procedures set forth in the charter agreement;
2. (2) Failed to meet or make sufficient progress toward the performance expectations set forth in the charter agreement; or
3. (3) Failed to meet generally accepted standards of fiscal management.
(c)
1. (1) Each authorizer shall, by August 1, 2023, adopt a progressive intervention policy that outlines the process for charter school intervention if the authorizer determines that a public charter school meets the criteria for revocation under subsection (b), or if the authorizer determines that a public charter school is not complying with this chapter or with the charter agreement.
2. (2) If an authorizer determines that a public charter school meets the criteria for revocation under subsection (b), or that a public charter school is not complying with this chapter or with the charter agreement, then the authorizer shall promptly notify the public charter school and provide the public charter school the opportunity to remedy the issue within the timeframe established by the authorizer according to the authorizer's progressive intervention policy.
3. (3) If the public charter school fails to remedy the issue within the timeframe established by the authorizer according to the authorizer's progressive intervention policy, then the authorizer may issue corrective actions short of revocation; provided, that a corrective action shall not include a financial sanction. Corrective actions short of revocation that may be issued by the authorizer must be outlined in the authorizer's progressive intervention policy.
4. (4) If the corrective actions fail to remedy the issue, then the authorizer may seek revocation of the charter agreement pursuant to this section.
5. (5) Each progressive intervention policy must align with the state board of education's quality public charter school authorizing standards adopted pursuant to § 49-13-108(f), and must be reviewed by the state board of education as part of the authorizer quality evaluation required under § 49-13-145.
(d) A charter agreement may be revoked at any time by the authorizer in an emergency situation without the authorizer first having to implement the progressive intervention policy. An emergency situation includes, but is not limited to, instances of fraud; misappropriation of funds; flagrant violation of health and safety laws, rules, and regulations; flagrant disregard of the charter agreement; or similar misconduct.
(e) Thirty (30) days prior to a decision by an authorizer to revoke a charter agreement, the authorizer shall notify the public charter school in writing of the possibility of revocation and the reasons for the possible revocation.
(f) If the authorizer revokes a charter agreement, then the authorizer shall clearly state in writing the reasons for the revocation.
(g) No later than ten (10) days after an authorizer adopts a resolution to revoke a charter agreement, the authorizer shall report the authorizer's decision to the department of education and shall provide a copy of the resolution that sets forth the authorizer's decision and the reasons for the decision.
(h)
1. (1) A decision to revoke a charter agreement may be appealed to the commission no later than ten (10) days after the date of the decision, except for revocations based on the violations specified in subsection (a). No later than sixty (60) days after the commission receives a notice of appeal and after the commission provides reasonable public notice, the commission shall hold an open meeting in the LEA in which the public charter school has been operating to conduct a de novo on the record review of the local board of education's decision. In order to overturn a local board of education's decision to revoke a charter agreement, the commission must find that the decision was contrary to this section. If the commission overturns the local board of education's decision to revoke a charter agreement, then the commission shall remand the decision to the local board of education and the local board of education shall remain the authorizer. The commission's decision is final and is not subject to appeal.
2. (2) This subsection (h) only applies to decisions to revoke a charter agreement for which the local board of education is the authorizer.
1 Backlink
- 49-13-130(6)
(i) Except in an emergency situation, as described in subsection (d), a decision to revoke a charter agreement becomes effective at the close of the school year.

1 Backlink

49-13-130(4)

§ 49-13-123. [Repealed]

§ 49-13-124. Charter school powers.

(a) The governing body of a public charter school may sue and be sued. The governing body may not levy taxes or issue bonds except in accordance with state law. A public charter school may conduct activities necessary and appropriate to carry out its responsibilities such as:
1. (1) Contract for services, except for the management or operation of the charter school by a for-profit entity;
2. (2) Buy, sell or lease property;
3. (3) Borrow funds as needed; and
4. (4) Pledge its assets as security; provided, however, that those assets are not leased or loaned by the state or local government.
(b) The authorizer may endorse the submission of the school credit bond application to the local taxing authority, if the project is a qualified project under § 54E(c)(2) or § 54F(d)(1) of the Internal Revenue Code of 1986 (26 U.S.C. § 54E(c)(2) and 26 U.S.C. § 54F(d)(1), respectively), and the Tennessee State School Bond Authority Act, compiled in chapter 3, part 12 of this title, and with respect to § 54E(c)(2), the applicant can demonstrate that the applicant meets the ten percent (10%) matching funds requirement, as prescribed by § 54E(c)(2).

§ 49-13-125. Immunity.

The governing body of a charter school shall be subject to the same limits of liability as local school systems and shall provide insurance in accordance with § 49-13-107 for any liability exposure.

§ 49-13-126. Promulgation of rules and regulations.

(a) The state board of education is authorized to promulgate rules for the administration of this chapter. Rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(b) Notwithstanding any other provision of this chapter to the contrary, the commissioner of education shall promulgate rules and procedures for the authorization of charter schools by the achievement school district pursuant to this chapter. Rules must be promulgated in accordance with the Uniform Administrative Procedures Act.

§ 49-13-127. Audits.

(a)
1. (1) The comptroller of the treasury is authorized to audit any books and records, including internal school activity and cafeteria funds, of any charter school created under this chapter and by virtue of the statutes of this state when the audit is deemed necessary or appropriate by the comptroller of the treasury. The comptroller of the treasury shall have the full cooperation of officials of the charter school in the performance of the audit or audits.
2. (2)
  1. (A) The comptroller of the treasury is authorized to audit all financial transactions of a CMO for any charter school created under this chapter and by virtue of the statutes of this state when the audit is deemed necessary or appropriate by the comptroller of the treasury. The comptroller of the treasury may appoint a certified public accountant or direct the department of audit to prepare the audit. The cost of the audit shall be paid by the CMO. The comptroller of the treasury shall have the full cooperation of officials of the CMO in the performance of the audit or audits.
  2. (B) All CMOs operating a charter school in this state shall file an annual financial report with the comptroller of the treasury detailing transactions between the CMO and any charter school operated by the CMO in this state. The report shall be:
    1. (i) For the fiscal year ending June 30;
    2. (ii) Filed in a form prescribed by the comptroller of the treasury; and
    3. (iii) Filed by the CMO with the comptroller of the treasury no later than August 31 of each year.
(b)
1. (1) The governing body of the charter school shall cause an annual audit to be made of the accounts and records, including internal school activity and cafeteria funds, of their school. The audits may be prepared by certified public accountants or by the department of audit.
2. (2) The audit shall be completed as soon as practical after June 30 of each year and a copy of the audit shall be furnished to the local board of education, the commissioner of education and the comptroller of the treasury.
3. (3) A CMO may comply with subdivision (b)(1) by submitting one (1) audit for all the charter schools operated in Tennessee by the CMO; provided, that such audit includes all information required under this section for each school.
(c) 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 auditing standards and determining if the audits meet minimum audit standards and regulations, which shall be prescribed by the comptroller of the treasury. No audit may be accepted as meeting the requirements of this section until the audit has been approved by the comptroller of the treasury. In the event the governing body fails or refuses to have the audit prepared, then the comptroller of the treasury may appoint a certified public accountant or direct the department of audit to prepare the audit. The cost of the audit shall be paid by the governing body.

1 Backlink

49-13-120(c)

§ 49-13-128. Annual authorizer fee.

(a) Beginning with the 2018-2019 school year, if the local board of education is the authorizer of a charter school, then the local board shall receive an annual authorizer fee that is a percentage of the charter school's per student state and local funding as allocated under § 49-13-112. The annual authorizer fee shall be the lesser of three percent (3%) of the annual per student state and local allocations or thirty-five thousand dollars ($35,000) per school.
(b) The LEA shall use the annual authorizer fee exclusively for fulfilling authorizing obligations in accordance with this chapter.
(c) If, for any school year, the total amount of authorizer fees collected by the LEA exceeds the amount used by the LEA to perform its authorizing obligations and responsibilities, the LEA shall distribute the amount remaining to its authorized public charter schools. The department shall develop a process to refund the unused fees to authorized public charter schools in the school year immediately following the school year in which the unused fees were collected by the LEA.
(d) If the achievement school district (ASD) authorizes a public charter school under § 49-1-614, then the ASD must receive an annual authorizer fee of up to three percent (3%) of the public charter school's per pupil state and local funding as allocated under § 49-13-112(a). By May 1 of each year, the commissioner shall set the percentage of a public charter school's per pupil state and local funding that the ASD must receive as the annual authorizer fee for the next school year.
(e) If the commission authorizes a public charter school under this chapter, then the commission must receive an annual authorizer fee of up to three percent (3%) of the public charter school's per pupil state and local funding as allocated under § 49-13-112(a). By May 1 of each year, the commission or the commission's designee shall set the percentage of a public charter school's per student state and local funding that the commission shall receive as the annual authorizer fee for the next school year. Notwithstanding subsection (b), the commission may use the commission's annual authorizer fee to fulfill obligations consistent with the authority of the commission as set forth in this chapter.
(f) By December 1 of each year, each LEA that collects an annual authorizer fee shall report the total amount of authorizer fees collected in the previous school year and the authorizing obligations fulfilled using the fee to the department of education. The department shall create a standard document for the purposes of this report and shall post the information on the department's website.

1 Backlink

49-13-145(c)(2)

§ 49-13-129. [Repealed]

§ 49-13-130. Closure of charter school.

Each authorizer shall have a procedure in place for the closure of a charter school prior to the decision to deny renewal or revoke a charter agreement. Closure of a charter school by each authorizer shall be in accordance with the following:
1. (1) Within one (1) calendar week of a decision to deny renewal or revoke a charter agreement, a charter school must notify in writing the parents or legal guardians of all students enrolled in the school of the closure decision;
2. (2) Within two (2) calendar weeks of an authorizer's decision to close a charter school, the authorizer shall meet with the school's governing body and leadership to establish a transition team composed of staff from the charter school, staff from the authorizer, and anyone else the authorizer deems necessary, who shall attend to the closure, including:
  1. (A) The transfer of students;
  2. (B) The release and transfer of student records to the authorizer or the department;
  3. (C) The release and transfer of personnel records to the authorizer or the department;
  4. (D) The submission of financial statements to the appropriate authorizer or department;
  5. (E) The disposition of school funds;
  6. (F) The disposition of school assets; and
  7. (G) A school audit pursuant to § 49-2-112;
3. (3) Each authorizer and transition team shall, within thirty (30) days of the decision to close a charter school, communicate to the families of students enrolled in the school all other public school options for which the student is eligible to enroll;
4. (4) When a public charter school agreement has been denied renewal or revoked, the public charter school shall not enroll any new students. If the denial of renewal or revocation is overturned on appeal pursuant to § 49-13-122, then the public charter school may continue to enroll students;
5. (5) Each authorizer and transition team shall communicate regularly with the families of students enrolled in the school, as well as with school staff and other stakeholders, to keep them apprised of key information regarding the school's closing;
6. (6) Each authorizer and transition team shall ensure that current instruction of students enrolled in the school continues, pursuant to the charter agreement, for the remainder of the school year unless an immediate closure is ordered by the authorizer in accordance with § 49-13-122(h);
7. (7) Each authorizer and transition team shall ensure that all agencies, employees, insurers, contractors, creditors, debtors, and management organizations are properly notified of the closing of the charter school; and
8. (8) The governing body of the charter school shall continue to meet as necessary to wind down school operations, manage school finances, allocate resources, and facilitate the closure.

§ 49-13-131. [Repealed]

§ 49-13-132. List of student names, ages, addresses, dates of attendance and grade levels completed.

To effectuate § 49-13-113, within thirty (30) days of receiving a request from an authorizer or a public charter school approved to operate one (1) or more schools within the geographic boundaries of the LEA, the LEA shall provide at no cost a list of student names, ages, addresses, electronic mail addresses, telephone listings, the most recent school attended, dates of attendance, and grade levels completed in accordance with § 10-7-504 and the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g). Such information shall not be released by the receiving entity to outside parties without prior written consent from the parent or eligible student. Each recipient of such information shall adopt and implement a policy allowing parents or eligible students to decline to receive further information from the charter school.

§ 49-13-133. [Repealed]

§ 49-13-134. Establishment of non-charter public schools of innovation.

LEAs in which there exist charter schools or in which charter schools are proposed to be created are strongly encouraged to establish non-charter public schools of innovation using federal funding that is available for such purpose. Such non-charter public schools shall be designed to function as a control group to enable the effectiveness of charter schools to be more adequately assessed through comparative evaluations.

§ 49-13-135. Method of calculating all terms and costs related to lease, lease-purchase agreement, or other contract or agreement between LEA and charter school.

An LEA shall establish a transparent and uniform method of calculating all terms and costs related to any lease, lease-purchase agreement, or other contract or agreement executed between the LEA and a charter school for the use of the LEA's educational facilities. The LEA shall retain and make available for audit, by the department of education, all records and any supporting documentation related to the execution of such a lease or agreement.

§ 49-13-136. Use of capital outlay funds — Contracting for goods and services — Underutilized and vacant properties.

(a) Charter schools may use capital outlay funds for the following purposes:
1. (1) Purchase, lease-purchase, or lease of real property;
2. (2) Purchase, lease-purchase, or lease of school facilities;
3. (3) Construction or renovation of school facilities, including renovation, rehabilitation, or alteration of existing facilities to comply with applicable codes and health and safety standards necessary to use the property or facility, or to make the property or facility useful;
4. (4) Purchase, lease-purchase, or lease of any tangible or intangible property, including furniture, computers for a computer lab, science lab equipment, or other equipment if such purchase is necessary to use the property or facility, or to make the property or facility useful; and
5. (5) Pay debt service on any transaction authorized under this subsection (a).
(b) A public charter school may contract with the LEA or any third party for the provision of goods and services necessary to use the property or facility or to make the property or facility useful.
(c)
1. (1) No later than October 1, in any LEA in which one (1) or more charter schools operates, the LEA shall catalog each year all underutilized or vacant properties owned or operated by the LEA and all underutilized or vacant properties within any educational facility owned or operated by the LEA. The LEA shall submit a comprehensive listing of all such properties to the department of education and the comptroller of the treasury. The department shall make an LEA's list available to any charter school operating in the LEA or to any sponsor seeking to establish a public charter school in the LEA.
2. (2) An LEA having underutilized or vacant properties shall make the underutilized or vacant properties available for use by charter schools operating in the LEA. Any lease agreement executed between a charter school and an LEA shall not reflect any outstanding bonded debt on the underutilized or vacant property, except as agreed upon to reflect any necessary costs associated with the occupation or remodeling of the facility.
(d) On or before October 11, 2011, the department shall adopt uniform guidelines to be used to determine what constitutes the irregular or intermittent use of property by an LEA. In any LEA in which one (1) or more charter schools operates, the LEA shall use such guidelines to catalog all underutilized or vacant properties owned or operated by the LEA.
(e) Nothing in this section is intended to frustrate an LEA's ability to plan for the use of underutilized or vacant properties owned or operated by the LEA. In any LEA in which one (1) or more charter schools operates, the LEA shall submit each year its plans for the use of underutilized or vacant properties owned or operated by the LEA in its annual report to the department of education and the comptroller of the treasury.
(f) At least sixty (60) days prior to the opening of the public charter school, the charter sponsor shall submit the physical address of the public charter school to the authorizer and the department of education. If a public charter school has not secured a physical location for its school at least sixty (60) days prior to opening, then the public charter school must seek a delay in opening pursuant to § 49-13-110(b).

1 Backlink

49-13-144(a)

§ 49-13-137. [Reserved.]

§ 49-13-138. [Repealed]

§ 49-13-139. [Repealed]

§ 49-13-140. [Repealed]

§ 49-13-141. LEAs sponsoring public charter schools.

Notwithstanding any law to the contrary, an LEA may be the sponsor of a public charter school. If an LEA sponsors a public charter school, then the commission serves as the authorizer.

§ 49-13-142. Oversight and monitoring of charter schools authorized by state board upon appeal from denial of approval of a charter school application by certain LEAs.

(a) [Effective until July 1, 2021. See subsection (i)] This section shall only apply to charter schools authorized by the state board of education upon appeal from a denial of approval of a charter school application by an LEA that contains at least one (1) priority school on the current or last preceding priority school list.
(b) [Effective until July 1, 2021. See subsection (i)]
1. (1) Except as provided in subdivision (b)(3), oversight and monitoring of charter schools authorized by the state board of education shall be performed by the state board. As requested, the department of education shall assist the state board with general oversight of any charter school authorized by the state board.
2. (2) A charter school authorized by the state board shall continue to be overseen and monitored by the state board notwithstanding the subsequent removal of all schools in an LEA from the priority school list; provided, however, that in the case of a charter school authorized by the state board but renewed by the LEA in accordance with § 49-13-121, the LEA becomes the authorizer and shall be responsible for oversight and monitoring of the charter school.
3. (3) A charter school authorized by the state board and the LEA in which the charter school is located may, within thirty (30) calendar days of such authorization, mutually agree that the charter school shall be overseen and monitored by the LEA. Any such agreement shall be filed with the state board in a manner prescribed by the state board. This subdivision (b)(3) shall also apply to charter schools renewed on appeal by the state board.
(c) [Effective until July 1, 2021. See subsection (i)]
1. (1) Except as provided in subdivision (c)(2), for accountability purposes under § 49-1-602, the performance of a charter school authorized by the state board of education shall not be attributable to the LEA.
2. (2) If a charter school authorized by the state board and the LEA in which the charter school is located mutually agree that the charter school shall be overseen and monitored by the LEA pursuant to subdivision (b)(2), then, for accountability purposes under § 49-1-602, the performance of the charter school shall be attributable to the LEA.
(d) [Effective until July 1, 2021. See subsection (i)] The state board shall receive from the department of education or from the LEA in which the charter school is located, as appropriate, an amount equal to the per student state and local funds received by the department or the LEA in which the charter school is located for the students enrolled in a charter school authorized by the state board. The state board shall receive for the charter schools it authorizes all appropriate allocations of federal funds as do other LEAs under federal law or regulations, including, but not limited to, Title I, IDEA, and ESEA funds. All funding allocations and disbursements shall be made in accordance with procedures developed by the department. Funding for charter schools authorized by the state board shall be in accordance with §§ 49-13-112 and 49-13-118.
1 Backlink
- 49-13-111(a)(4)
(e) [Effective until July 1, 2021. See subsection (i)] The department shall determine the amount of the state BEP non-classroom component for capital outlay to be distributed, according to § 49-13-112(c), to a charter school authorized by the state board. The LEA shall pay to the department one hundred percent (100%) of the required local match under the BEP for capital outlay as a nonclassroom component for distribution to the charter school.
(f) [Effective until July 1, 2021. See subsection (i)] A charter school authorized by the state board may contract with the LEA in which the school operates for school support services or student support services, including, but not limited to, food services and transportation.
(g) [Effective until July 1, 2021. See subsection (i)] The state board of education is the LEA for all charter schools it authorizes.
(h)
1. (1) On July 1, 2021, all charter agreements for which the state board of education is the authorizer shall be transferred, for the remainder of the unexpired term of the charter agreement, to the commission if documentation of mutual agreement to the transfer has been executed by the public charter school's governing body and the commission.
2. (2) Documentation of mutual agreement must be in the form of a written agreement between the public charter school's governing body and the commission. The agreement must include any modification or amendment of the charter agreement as may be mutually agreed upon by the public charter school's governing body and the commission.
3. (3) On July 1, 2021, subject to documentation of mutual agreement, the commission shall assume all authorizer rights under charter agreements executed by the state board of education.
4. (4) The state board of education shall transfer to the commission all student records and public charter school performance data collected and maintained in the performance of the state board of education's duties as an authorizer.
5. (5) The commission, in consultation with the governing body of a public charter school that is operating under a charter agreement that is to be transferred under this subsection (h), shall provide for timely notification of the transfer of the charter agreement, and any modifications or amendments to the charter agreement that are included in the written agreement executed under subdivision (h)(2), to parents or guardians of students enrolled in a public charter school affected by the transfer.
6. (6) If a public charter school's governing body and the commission cannot reach a mutual agreement before July 1, 2021, then the charter agreement authorized by the state board of education terminates on July 1, 2021.
(i) Subsections (a)-(g) are repealed on July 1, 2021.

§ 49-13-143. Performance framework.

(a) The performance-related provisions within a charter agreement shall be based on a performance framework that clearly sets forth the academic and operational performance indicators, measures, and metrics that will guide the authorizer's evaluation of each public charter school. The department of education shall develop a model performance framework that includes, at a minimum, student academic performance, achievement gaps between major student subgroups, postsecondary readiness, and financial performance and sustainability.
(b) Authorizers may develop and adopt a performance framework for all schools authorized for operation, including both charter and non-charter public schools. If an authorizer has not adopted a performance framework for all of the authorizer's schools, then it must adopt a performance framework aligned to the model performance framework developed by the department of education for the department's charter schools.

§ 49-13-144. Public charter schools facilities program.

(a) The commissioner of education is authorized to establish a public charter schools facilities program for the purpose of assisting public charter schools in acquiring and improving property to educate students, including the purchase of property, general capital improvements to existing and available buildings, assistance with any costs associated with the purchase or lease of underutilized or vacant property available pursuant to § 49-13-136, and assistance with the repayment of debt incurred for existing capital outlay projects.
(b) The commissioner may award grants and loans through the charter schools facilities program to public charter school governing bodies or charter management organizations for qualifying capital projects as determined through policies developed by the department of education. Such policies shall ensure funds are made available on an equitable basis for the benefit of public charter schools of all sizes, characteristics, geographic locations, and authorizers.
(c) Subject to appropriations, a public charter schools facilities fund shall be established as a separate account in the state treasury for the purposes of funding approved projects through the public charter schools facilities program. Costs for administering the public charter schools facilities program may be funded from the public charter schools facilities program fund. Amounts remaining in the fund at the end of each fiscal year shall not revert to the general fund. Moneys in the public charter schools facilities program fund shall be invested by the state treasurer pursuant to title 9, chapter 4, part 6 for the sole benefit of the fund.

§ 49-13-145. Effective operation of authorizers — Authorizer quality.

(a) The state board of education shall ensure the effective operation of authorizers in this state and shall evaluate authorizer quality.
(b) In order to evaluate authorizer quality, the state board of education is authorized to conduct periodic evaluations of authorizers to determine authorizer compliance with the requirements of this chapter and with the rules and regulations of the state board of education, and to ensure alignment with the state board of education's quality authorizing standards.
(c)
1. (1) If the state board of education finds that an authorizer is not in compliance with the requirements of this chapter, the rules and regulations of the state board of education, or the state board of education's quality authorizing standards, then the state board of education shall provide the authorizer with written notification of the authorizer's noncompliance.
2. (2) The authorizer shall respond to the written notification no later than ten (10) business days after the date of the written notification and shall remedy the authorizer's noncompliance within the timeframe determined by the state board of education. An authorizer's failure to remedy the authorizer's noncompliance may result in a reduction of the authorizer fee provided in § 49-13-128, as determined by the state board of education.
(d) The state board of education is authorized to promulgate rules to effectuate this section. The rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 2.

1 Backlink

49-13-122(c)(5)

Chapter 14 Higher Education Accountability Act of 2004

§ 49-14-101. Short title.

This chapter shall be known and may be cited as the “Higher Education Accountability Act of 2004.”

§ 49-14-102. Creation of audit committee — Employment of internal auditor.

(a) The board of regents and each state university board created under chapter 8, part 2 of this title and the University of Tennessee board of trustees created under chapter 9, part 2 of this title shall each create an audit committee. Each board is authorized to select one (1) or more certified public accountants or other qualified citizens who are not members of such board to serve on the audit committee.
(b) Each audit committee shall employ a person qualified by training and experience to serve as the chief internal auditor. The chief internal auditor shall report directly to the audit committee and respective board and shall be removable only for cause by a majority vote of the respective board. The internal auditor shall file a report on the audit work with the audit committee at least annually.
(c) An audit committee created pursuant to this chapter shall also be subject to the State of Tennessee Audit Committee Act of 2005, compiled in title 4, chapter 35.

§ 49-14-103. Establishment of process for confidentially reporting misconduct.

(a) The internal auditor shall establish a process by which students, employees, taxpayers or other citizens may confidentially report suspected illegal, improper, wasteful or fraudulent activity. The detailed information received pursuant to such a report of illegal, improper, wasteful or fraudulent activity or any ongoing investigation of the activity shall be considered working papers of the internal auditor and shall be confidential under title 10, chapter 7. Each year the internal auditor shall include within the auditor's annual report a summary of all completed audit activities pursuant to this chapter.
(b) Section 8-50-116 shall apply to all higher education employees. In addition, no higher education employee shall suffer any of the actions specified in § 8-50-116 for reporting to or cooperating with auditors or for reporting any facts to the governing boards of public institutions of higher education or to the audit committees of those boards. It is a Class A misdemeanor to knowingly and willingly retaliate or take adverse action of any kind against any person for reporting alleged wrongdoing pursuant to this chapter.

§ 49-14-104. Reports — Legislative intent.

The governing boards of all public institutions of higher education shall establish a policy requiring that annual reports detailing expenditures made by, at the direction of, or for the benefit of a system head or chief executive of an institution are to be filed with their respective boards. It is the legislative intent that the policy require the report of discretionary expenditures, which shall include, but not be limited to, unrestricted gifts, foundation funds, athletic funds, sponsorship fees, licenses and royalty funds, and other such funds that would not be included in the operating budget for the system head's or chief executive's office. System heads or chief executives shall not have the authority to grant themselves an exception to fiscal, spending, or travel policies established by their boards or by statute.

§ 49-14-105. Removal of governing board members for neglect of duty.

Members of any governing board of public higher education shall be subject to removal from the board for neglect of duty. The governor may petition for a board member's removal due to neglect of duty and the removal shall be effective upon a majority vote of the voting board members.

§ 49-14-106. Hiring of internal auditors — Termination of employment.

(a) The hiring of community college internal auditors shall be done upon the recommendation of the institutional presidents with the approval of the chancellor or designee of the board of regents system. Termination of employment of community college internal auditors shall require prior approval by the chancellor of the board of regents system and the board's audit committee.
(b) The hiring of campus internal auditors shall be done upon the recommendation of the institutional presidents with the approval of the chancellor or the University of Tennessee president or designee as applicable. Termination of employment of campus internal auditors shall require prior approval by the chancellor or University of Tennessee president as applicable and the board audit committee. Annual or other periodic audits of chief executives shall be performed by an internal auditor or auditors who do not report to the chief executive being audited.
(c) Annual or other periodic audits of chief executives shall be performed by an internal auditor or auditors who are not employees of the institution of the chief executive being audited. Notwithstanding the foregoing, internal auditors or auditors who report to the board audit committee may perform annual or other periodic audits of the chancellor of the board of regents system or the University of Tennessee president.

Chapter 15 Cooperative Innovative High School Programs

§ 49-15-101. Purpose — Requirements of programs.

(a) The purpose of this chapter is to authorize public postsecondary institutions and LEAs to jointly establish cooperative innovative programs in high schools and public postsecondary institutions, including, but not limited to, universities, community colleges and colleges of applied technology, that will expand students' opportunities for educational success through high quality instructional programming. These cooperative innovative high school programs shall target:
1. (1) High school students who are at risk of dropping out of school before attaining a high school diploma; or
2. (2) High school students who would benefit from accelerated academic instruction.
(b) All cooperative innovative high school programs established under this chapter shall:
1. (1) Prepare students adequately for future learning in the workforce or in an institution of higher education;
2. (2) Expand students' educational opportunities within the public school system;
3. (3) Be centered on the core academic standards represented by the preparatory pathway as defined by the state board of education that will adequately prepare the student to enter postsecondary education or the workplace without academic remediation;
4. (4) Encourage the cooperative or shared use of resources, personnel and facilities between public schools and postsecondary institutions;
5. (5) Integrate and emphasize both academic and technical skills necessary for students to be successful in a more demanding and changing workplace;
6. (6) Emphasize parental involvement and provide consistent counseling, advising and parent conferencing at the secondary level so that parents and students can make responsible decisions regarding course taking and can track the students' academic progress and success;
7. (7) Be held accountable for meeting measurable student achievement results as established by the state board of education, the University of Tennessee system, and the Tennessee board of regents;
8. (8) Encourage the use of different and innovative teaching methods;
9. (9) Establish joint institutional responsibility and accountability for support of students and their success;
10. (10) Effectively utilize existing funding sources for high school, college, university and career and technical programs and actively pursue new funding from other sources;
11. (11) Develop methods for early identification of potential participating students in the middle grades through high school; and
12. (12) Reduce the percentage of students needing remedial courses upon their initial entry from high school into a postsecondary institution.
(c) Programs developed under this chapter that target students who are at risk of dropping out of high school before attaining a high school diploma shall:
1. (1) Provide these students with the opportunity to graduate from high school possessing the core academic skills needed for postsecondary education and high-skilled employment;
2. (2) Enable students to complete a technical or academic program in a field that is in high demand and has high wages;
3. (3) Set and achieve goals that significantly reduce dropout rates and raise high school and college retention, certification and degree completion rates; and
4. (4) Enable students who complete these programs to pass employer exams, if applicable.
(d) Cooperative innovative high school programs that offer accelerated learning programs shall:
1. (1) Provide a flexible, customized program of instruction for students who would benefit from accelerated, higher level coursework or early graduation from high school;
2. (2) Enable students to obtain a high school diploma in less than four (4) years, to begin or complete an associate degree program, to master a certificate or diploma in a career or technical program or to earn up to two (2) years of postsecondary credit; and
3. (3) Offer a college preparatory academic core and in-depth studies in a career or technical field that will lead to advanced programs or employment opportunities in engineering, health sciences or teaching.
(e) Cooperative innovative high school programs may include, but shall not be limited to, the creation of a school within a school, a technical high school or a high school or technical center located on the campus of a postsecondary institution.
(f) Students shall be eligible to attend these programs as early as the ninth grade.

1 Backlink

49-15-104(b)(1)

§ 49-15-102. Chapter definitions.

As used in this chapter, unless the context otherwise requires:
1. (1) “Consortium” means the consortium for cooperative innovative education created under § 49-15-103;
2. (2) “Dual credit program” means a postsecondary course, taught in a high school by certified secondary instructors, the successful completion of which prepares a secondary student to sit for a postsecondary challenge examination, administered under the supervision of postsecondary faculty or a consortium approved certified secondary instructor. The student's score on the challenge examination shall be used by a postsecondary institution for evaluation to determine the granting of postsecondary credit towards a diploma or a certificate or an associate or baccalaureate degree;
3. (3) “Dual enrollment program” means a program in which a secondary student is enrolled in a postsecondary course creditable toward high school completion and a postsecondary diploma or certificate or an associate or baccalaureate degree; and
4. (4) “Office of postsecondary coordination and alignment” means the office of postsecondary coordination and alignment in the division of career and technical education in the department of education.

§ 49-15-103. Consortium for cooperative innovative education.

(a) The chancellor of the board of regents or the chancellor's designee, the president of the University of Tennessee system or the president's designee, the executive director of the Tennessee higher education commission or the executive director's designee, the executive director of the state board of education or the executive director's designee, and the commissioner of education or the commissioner's designee shall compose the consortium for cooperative innovative education.
(b) The consortium shall:
1. (1) Develop and put into effect a program to align secondary and postsecondary courses;
2. (2) Develop and implement early postsecondary credit opportunities; and
3. (3) Create marketing channels to advise students of early postsecondary education opportunities. Early postsecondary education opportunities may include, but are not limited to, dual enrollment, dual credit, Advanced Placement (AP), College-Level Examination Program (CLEP) and International Baccalaureate opportunities.
(c) The chancellor of the board of regents and the president of the University of Tennessee system, or their designees, shall be co-chairs of the consortium.
(d) The consortium may create an advisory committee to assist the consortium by examining best practices in cooperative innovative education, suggesting options for promotion of opportunities for early college credit and advising the consortium on workforce needs. The advisory committee shall invite and encourage the Tennessee Chamber of Commerce and Industry, the Tennessee Business Roundtable and the Tennessee Independent College and Universities Association to participate in the advisory committee's activities.
(e) The consortium may establish and appoint committees and subcommittees to perform its tasks or to otherwise assist the consortium as it deems necessary. It is the prerogative of the chancellor and the president of the respective postsecondary governing boards to convene postsecondary faculty.
(f) The board of trustees of the University of Tennessee and the board of regents shall develop, amend or adopt relevant policies and guidelines to realize dual credit or dual enrollment for postsecondary institutions with the secondary schools of the state.
(g) The state board and the department of education shall develop, amend or adopt relevant policies and guidelines to realize dual credit or dual enrollment in the public high schools.

1 Backlink

49-15-102(1)

§ 49-15-104. Duties of consortium — Development of plan for the establishment of statewide early postsecondary credit opportunities.

(a) By July 1, 2013, the consortium shall review existing dual credit pilot projects established under this chapter, determine the viability of those courses for statewide implementation and implement statewide those courses determined to be viable. Additionally, the consortium shall develop and implement statewide postsecondary courses, with accompanying challenge examinations, that reflect common learning outcomes established among the postsecondary institutions that have the course already in the individual institution's academic inventory. The initial statewide early postsecondary credit opportunities and their assessments shall be piloted on a statewide basis in the 2013-2014 school year in those high schools that choose to integrate the postsecondary curriculum into their secondary programs of study. In succeeding years additional early postsecondary credit opportunities, including dual enrollment, shall be developed as funds are made available for this purpose.
(b)
1. (1) The consortium, in cooperation with the office of postsecondary coordination and alignment, shall develop a plan for the establishment of statewide early postsecondary credit opportunities through dual enrollment and dual credit, and for the other purposes of § 49-15-101. This plan shall not prevent an individual postsecondary institution from initiating dual credit or dual enrollment opportunities with individual high schools. Participating high schools and postsecondary institutions developing unique dual credit or dual enrollment opportunities shall notify students prior to such dual credit course being taught of the availability of transfer of the course.
2. (2) For the purpose of dual credit, the plan shall establish a process for the development of challenge examinations consistent with the most current “Standards for Educational and Psychological Testing” developed jointly by the American Educational Research Association, American Psychological Association and National Council on Measurement in Education and shall result in a statewide challenge examination program for designated postsecondary courses. Those dual credit courses identified within the plan that are part of the Tennessee transfer pathways shall be developed in alignment with the Complete College Act of 2010, codified in § 49-7-202(r)(1) and (2).
3. (3) Dual enrollment opportunities under this plan shall demonstrate equivalent postsecondary course learning outcomes and equivalent faculty preparation in order for the course to be taught in the high school.
4. (4) The chancellor of the board of regents and the president of the University of Tennessee, or their designees, shall be responsible for the convocation of postsecondary faculty to develop statewide early postsecondary credit opportunities within the plan developed under this section.
(c) The office of postsecondary coordination and alignment shall:
1. (1) Make recommendations to the consortium for the development of specific early postsecondary credit opportunities. Each recommendation shall demonstrate how the opportunity is integrated within a secondary college-and-career pathway of study;
2. (2) Provide such funds as are necessary for the implementation of the plan of the consortium;
3. (3) Develop a secure database to maintain escrowed assessment scores resulting from dual credit course challenge examinations. Additionally, the office shall provide a process for furnishing postsecondary institutions access to a student's score, for the purpose of evaluating the score for possible postsecondary credit; and
4. (4) Make available to students, their parents, and other stakeholders, prior to students enrolling in an early postsecondary credit course, the requirements for receipt of credit at each postsecondary institution and the transferability of credits among public postsecondary institutions.
(d) The state board of education, the board of regents and the board of trustees of the University of Tennessee shall have final approval of statewide early postsecondary credit initiatives relevant to their individual institutions.
(e) Funds appropriated prior to July 1, 2012, to the state board of education to fund the consortium that are unexpended shall be transferred by the state board of education to the department to fund activities of the office of postsecondary coordination and alignment and the consortium under this chapter.

§ 49-15-105. Participation by education partners.

(a) Any or all of the following education partners may participate in the development of a cooperative innovative program under this chapter that is targeted to high school students who would benefit from accelerated academic instruction:
1. (1) A public postsecondary institution other than the applicant public postsecondary institution;
2. (2) A private college or university located in this state;
3. (3) A private business or organization;
4. (4) The county legislative body in the county in which the program is located; or
5. (5) A public charter school.
2 Backlinks
- 49-15-107(c)
- 49-15-107(d)
(b)
1. (1) Remediation of students may occur through cooperative agreements between postsecondary and secondary institutions.
2. (2) A community college may participate in the development of a cooperative innovative program under this chapter that is targeted to high school students who need remediation upon enrollment in an institution of higher education. If the community college successfully remediates a student in such program then the student, upon certification by the community college of the student's successful participation and upon admittance to the postsecondary institution, shall be deemed to need no further remediation.
3. (3) A college of applied technology may participate in the development of a cooperative innovative program under this chapter that is targeted to high school students who may need remediation in technical math and reading upon enrollment in a college of applied technology. If the remediation is successful, upon admittance to any college of applied technology, the student shall be deemed to need no further remediation.

§ 49-15-106. Dual enrollment and dual credit — Accountabilities — Operation.

(a) A program approved under this chapter shall provide for the award of dual credit for a high school course; provided, that the student successfully completes the high school requirements for the course and the student meets all postsecondary standards for validation of the credit. A program may provide opportunities for dual enrollment.
(b) A program approved under this chapter shall be accountable to the state board of education and the governing board of the postsecondary institution and shall conform to the regulations and guidelines of any relevant accrediting bodies.
(c) A program of early postsecondary credit approved under this chapter shall operate under the terms of a written agreement signed by the executive director of the board of education, the commissioner of education, the chancellor of the board of regents, the president of the University of Tennessee and the executive director of the Tennessee higher education commission. The agreement shall be reviewed on a periodic basis.
(d) A program may be operated in a facility owned or leased by the LEA, the applicant public postsecondary institution or an education partner, if any.
(e) A program approved under this chapter shall comply with the laws and policies of the respective campus on which the program resides relating to the education of students with disabilities and shall comply with all statutes, regulations, policies and guidelines regarding student discipline.
(f) A program approved under this chapter may use state, federal and local funds allocated or appropriated to the LEA and to the applicant public postsecondary institution or its governing board to implement the program. If there is an education partner and if it is a public body, the program may use state, federal and local funds allocated or appropriated to that body. Use of funds shall be subject to any limitations or restrictions placed on those funds by federal or state law or local ordinance.
(g) Except as provided in this chapter and under the terms of the agreement, the state board of education or the postsecondary governing board may waive any law or rule that inhibits or hinders the participating institutions' and schools' abilities to meet the goals of this chapter. Neither the state board of education nor the postsecondary governing boards of postsecondary institutions shall waive regulatory or statutory requirements related to:
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; and
11. (11) Open meetings.
(h) The LEA and the participating postsecondary institution shall determine for each course the length of time of instruction. Depending on the course and the institution that offers it, the length of time of instruction shall be that required for public schools or that required for the attainment of postsecondary learning outcomes.

§ 49-15-107. Allocation of funds.

(a) The local board of education shall allocate one hundred percent (100%) of state and local TISA funds generated by the participating student, as well as the average per pupil amount of any additional local funds received by the LEA, to a program approved under this chapter. All funds must be spent according to the budget submitted in the program agreement or as otherwise revised by the LEA or applicant public postsecondary institution, subject to the requirements of state and federal law.
(b) The public postsecondary institution and its governing board may allocate state and federal funds for a program that is approved under this chapter.
(c) An education partner under § 49-15-105(a) that is a public body may allocate state, federal and local funds for a program that is approved under this chapter.
(d) If not an education partner under § 49-15-105(a), the county governing body in a county where a program is located may nevertheless appropriate funds to a program approved under this chapter.
(e) The LEA and the cooperating public postsecondary institution are strongly encouraged to seek funds from sources other than state, federal and local appropriations.
(f) If a program is funded through local, state or federal funds appropriated to an LEA, then no fee shall be charged by the LEA or a public postsecondary institution to any student participating in the program.

§ 49-15-108. Evaluation of programs.

Success of a program shall be measured by high school retention rates, high school completion rates, high school dropout rates, certification and associate and baccalaureate degree completion, admission to four-year institutions, postgraduation employment in career or study-related fields, employer satisfaction of employees who participated in and graduated from the programs and other measures as the consortium finds appropriate. The consortium shall evaluate programs for success, shall establish best practices and lessons learned from successful programs and shall provide assistance to LEAs and postsecondary institutions seeking to implement a program by replicating or adapting a successful program designed elsewhere or through creation of a new program.

§ 49-15-109. Alignment of secondary and postsecondary programs — Validation.

(a) To facilitate the creation of cooperative innovative high school programs and to provide a seamless transition process from secondary to postsecondary education, the consortium shall oversee the development of a statewide high school to postsecondary agreement that shall build on aligned, secondary college-and-career technical pathways to specific postsecondary programs of study and shall include early postsecondary credit.
(b) The chancellor of the board of regents and the president of the University of Tennessee, or their designees, shall be responsible for the convocation of postsecondary faculty to develop common learning outcomes, develop statewide challenge examinations, conduct reliability and validation activities to assure the quality and fairness of the examinations, establish cut scores, and report student scores resulting from the examinations to the division of career and technical education in the department of education. Validation requirements for postsecondary credit through a dual credit course shall be determined by the postsecondary institutions and their respective governing boards.
(c) The office of postsecondary coordination and alignment, with the cooperation of the postsecondary institutions, shall make students aware of the requirements for receiving postsecondary credit for a dual credit course prior to the students' enrolling in the course.
(d) Each private postsecondary institution located in this state is encouraged to assess the statewide agreement produced by the consortium and determine which courses, if any, qualify for award of college credit at such institution. If a private institution determines that a course qualifies for award of college credit at such institution, the institution, in addition to any institutional publication made of this fact, may notify the department of education of the potential for award of college credit for such course at the institution in order that the department may disseminate the information to LEAs for notification of high school students.

§ 49-15-110. Compensation of consortium members — Assistance.

Members of the consortium and any committees created by the consortium shall not receive compensation for serving on the consortium or its committees, but may be reimbursed for attendance at meetings in accordance with the comprehensive travel regulations promulgated by the commissioner of finance and administration and approved by the attorney general and reporter. All appropriate state agencies, the Tennessee board of regents and the University of Tennessee system shall provide assistance to the consortium and its committees.

§ 49-15-111. Dual credit courses.

(a) When the consortium approves a program under this part and the program successfully provides a dual credit class that is accepted by an institution of higher education in either the board of regents system or the University of Tennessee system, then any high school in the state may replicate the class. Dual credit for the class shall be granted by public institutions of higher education offering a major or program for which the class is designed upon a student's completion of the course and successful passage of the challenge examination with a score equal to or higher than the cut score.
(b) Any public institution of higher education may, at any time, request the consortium to review a dual credit course and its challenge examination, if the institution perceives the course or its assessment to possess deficiencies. A public higher education institution may also challenge the right of a high school to continue offering a dual credit course to the consortium should a perceived deficiency be demonstrated within the high school. The consortium shall review the dual credit course, assessment or high school and may provide remedies to remove any deficiencies as it determines to be in the best interests of high schools or institutions of higher education, and their students.
(c) Notwithstanding this part to the contrary, the consortium shall not approve a program if the program in any way adversely affects the accreditation of an institution.

Chapter 16 Virtual Education

Part 1 Virtual Education Programs

§ 49-16-101. Purpose of chapter.

The purpose of this chapter is to provide school districts and students in all grades with a broader range of educational opportunities through effective use of technology.

§ 49-16-102. Promulgation of rules and regulations.

(a) The state board of education is authorized to promulgate rules and regulations to effectuate the purposes of this chapter. The rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(b) The state board of education shall develop policies and guidelines for the operation of virtual education programs, including those operated by the department of education.

§ 49-16-103. Use of funds.

(a) LEAs are authorized to use Tennessee investment in student achievement formula (TISA) funds in the implementation and operation of virtual education programs.
(b) The department of education and local education agencies may apply for and receive grants and accept donations to help fund virtual education programs, particularly in the startup phase.

§ 49-16-104. Annual report.

(a) The department of education shall annually submit to the governor, the general assembly, and the state board of education a complete and detailed reporting of:
1. (1) The operation of virtual education programs;
2. (2) The number of students enrolling in these programs and the success of the students, including an analysis of the academic accountability of the school's students. The data shall be provided in total numbers and disaggregated and compared to corresponding data for students in traditional school settings;
3. (3) Efforts made to improve the programs and the delivery of classes, including new technologies examined or implemented;
4. (4) Funding received and the adequacy of the funding; and
5. (5) Such other information as the department finds necessary to account for the operation of virtual education programs.
(b) The report shall be submitted by July 1 of each year.

§ 49-16-105. Construction of chapter.

Nothing in this chapter shall be construed to require local education agencies to offer or participate in a virtual education program. Participation in a virtual education program by a student shall be at the discretion of the LEA in which the student is enrolled or zoned to attend. Students who are receiving hospital or homebound instruction shall also be eligible to participate.

Part 2 Virtual Public Schools Act

§ 49-16-201. Short title.

This part shall be known and may be cited as the “Virtual Public Schools Act.”

§ 49-16-202. Purpose.

The purpose of this part is to provide an LEA with an alternative choice to offer additional educational resources in an effort to improve academic achievement.

§ 49-16-203. Part definitions.

As used in this part, unless the context otherwise requires:
1. (1) “Establisher” means an LEA; and
2. (2) “Virtual school” means a public school in which the school uses technology in order to deliver a significant portion of instruction to its students via the internet in a virtual or remote setting.

§ 49-16-204. Establishment of public school — Resources.

Virtual schools may be established by an LEA. A virtual school shall be a public school and shall be provided resources as any other public school in the state.

§ 49-16-205. What virtual school will provide students.

A virtual school shall provide each student enrolled in the school:
1. (1) Access to a sequential curriculum that meets or exceeds the academic standards adopted by the state board of education. The sequential curriculum shall have an interactive program with significant online components;
2. (2) The same length of time for learning opportunities per academic year that is required under § 49-6-3004 for public school students; provided, however, that a student, at the student's own pace, may demonstrate mastery or completion of a course or subject area and be given credit for the course or subject area; and
3. (3) Regular assessment in language arts, math, science and social studies.

§ 49-16-206. What virtual school will provide families.

For each family with a student enrolled, the virtual school shall:
1. (1) Provide instructional materials; and
2. (2) Ensure materials and access to necessary technology such as computer, printer and internet connection used for school work or, at minimum, through a physical computer lab that is available to the student through regularly scheduled times.

§ 49-16-207. No assistance with purchase of instructional programs or materials — Reimbursement for internet connection.

Virtual schools shall not provide assistance to students or families to purchase instructional programs or materials. Nothing in this section shall prohibit virtual schools from reimbursing families for costs associated with their internet connection for use in the virtual school program.

§ 49-16-208. Qualifications of teachers.

Each teacher employed at a virtual school shall be qualified to teach in this state under existing law.

§ 49-16-209. Computer-based and internet-based instruction.

Nothing in this part shall preclude the use of computer-based and Internet-based instruction for students in a virtual or remote setting.

§ 49-16-210. Administrative office as principal place of business.

A virtual school shall maintain an administrative office within the state. This office shall be considered its principal place of business.

§ 49-16-211. Enrollment.

(a) Any student who is eligible for enrollment in a public school in this state may enroll in a virtual school as either a full-time virtual school student or as a part-time virtual school student taking some of the student's courses through the virtual school. An LEA is authorized to charge tuition to any person not enrolled in a public school within the LEA for attendance in an LEA established virtual school.
(b) Initial enrollment in a public virtual school shall be limited to one thousand five hundred (1,500) students; however, any public virtual school in operation as of January 1, 2013, may continue to serve the number of students enrolled in the school as of May 14, 2013. If a public virtual school demonstrates student achievement growth at a minimum level of “at expectations” as represented by the Tennessee Value-Added Assessment System (TVAAS) developed pursuant to chapter 1, part 6 of this title and guidelines adopted by the state board of education pursuant to chapter 1, part 3 of this title the school may exceed the enrollment cap.
1 Backlink
- 49-16-213(b)

§ 49-16-212. Operation according to Educational Cooperation Act.

In order to encourage collaboration among LEAs, a virtual school is authorized to operate according to the authority granted by the Educational Cooperation Act, compiled in chapter 2, part 13 of this title.

§ 49-16-213. Evaluation criteria.

(a) A virtual school shall be evaluated annually by its establisher based on the following criteria:
1. (1) The extent to which the school demonstrates increases in student achievement according to the goals of its authorizing contract and state academic standards; and
2. (2) The accountability and viability of the virtual school, as demonstrated by its academic, fiscal and operational performance.
(b) In addition to the intervention options available under § 49-1-602, if a public virtual school is identified as a priority school pursuant to § 49-1-602 or demonstrates student achievement growth at a level of “significantly below expectations” for any three (3) consecutive years of the school's operation, as represented by the Tennessee Value-Added Assessment System (TVAAS) developed pursuant to chapter 1, part 6 of this title and guidelines adopted by the state board of education pursuant to chapter 1, part 3 of this title the commissioner shall have the authority to reinstitute the enrollment cap specified in § 49-16-211(b) or direct the LEA to close the school. If the commissioner reinstitutes the enrollment cap pursuant to this subsection (b), such cap shall not affect students enrolled in the virtual school at the time of the department's action. Notwithstanding chapter 3, part 1 of this title, if a public virtual school is closed upon direction of the commissioner or the LEA, then the Tennessee investment in student achievement formula (TISA) payments for the LEA that established the school must exclude a student who was a member in the school the prior year and did not remain a member in the LEA.

§ 49-16-214. Contracting for services.

An establisher may contract for services with nonprofit and for-profit entities in the operation and management of the virtual school.

§ 49-16-215. Rules and regulations.

The state board of education shall promulgate rules and regulations to effectuate the purposes of this part. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

§ 49-16-216. [Repealed]

Chapter 17 Energy Efficient Schools Initiative (EESI) of 2008

§ 49-17-101. Short title.

This chapter shall be known and may be cited as the “Energy Efficient Schools Initiative (EESI) of 2008.”

§ 49-17-102. Chapter definitions.

As used in this chapter, unless the context otherwise requires:
1. (1) “Council” means the twelve-member energy efficient schools council created by this chapter;
2. (2) “Energy audit” means any professional energy audit used to determine the energy efficiency of a structure that is performed by an energy auditor;
3. (3) “Energy auditor” means any person approved to perform professional energy audits;
4. (4) “Payback period” means the time within which the cost savings realized by incorporating energy efficient technologies equals the initial cost of the technology employed;
5. (5) “Qualifying capital outlay project” means any project for new or existing kindergarten through grade twelve (K-12) education facilities that satisfy the energy efficient schools council guidelines for improving energy efficiency as well as comply with the requirements of the Constitution of Tennessee, Article XI, § 5; and
6. (6) “Sustainable building design” means designing facilities using a strategy that takes into account approaches that benefit the environment and quality of life of a community.

§ 49-17-103. Creation of energy efficient schools council.

(a)
1. (1) There is created the energy efficient schools council. The council shall consist of twelve (12) members, including the commissioner of education, the commissioner of environment and conservation and the commissioner of economic and community development, or their designees, who shall serve as ex-officio members. The remaining members shall be appointed as follows:
  1. (A) The governor shall appoint three (3) members as follows:
    1. (i) One (1) member representing local governments, who shall serve an initial term of two (2) years;
    2. (ii) One (1) member representing school systems, who shall serve an initial term of three (3) years; and
    3. (iii) One (1) member representing the interests of the industries that provide natural gas and oil heating to school buildings;
  2. (B) The speaker of the senate shall appoint three (3) members as follows:
    1. (i) One (1) member who may be appointed from lists of qualified persons submitted by interested contractor groups, including, but not limited to, the board for licensing contractors, as provided for in title 62, chapter 6, who shall serve an initial term of two (2) years;
    2. (ii) One (1) member representing local school systems in this state, who shall serve an initial term of three (3) years; and
    3. (iii) One (1) member representing the Oak Ridge National Laboratory, who shall be an ex-officio, nonvoting member; and
  3. (C) The speaker of the house of representatives shall appoint three (3) members as follows:
    1. (i) One (1) member who may be appointed from lists of qualified persons submitted by interested architectural and engineering groups, including, but not limited to, the board of examiners for architects and engineers, as provided for in title 62, chapter 2;
    2. (ii) One (1) member representing local governments in this state, who shall serve an initial term of three (3) years; and
    3. (iii) One (1) member representing the Tennessee Valley authority, who shall be an ex-officio, nonvoting member.
2. (2) In making the appointments as provided in subdivisions (a)(1)(B)(i) and (C)(i), the appointing authorities shall consult with the interested contractor, architectural and engineering groups, including, but not limited to, the specific industries represented on the council to determine qualified persons to fill the positions.
3. (3) In making the appointments as provided in subdivision (a)(1), it is the legislative intent that the appointing authorities coordinate so that the membership of the council reflects the racial and social demographic makeup of this state.
(b) Each member shall serve a four-year term, unless otherwise provided in this chapter, and may be appointed for successive terms.
(c) The members of the council shall receive no compensation for their services; provided, that each member of the commission shall be eligible for reimbursement of expenses and mileage in accordance with the regulations promulgated by the commissioner of finance and administration and approved by the attorney general and reporter.
(d) The council shall elect one (1) member to serve as president. The president will serve for a term of one (1) year. The council shall also elect a vice president and secretary, as well as any other officers as it deems necessary to perform the business of the entity.
(e) The purposes of the council are to:
1. (1) Approve the design and technology guidelines as established by the technical advisory committee as provided in subsection (j);
2. (2) Award grants or loans to school systems, charter schools, and the achievement school district for qualifying capital outlay projects, including projects where a provider has warranted predetermined energy use objectives under the criteria established by the technical advisory committee and approved by the council;
3. (3) Cause to be conducted verification of energy efficiencies achieved using the methodologies established by the technical advisory committee as provided in subsection (j);
4. (4) To the extent feasible, establish and support ongoing energy management programs; and
5. (5) Establish compensation policies for members of the technical advisory committee, unless otherwise prohibited in this chapter.
(f) The council shall have the authority to appoint a full-time executive director, who shall serve at the pleasure of the council. Other staff shall be employed on recommendation of the executive director with the approval of the council. Any employees under this section shall not have preferred service status, but council employees shall be subject to personnel policies applicable to state employees generally, such as leave, compensation, classification and travel requests.
(g) The council has the authority to raise funds, including, but not limited to, corporate funding and federal funding, to promote its activities and support ongoing programs; provided, that the council does not have the authority to borrow money without the express, prior approval of the state funding board.
(h)
1. (1) Except as prohibited by law, the council shall have all other power and authority necessary and convenient to effect the purposes of this chapter.
2. (2) All members of the council shall be subject to the conflict of interest provisions set forth in §§ 12-4-101 and 12-4-102.
(i) For administrative purposes, the energy efficient schools council shall be attached to the department of education for all administrative matters relating to receipts, disbursements, expense accounts, budget, audit and other related items. The autonomy of the council and its authority are not affected by this subsection (i), and neither the commissioner nor any other departmental official or employee shall have or exercise any administrative or supervisory control over the council.
(j)
1. (1) The council shall establish a technical advisory committee.
2. (2) The purpose of the technical advisory committee is as follows:
  1. (A) Establish energy efficient design and technology guidelines for all kindergarten through grade twelve (K-12) school facilities, including, but not limited to, lighting and HVAC guidelines, as well as establishing criteria whereby projects that have been warranted for a predetermined energy use shall be eligible;
  2. (B) Establish methodology guidelines for post-audit verification of energy efficiencies achieved, if any, by qualifying capital outlay projects awarded by the council;
  3. (C) Establish guidelines for commissioning verification controls to monitor on an ongoing basis the efficiency and effectiveness of qualifying capital outlay projects awarded by the council, including recommendations for utilization of energy managers where feasible; and
  4. (D) Any additional duties required by the council in furtherance of the council's goals.
3. (3) The technical advisory committee shall be composed of seven (7) members as follows:
  1. (A) The council members representing the interests of the Oak Ridge National Laboratory and the Tennessee Valley authority shall serve as ex-officio members and shall serve as co-chairs; and
  2. (B) The council shall appoint the remaining five (5) members as follows:
    1. (i) One (1) member shall have obtained a professional engineer certification, preferably with a background in mechanical engineering, but may be either active or retired;
    2. (ii) Two (2) members shall have a background in sustainable building design, including, but not limited to, persons with LEED AP certification or background in Green Globes design and management;
    3. (iii) One (1) member representing the Tennessee Valley Public Power Association; and
    4. (iv) One (1) member shall have obtained a professional engineering certification and be experienced in performance-based energy accountable construction processes.
4. (4) The members appointed under subdivision (j)(3)(B) shall serve at the pleasure of the council, except for the ex-officio members who shall be appointed as provided in this chapter, and shall be provided access to staff resources serving the council.
5. (5) Non-ex-officio members shall be entitled to receive compensation determined by the council as provided in this chapter.

4 Backlinks

§ 49-17-104. Authority and powers of energy efficient schools council.

(a) The council may award grants or loans to school systems, charter schools, or the achievement school district for qualifying capital outlay projects as provided in § 49-17-103 after reviewing and approving:
1. (1) An energy audit performed by a qualified professional that is either chosen by the council or approved by the council; or
2. (2) A cost-benefit analysis that shows that incorporating energy efficient technologies provides a reasonable payback period.
(b) The council has the authority to adopt a charter and bylaws and shall promulgate rules, regulations and policies the council deems necessary to further the purposes and duties of the energy efficient schools council as defined in § 49-17-103 and this section. Any rules and regulations proposed by the council shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(c) It is the legislative intent that the council establish and operate its programs in a manner that makes funds available on an equitable basis for the benefit of LEAs of all sizes, characteristics, and geographical locations, charter schools, and the achievement school district.

§ 49-17-105. Annual audit.

(a) All annual reports and all books of accounts and financial records of the energy efficient schools council shall be subject to audit annually by the comptroller of the treasury. With prior approval of the comptroller of the treasury, the audit may be performed by a licensed independent public accountant selected by the council. If an independent public accountant is employed, the audit contract between the council and the independent accountant shall be on contract forms prescribed by the comptroller of the treasury. The cost of any audit shall be paid by the council.
(b) The comptroller of the treasury shall ensure that audits are prepared in accordance with generally accepted governmental auditing standards and determine if the audits meet minimum audit standards prescribed by the comptroller of the treasury. No audit may be accepted as meeting the requirements of this section until approved by the comptroller of the treasury.
(c) One (1) copy of each audit shall be furnished to each member of the council and one (1) copy shall be furnished to the comptroller of the treasury.
(d) The comptroller of the treasury, or the comptroller of the treasury's designated representative, shall have access to the council's books, records and accounts whenever deemed necessary by the comptroller of the treasury or the comptroller of the treasury's designated representative.

§ 49-17-106. Energy efficient schools council fund.

(a) An energy efficient schools council fund shall be established as a separate account in the state treasury. Amounts remaining in the fund at the end of each fiscal year shall not revert to the general fund. Moneys in the energy efficient schools council fund shall be invested by the state treasurer pursuant to title 9, chapter 4, part 6, for the sole benefit of that fund.
(b) Funding for the account described in subsection (a) shall be subject to appropriations in the general appropriations act; provided, that this does not limit the ability to raise additional funding as described in § 49-17-103.
(c) All costs of administering the energy efficient schools initiative shall be funded from the energy efficient schools council fund as part of the program.

Chapter 18 Course Access Program Act

§ 49-18-101. Short title.

This chapter shall be known and may be cited as the “Course Access Program Act.”

§ 49-18-102. Chapter definitions.

As used in this chapter:
1. (1) “Blended learning” means the combination of virtual learning with the integration of in-person teaching practices. Blended learning occurs in a school building and can be teacher led or involve the purchase or use of a technology;
2. (2) “Charter management organization” or “CMO” means a nonprofit entity that operates multiple charter schools at least one (1) of which is in Tennessee;
3. (3) “Charter school” means a Tennessee public charter school authorized to operate under chapter 13 of this title;
4. (4) “Course access catalog” means a listing of providers that have been approved by the state board of education and a listing of courses offered by approved providers, which are available to participating students;
5. (5) “Course access program” means the program created by this chapter;
6. (6) “Course provider” or “provider” means a business, industry, educator, nonprofit entity, for-profit entity, trade association, branch of the United States armed forces, LEA, charter school, charter management organization, institution of higher education, or state agency that is approved by the state board to offer individual courses in person or online and that is included in the listing of providers in the course access catalog;
7. (7) “Department” means the department of education;
8. (8) “Eligible student” means any student who is enrolled in a Tennessee public school, including a charter school, in grades seven through twelve (7-12);
9. (9) “Extended learning” means an out-of-classroom learning experience that provides a student with:
  1. (A) Enrichment opportunities outside of a classroom;
  2. (B) Career readiness or employability skills, including internships and apprenticeships; or
  3. (C) An out-of-classroom educational opportunity approved by the state board or host LEA;
10. (10) “Governing body of a home LEA” means the local board of education, if the home LEA is an LEA, or the governing body of a charter school, if the home LEA is a charter school;
11. (11) “Home LEA” means the LEA or the charter school in which the student is enrolled full-time;
12. (12) “Host LEA” means an LEA or a charter school offering course access program courses through an approved course provider to eligible students;
13. (13) “Participating student” means any eligible student enrolled in a course access program course through a host LEA;
14. (14) “State board” means the state board of education; and
15. (15) “Virtual learning course” means a course in which a significant portion of instruction is delivered to students through the effective use of technology.

§ 49-18-103. Enrollment in course access program courses.

(a) Beginning in the 2018-2019 school year, an eligible student may enroll in course access program courses.
(b)
1. (1) A participating student may enroll in no more than two (2) course access program courses per school year, unless the student's home LEA approves the student to take additional courses. A home LEA may reject a student's course enrollment request if the course enrollment for the student does not comply with the requirements of this chapter.
2. (2) The student's home LEA shall pay the host LEA the tuition and fees required for the first two (2) course access program courses in which a participating student enrolls per school year.
(c) If the student's home LEA approves a student to take more than two (2) course access program courses in a school year, then:
1. (1) The student shall pay any tuition and fees required for all additional courses; and
2. (2) The home LEA shall award credit to the student upon successful completion of the additional courses.
(d)
1. (1) Home LEAs shall inform students and their parents or legal guardians of their right to appeal, in writing, to the governing body of the home LEA from any denial of course enrollment.
2. (2) The governing body of a home LEA shall develop a policy for hearing appeals from denials of course enrollments.
3. (3)
  1. (A) The Tennessee school boards association (TSBA) is encouraged to develop a model policy for adoption by local boards of education. If TSBA does not develop a model policy or the local board of education does not adopt the TSBA's model policy, then the local board of education shall submit its policy to the commissioner for approval.
  2. (B) The governing body of a charter school that is a home LEA may adopt the TSBA model policy, if TSBA develops a model policy, or develop its own policy. If the governing body develops its own policy, it shall submit the policy to its chartering authority for approval.
(e) An eligible student may enroll in courses provided through the course access program only if the student meets all prerequisites for the course and the student is unable to enroll in a comparable course at the student's school because either a comparable course is not offered or a legitimate situation exists that prevents the student from enrolling in a comparable course.

§ 49-18-104. Approval process for course providers.

(a) The department shall establish guidelines and procedures for course providers to seek approval from the state board. All approved providers shall be included in the listing of providers in the course access catalog.
1 Backlink
- 49-18-105(a)(1)
(b) The department shall post all approval guidelines and procedures and all approved providers on its website.
(c) Upon approval and inclusion in the listing of providers in the course access catalog, course providers may offer course access program courses for review and selection by a host LEA under the host LEA's local course review and approval process developed according to § 49-18-106. Courses that meet all requirements under § 49-18-106, as determined by the host LEA, may be submitted to the department for recommendation to the state board for its approval and inclusion in the course access course catalog.
(d) Host LEAs may partner with approved course providers to offer course access program courses included in the course access catalog pursuant to § 49-18-106.

§ 49-18-105. Requirements of course providers.

(a) To be approved as a course provider pursuant to this chapter, a provider shall:
1. (1) Follow the approval process of the department as established under § 49-18-104(a). No provider applicant shall act as a course provider until approved by the state board. All decisions of the state board concerning approval of provider applicants shall be final and not subject to appeal; however, a provider applicant that has been denied approval may submit a new application according to the department's approval process for the school year following the school year for which the application was denied;
2. (2) Be subject to all federal and state laws and constitutional provisions prohibiting discrimination on the basis of disability, race, sex, creed, color, national origin, religion, ancestry, or need for special education services;
3. (3) Comply with all applicable state and federal student data privacy provisions, including, but not limited to, the Data Accessibility Transparency and Accountability Act, compiled in chapter 1, part 7 of this title; § 10-7-504; and the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g);
4. (4) Provide an assurance that all information and resources for extended learning, in person, online, or blended learning courses are fully accessible for students of all abilities, including that:
  1. (A) All courses submitted for approval are reviewed to ensure the courses meet legal accessibility standards;
  2. (B) The provider has created and promulgated an accessibility online learning policy;
  3. (C) The provider has an Americans with Disabilities Act (ADA) Section 504 coordinator, a grievance policy, and annual notifications;
  4. (D) The provider has policies and activities to ensure its organizational and course websites meet accessibility requirements; and
  5. (E) The provider has no examination or test where a specific score is required to participate in course access program courses beyond completion of prerequisite coursework or demonstrated mastery of prerequisite material;
5. (5) Demonstrate financial viability;
6. (6) Provide an assurance that the provider will electronically provide, in compliance with guidelines set by the department, a detailed student record of enrollment, performance, course completion, and course grading information to the participating student's home LEA;
7. (7) Comply with applicable virtual learning requirements established in chapter 16 of this title, if offering virtual learning courses;
8. (8) Comply with class size requirements established in § 49-1-104 and instructional and planning time requirements established by the state board; and
9. (9) Ensure each teacher of a course access program course is licensed to teach in this state and meets the qualifications to teach in compliance with the rules of the state board.
(b) The state board or department may exclude a course provider at any time if the state board or department finds that a provider has failed to comply with this chapter, the rules of the state board, or the procedures of the department.
1 Backlink
- 49-18-106(f)(3)

§ 49-18-106. Course review and approval process.

(a) The department shall establish guidelines for the design and implementation of course access program courses.
(b) Host LEAs seeking to offer a course access program course shall establish a local course review and approval process.
(c) Host LEAs shall ensure each course approved:
1. (1) Is offered by an approved course provider included in the listing of providers in the course access catalog;
2. (2) Meets the instructional and academic rigor of a course that is provided in a traditional classroom setting;
3. (3) Is aligned to the applicable state academic standards of the state board;
4. (4) Is designed and implemented consistently with guidelines established by the department; and
5. (5) Is taught by a teacher who is properly licensed and endorsed in accordance with the rules of the state board.
(d) Host LEAs shall submit locally approved courses to the department with an assurance that the course has been reviewed in compliance with this section and with guidelines established by the department. The department shall submit locally approved courses to the state board for approval and inclusion in the course access catalog.
(e) A course included in the course access catalog shall be available to eligible students in any home LEA. The approving host LEA is responsible for establishing a partnership with the approved provider in order to offer the course to students.
(f)
1. (1) The state board may exclude a course from the course access catalog at any time if a home LEA, the host LEA, or the department:
  1. (A) Submits evidence to the state board that:
    1. (i) The course is no longer adequately aligned with the approved state academic standards;
    2. (ii) The course fails to meet the minimum requirements of the state board; or
    3. (iii) The course no longer complies with the requirements of subdivisions (c)(1)-(5); and
  2. (B) Requests, in writing, that the state board exclude the course.
2. (2) Before excluding a course under subdivision (f)(1), the state board shall make a finding that at least one (1) of subdivisions (f)(1)(A)(i)-(iii) has been met.
3. (3) The state board shall exclude a course from the course access catalog at any time that the course provider is excluded from the course access catalog under § 49-18-105(b).
4. (4) The state board may establish additional reasons and requirements for the exclusion of courses from the course access catalog, including if the course is offered by a host school that was issued a “D” or “F” letter grade by the department on the most recent state report card issued pursuant to § 49-1-228.

2 Backlinks

§ 49-18-107. Reports.

(a) Approved providers shall annually report to the department, in the manner directed by the department, the following information:
1. (1) Detailed student records of enrollment;
2. (2) Student performance, course completion rates, and course grading information for each subject area and grade level; and
3. (3) Additional information the department deems necessary.
(b) On an annual basis, a home LEA shall review the academic performance of the students enrolled in courses offered by a course provider to ensure that participating students are receiving instruction and curriculum that are aligned with the state standards, as determined by the state board, and that meet the requirements for graduation.

§ 49-18-108. Adoption of policy regarding extended learning opportunities.

The state board shall adopt a policy regarding extended learning opportunities.

§ 49-18-109. Link to course access catalog on department’s website — Report.

(a) The department shall publish a link to the course access catalog in a prominent location on the department's website that includes:
1. (1) A list of approved course providers;
2. (2) A list of courses offered by approved providers available through the course access program;
3. (3) A detailed description of the courses; and
4. (4) All available student course completion and outcome data in a manner that protects student privacy in compliance with chapter 1, part 7 of this title, § 10-7-504, and the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g).
(b) The department shall make publicly available each year the following information concerning the course access program:
1. (1) The number of students participating in the course access program and the total number of courses in which students are enrolled;
2. (2) The number of approved course providers;
3. (3) The number of approved courses and the number of students enrolled in each course;
4. (4) The number of courses available by subject and grade level;
5. (5) The number of students enrolled in courses by subject and grade level; and
6. (6) Student outcome data, including course completion rates and other approved measures.

§ 49-18-110. Notice given by home LEA — Credits — Rules and regulations.

(a) Home LEAs shall:
1. (1) Provide written notice to students and parents on the availability of courses and the timeline for students to enroll; and
2. (2) Publish information and eligibility guidelines on the home LEA's website.
(b) Each home LEA shall establish policies and procedures to ensure that credits earned through the course provider shall appear on the participating student's official transcript and shall count towards the requirements of any approval of a high school diploma awarded by a home LEA.
(c) Nothing in this chapter shall prevent an LEA from establishing its own online program or supplemental course offerings or require an LEA to revise an existing program.

§ 49-18-111. [Repealed]

Chapter 50 Miscellaneous

Part 1 Agricultural Extension Services

§ 49-50-101. Purpose.

The purpose of this part is to extend practical demonstration instruction in agriculture, home economics and marketing to boys, girls, men and women in rural communities in a greater number of counties and to make such instruction more permanent in the several counties through increased financial support and correspondingly reduced county appropriations, to carry on the work.

§ 49-50-102. Nature of work.

This work shall be known as cooperative extension work, carried on in cooperation with the United States department of agriculture, provided for in the Smith-Lever Act, Public Act May 8, 1914, ch. 79, § 1, 38 Stat. 372 (7 U.S.C. §§ 341-349), and in accordance with the regulations provided for in that act for the conduct of this work, which provide that this work shall include:
1. (1) Practical demonstration instruction in agriculture and home economics;
2. (2) Conducting 4-H boys' and girls' clubs for teaching farm and home practices;
3. (3) Introducing new crops and new systems of farming in various areas of the state, as development in industry necessitates changes in existing crops and systems of farming;
4. (4) Developing improved methods of marketing farm products; and
5. (5) In general, improving rural life, with the object of making farming more prosperous and farm life more desirable and attractive.

1 Backlink

49-50-103(a)

§ 49-50-103. Funding.

(a) In order to cooperate with the United States department of agriculture and the University of Tennessee in making available to boys, girls, men and women in the rural communities practical and useful instruction in agriculture, home economics and marketing as referred to in § 49-50-102, there is appropriated from moneys in the general treasury, not otherwise appropriated, for each fiscal year one hundred sixty thousand dollars ($160,000) to be used to match and supplement allotments of federal appropriations available to the state for carrying on this work under the Smith-Lever Act (7 U.S.C. §§ 341-349), and made conditional on similar sums of money being appropriated by the state.
(b) The moneys so appropriated shall be paid each year in semiannual payments and applied and disbursed as provided in subsections (c) and (d), and in accordance with the plans and under the direction of the United States department of agriculture and the board of trustees of the University of Tennessee. On July 1 and January 1 of each year, the commissioner of finance and administration is authorized and directed to issue warrants in favor of the treasurer of the University of Tennessee for the amount due on those dates.
(c) The entire amount of this appropriation shall be known as the cooperative agricultural extension fund, and a separate accounting for its expenditure shall be made by the board of trustees of the University of Tennessee in the biennial report to the governor and the general assembly. Full and complete vouchers of all such expenditures shall be kept for auditing by proper national and state officials.
(d) If there should remain in any year a balance of the state appropriation after matching the federal allotments, it, together with interest earned on the unexpended balance, shall be added to the amount available for the ensuing year.

1 Backlink

53-3-119(d)

§ 49-50-104. County agricultural extension committee.

(a) All counties cooperating with the University of Tennessee extension by making an appropriation for extension work shall elect an agricultural extension committee composed of seven (7) members. The committee shall be elected by the county legislative body.
(b) Three (3) of the members shall be elected from the membership of the county legislative body. There shall be elected to the committee four (4) members who are not members of the county legislative body. Two (2) shall be farmers and two (2) shall be farm women, residing in different civil districts.
(c) The members shall be elected for terms of two (2) years, except that if there are fewer than four (4) civil districts in a county, at least one (1) member shall come from each civil district. Two (2) of the members representing the county legislative body, one (1) farmer and one (1) farm woman, shall be elected in even-numbered years; the other members shall be elected in odd-numbered years. The elections shall be held at the first meeting of the county legislative body of each calendar year. No member may be elected for more than three (3) successive terms. In the event that there is a vacancy on the committee, the county legislative body shall fill the vacancy at its next regular meeting after the vacancy occurs; and the committee member filling the vacancy shall serve during the unexpired term of the member's predecessor.
(d) The functions of the committee shall be to:
1. (1) Act with duly authorized representatives of the University of Tennessee extension in the employment or removal of personnel receiving funds from county extension appropriations;
2. (2) Act with duly authorized representatives of the state agricultural extension service in formulating the county extension budget, and serve as liaison between the extension service and the county legislative body on financial and other matters relating to the work;
3. (3) Act in an advisory capacity on county extension program formulation; and
4. (4) Act in an advisory capacity on activities performed in connection with carrying out the program.
(e) In performing the functions under subsection (d), the committee shall meet with duly authorized representatives of the University of Tennessee extension on selected dates mutually agreed to by the chair of the committee and the representatives of the University of Tennessee extension during the months of February, May, August and November, and at other times deemed desirable by a majority of the members of the committee.

§ 49-50-105. Intercounty cooperation.

(a) For participation in the benefits of this part, contiguous counties may cooperate and be regarded as one (1) county in the employment of either a county agricultural agent or county home demonstration agent, or both; provided, that the combined area of the counties cooperating does not exceed eight hundred square miles (800 sq. mi.) and that the assessed valuation of one (1) of the counties does not exceed five million dollars ($5,000,000).
(b) The plans for such cooperation shall be arranged by the county mayors of the respective counties involved, and approved by the director of extension work of the University of Tennessee.

§ 49-50-106. Conflicts of interest.

It is a Class C misdemeanor for any person employed under this part to engage in the business of soliciting or selling any fertilizer, seed, farm machinery or any other merchandise to the people of the county or counties where they are so employed.

§ 49-50-107. Agricultural financial and family counseling.

(a)
1. (1) It is declared the intention of the general assembly to establish services for the well being of farmers and their families who are affected by farm credit problems and the financial difficulties currently existing in the agricultural and related business communities.
2. (2) The general assembly recognizes the economic and emotional stress being imposed on many of the farm owners and their families by the farm credit crisis that has been caused by the weakening of farm incomes coupled with the rising costs of farm operations.
3. (3) The general assembly finds that there is a need to provide a program for assisting and advising the individuals within the agricultural community who are experiencing stress and economic difficulties or dislocation caused by the current deteriorated market conditions for agricultural products and the resulting loss of farm income. The general assembly finds and declares that preservation of the family owned farms and farm-related businesses are in the interest of the health, safety and general welfare of the state.
(b)
1. (1) The University of Tennessee, acting through its extension services, is directed to establish a farm credit counseling program to disseminate information to farmers concerning farm credit problems and to provide advice and counseling regarding other financial problems. The University of Tennessee is also directed to develop and provide a program in stress management and family counseling for individuals and families with farms and agricultural related businesses threatened by farm credit and financial problems.
2. (2) The department of agriculture, and any other department or agency of state government shall assist the University of Tennessee in establishing and providing the programs required by this section.
3. (3) In the development of the programs, the University of Tennessee is requested to consult with agricultural organizations.
4. (4) The University of Tennessee shall designate a coordinator of the financial and family counseling program to implement and manage the program.

§ 49-50-108. Compensation of University of Tennessee extension employees holding joint appointments.

The University of Tennessee is authorized to provide employees of the University of Tennessee extension holding a joint appointment with the United States department of agriculture, salary increases and compensation commensurate with that received by other state employees and teachers employed by the University of Tennessee.

Part 2 Community Education Programs

§ 49-50-201. General provisions.

(a) In order to provide for increased involvement of citizens in their local schools through community schools advisory councils, to assure maximum use of public school facilities by the citizens of each community in this state and to encourage community educational programs on a county-wide or multicounty-wide basis to provide the best possible programs for the least cost without duplication of efforts, the state board of education may adopt appropriate rules and regulations for encouraging increased community involvement in public schools and the usage of the public school facilities as community educational centers. The rules and regulations may consider and include, but not necessarily be limited to, provisions for:
1. (1) The use of public school facilities by governmental, charitable or civic organizations for activities within the community;
2. (2) The utilization of the talents and abilities of volunteers within the community for the enhancement of public school programs, including tutoring, counseling and cultural programs and projects; and
3. (3) Increased communications between the staff and faculty of the public schools, other community institutions and agencies and citizens in the community.
(b) The state board of education may further establish guidelines governing the submission and approval of community educational programs prepared by local boards for encouraging increased community involvement in the public schools and use of public school facilities.
(c) Every local board of education may:
1. (1) Develop programs and plans for increased community involvement and learning opportunities in the public schools based upon rules and guidelines adopted by the state board of education;
2. (2) Develop programs and plans for increased community use of public school facilities based upon rules and guidelines adopted by the state board of education; and
3. (3) Establish rules governing the implementation of the programs and plans in its public schools and submit these rules along with adopted programs and plans to the state board of education for approval.

Part 3 Educational Broadcasting [Repealed]

§ 49-50-301. [Repealed]

§ 49-50-302. [Repealed]

§ 49-50-303. [Repealed]

§ 49-50-304. [Repealed]

§ 49-50-305. [Repealed]

§ 49-50-306. [Repealed]

§ 49-50-307. [Repealed]

Part 4 Federal Education Contracts

§ 49-50-401. Veterans.

Any public board of education or the board of trustees of the University of Tennessee, or any collegiate institution, is authorized to contract, subject to the approval of the governor, with the veterans' administration, or other federal agencies, for instruction or supplies and equipment for the training of veterans or others in need of training in courses that the school, or those under the jurisdiction of such boards, may be qualified to offer. The contracts shall be upon terms that the governor and the appropriate governing body of the educational institution entering into the contract deem equitable.

Part 5 Laboratory Safety

§ 49-50-501. Eye protection for students and teachers.

(a) All students, teachers and others in attendance at the following courses or laboratories in schools, colleges or universities, and exposed to the risks incident to working with the materials, equipment or performing the acts described in subdivisions (a)(1) and (2), shall wear eye protective devices of industrial quality:
1. (1) Career and technical education courses or laboratories using or concerned with:
  1. (A) Hot molten metals;
  2. (B) Milling, sawing, turning, shaping, cutting, grinding or stamping of any solid materials;
  3. (C) Heat treatment, tempering or kiln firing of any metal or other materials;
  4. (D) Gas or electric arc welding;
  5. (E) Repair or servicing of any vehicle; or
  6. (F) Caustic or explosive materials; and
2. (2) Chemical or combined chemical-physical laboratories using caustic or explosive chemicals or hot liquids or solids.
(b) Eye protective devices shall be considered of industrial quality when they meet the standards of the American Standards Association Safety Code for Head, Eye, and Respiratory Protection promulgated by the American Standards Association, Inc., or other standards generally recognized by industry.

Part 6 Legislative Internship Program

§ 49-50-601. Creation.

There is created the legislative internship program, which shall be a continuing part of the general assembly's staff operation.

§ 49-50-602. Participating students and schools.

(a) Upper division undergraduate and graduate students at cooperating public and private colleges and universities in Tennessee offering a program leading to a degree in law, political science, history, administration, social work, economics, sociology, journalism and related fields are entitled to participate.
(b)
1. (1) The appropriate governing boards are authorized to designate as cooperating colleges or universities any of the qualified colleges and universities in the state college and university system.
2. (2) The designation of a private college or university as a cooperating college or university shall be by the board of trustees or a comparable governing body of the college or university.
(c) Each college or university desiring to participate shall appoint one (1) member of its faculty to function as its official representative to the program.
(d) Nothing in this part shall be interpreted to prohibit or restrict individual colleges or universities from providing interns to individual legislators or county legislative delegations if the interns are not compensated nor their expenses reimbursed under the terms of this part.

1 Backlink

49-50-603(c)

§ 49-50-603. Sponsoring committee.

(a) There is established a legislative intern committee and an academic intern committee to be known collectively as the sponsoring committee.
(b) The legislative intern committee will consist of the following members:
1. (1) The speaker of the senate, the senate minority leader and two (2) senators to be appointed by the speaker of the senate, one (1) from the minority party and one (1) from the majority party;
2. (2) The speaker of the house of representatives, the minority leader of the house of representatives and two (2) representatives to be appointed by the speaker of the house of representatives, one (1) from the minority party and one (1) from the majority party; and
3. (3) The director of legislative services, or the director's designee, who shall be the program administrator.
(c) The legislative intern committee shall select from among the official representatives of cooperating colleges and universities, as defined in § 49-50-602, five (5) members to serve as an academic intern committee. Members of the academic intern committee shall serve for one (1) year and shall be eligible for reappointment. Any vacancy shall be filled by appointment by the legislative intern committee of an official representative for the remainder of the term. In selecting members of the academic intern committee, the legislative intern committee shall make every effort to assure minority group participation on the academic intern committee. An academic intern committee chair shall be selected from among the members.
(d) Members of the legislative intern committee shall serve without compensation, except for the mileage and per diem allowance that is provided by the general assembly. Compensation for members of the academic intern committee shall be provided by the various participating colleges and universities in accordance with their established policies and procedures.
(e) The sponsoring committee, the legislative committee and the academic committee shall meet at such times as necessary, upon the call of the chairs of the respective committees. The sponsoring committee shall hold at least two (2) regular meetings in each calendar year. One (1) meeting shall be held prior to September 1 for the purpose of making plans for the program for the next ensuing legislative session, reviewing policies and making changes that seem advisable to govern the program for the session, and transacting other business as necessary. The second meeting shall be held within the first three (3) days of the organizational session in odd-numbered years and within the first three (3) days of the regular session in even-numbered years for the purpose of making work assignments of interns.

1 Backlink

49-50-605

§ 49-50-604. Recruitment, selection and appointment of interns.

(a) The sponsoring committee shall recruit, select, appoint, fix the stipends for and assign interns to appropriate offices of the general assembly in the following manner:
1. (1) Applications for student internships will be submitted to the official representative of the participating college or university, by the date established by the sponsoring committee. The official representative shall conduct an initial screening procedure;
2. (2) The official representative shall forward appropriate applications to the academic intern committee for their consideration; and
3. (3) Applicants tentatively accepted by the academic intern committee will appear before the committee for an interview and final approval.
(b) In addition to its duties as a member of the sponsoring committee, the academic intern committee shall make recommendations to participating universities and colleges regarding academic credit, course content, seminars or other information designed to enhance intern effectiveness and involve the academic community.
(c) In addition, the sponsoring committee shall fix the number of hours to be devoted to its internship program by the interns. Should any intern fail to meet the standards set from time to time by the sponsoring committee, the intern's appointment may be terminated by a majority vote of the sponsoring committee.
(d) In recruiting, selecting and appointing legislative interns, the legislative intern committee, the academic intern committee and official faculty representatives shall make every effort to assure that minority group students may be included among those selected as interns for each legislative session.
(e) Student interns shall be appointed for each regular legislative session, for terms that the sponsoring committee may determine.

§ 49-50-605. Program administrator — Duties.

The program administrator or the program administrator's designee, as provided in § 49-50-603, shall perform the following duties:
1. (1) Maintain appropriate committee records;
2. (2) Maintain a file pertinent to each legislative staff intern during the period of internship;
3. (3) Coordinate the specific work assignment of legislative staff interns; and
4. (4) Coordinate the individual academic requirements of legislative interns with the chair of the academic intern committee.

§ 49-50-606. Acceptance of grants and contributions.

The legislative internship program shall be permitted to accept foundation grants and private contributions and apply for and accept grants from any agency of the federal or state government.

§ 49-50-607. Policy statement.

The committee shall adopt a statement of policy to be followed by the program administrator in the administration of the legislative intern program and for the guidance of legislative offices and committees desiring to utilize the services of legislative interns.

Part 7 Literary and Scientific Institutions

§ 49-50-701. Watkins Institute.

(a) It is the object of the trust established by the last will and testament of Samuel Watkins to promote the diffusion of knowledge among the people and to afford an opportunity to the youth of Nashville who are without the means to attend schools and colleges where the higher branches of education are taught, to acquire information upon such useful subjects as will be beneficial in the business of life.
(b) The governor is authorized to appoint, by and with the advice and consent of the senate, three (3) persons, to be known as commissioners of the Watkins Institute, who shall hold their office for four (4) years and until their successors are appointed as provided in this subsection (b).
(c) The commissioners are to receive no compensation for their services, are required to render biennial accounts to the governor of receipts, expenditures, and all other matters connected with the trust, and their management is at all times to be subject to inquiry by the authority of the state, under the protection of which the affairs of the institute are placed.
(d) The institute is intended to be a school for teaching science orally and by experiment. A large discretion is necessarily given to the commissioners as to the subjects to be treated, the number of lectures to be required on any branch of science, etc.
(e) The lecturers must be chosen with regard to their knowledge of the special branches that they profess to teach. The change of lecturers will likely be annually made, and locality, section, political or religious opinions, or personal preference, shall have no weight or influence in their selection by the commissioners.
(f) Discretion is left with the commissioners as to the means of obtaining revenue to carry out the provisions of the trust and as to the proper investment of any funds belonging to the institute. In exercising their discretion, the commissioners may sell or exchange any real or personal property belonging to the institute or held in trust by the state for the institute and may construct or lease property as needed for the purposes of the institute.
(g) Discretion is vested in the commissioners as to the purposes for which any hall to be erected in connection with the building may be used, as, on certain occasions, it may be a public convenience to rent or use it for purposes not literary or educational.
(h) The state accepts the Watkins trust, and the governor for the time being is authorized and required to appoint commissioners for the establishment and management of the Watkins Institute, in compliance with the request of Samuel Watkins, deceased, and in conformity with the provisions set forth and declared in Samuel Watkins' last will and testament, and the codicils attached to the will.
(i) The institute shall annually provide an audited financial statement to the comptroller of the treasury and to the chairs of the government operations committees of the senate and the house of representatives.
(j) The institute shall annually provide a corporate financial statement prepared by a public accountant who holds a valid permit to practice in this state to the comptroller of the treasury and to the chairs of the government operations committee of the senate and the house of representatives.

Part 8 Private Schools

§ 49-50-801. Church-related schools.

(a) As used in this section, unless the context otherwise requires, “church-related school” means a school operated by denominational, parochial or other bona fide church organizations that are required to meet the standards of accreditation or membership of the Tennessee Association of Christian Schools, the Association of Christian Schools International, the Tennessee Association of Independent Schools, the Southern Association of Colleges and Schools, the Tennessee Association of Non-Public Academic Schools, the Tennessee Association of Church Related Schools, the Association of Classical and Christian Schools, the Tennessee Alliance of Church Related Schools, or a school affiliated with Accelerated Christian Education, Inc.
1 Backlink
- 49-6-2117(a)
(b) The state board of education and local boards of education are prohibited from regulating the selection of faculty or textbooks or the establishment of a curriculum in church-related schools.
(c) The state board of education and local boards of education shall not prohibit or impede the transfer of a student from a church-related school to a public school of this state. Local boards may, however, place students transferring from a church-related school to a public school in a grade level based upon the student's performance on a test administered by the board for that purpose. In local school systems where the local board of education requires tests for students transferring to that system from another public school system, the same test shall be administered to students transferring to such system from church-related schools.
(d) Church-related schools shall be conducted for the same length of term as public schools.
(e)
1. (1) Nothing in this section shall be interpreted as prohibiting church-related schools from voluntarily seeking approval by the state board of education nor prohibiting the state board of education from extending such approval when it is voluntarily sought.
2. (2) This section does not prohibit a nonpublic school that meets the standards of accreditation of one (1) or more of the organizations identified in subsection (a) from operating as a Category II nonpublic school if the school meets the requirements established by the department of education and the state board of education for a Category II nonpublic school.

§ 49-50-802. Information about meningococcal disease and influenza and the effectiveness of vaccination.

(a) Nonpublic schools shall provide parents and guardians with information about meningococcal disease and the effectiveness of vaccination against meningococcal disease at the beginning of every school year. This information shall include the causes, symptoms and the means by which meningococcal disease is spread and the places where parents and guardians may obtain additional information and vaccinations for their children. Nothing in this subsection (a) shall be construed to require a nonpublic school to provide or purchase vaccine against meningococcal disease.
(b) Nonpublic schools shall provide parents and guardians with information about influenza disease and the effectiveness of vaccination against influenza at the beginning of every school year. This information must include the causes, symptoms, and means by which influenza is spread and the places where parents and guardians may obtain additional information and vaccinations for their children. Nothing in this subsection (b) requires a nonpublic school to provide or purchase vaccine against influenza. The department of education, in consultation with the department of health, shall provide information to nonpublic schools to assist in the implementation of this subsection (b).

§ 49-50-803. Handgun carry policy.

(a)
1. (1) The board or governing entity of each private K-12 school, or the chief administrative officer if the school does not have a board or governing entity, may establish a handgun carry policy for any property on which the school is located that is owned or operated by the school and for any building or structure located on the school property.
2. (2) Any handgun carry policy adopted by the board or governing entity, or the chief administrative officer when appropriate, may:
  1. (A) Prohibit the carrying or possession of a handgun on the property of, or in a building located at, the private school;
  2. (B) Permit the carrying of handguns by persons qualified under subsection (b) on all property constituting the campus of the school and in all buildings owned or operated by the school; or
  3. (C) Permit the carrying of handguns by persons qualified under subsection (b) in certain areas on the property of the school or in certain buildings, but prohibit the carrying in other areas or buildings.
(b) If the board or governing entity, or the chief administrative officer when appropriate, permits the possession of handguns in accordance with this section at the private school, the following rules and limitations shall apply:
1. (1) No person who is otherwise prohibited from possessing a handgun is permitted to carry a handgun on private school property;
2. (2) The person must have a valid Tennessee handgun carry permit, pursuant to § 39-17-1351; and
3. (3) No private institution that permits the possession of handguns on the property owned or operated by the institution pursuant to this section shall be required to post signs as required by § 39-17-1309(d).
(c)
1. (1) The handgun carry policy for each private school shall be reduced to writing, disseminated in a manner likely to ensure that it is known by students attending the school, the parent or guardian of each student, the faculty and other employees, and others who may go upon the grounds or enter a building on property owned or operated by the school. The policy shall be made available in the principal's office to anyone desiring a copy and distributed to the parents of children enrolled in the school by a method or methods reasonably likely to ensure dissemination of the policy, such as e-mails, text messaging, or posting on the school's website.
2. (2) The policy shall go into effect thirty (30) days after it is adopted and disseminated as provided in this subsection (c).
(d) If a private K-12 school does not adopt a handgun carry policy in accordance with subsection (a), then the carrying or possession of a firearm is prohibited in accordance with § 39-17-1309.
(e) The chief administrative officer shall submit a copy of the handgun carry policy for the school to the sheriff's department and, if applicable, police department with jurisdiction over the school.

2 Backlinks

§ 49-50-804. Placement of automated external defibrillator (AED) devices in private schools.

1. (a) All private schools, as defined in § 49-6-3001, are encouraged to place automated external defibrillator (AED) devices in schools, as required of public schools in § 49-2-122.
2. (b) If a private school places an AED in the school, then the private school shall comply with this section, § 49-2-122, and title 68, chapter 140, part 4, relative to training, establishment of a written plan, notification, and other requirements. Private schools shall comply with § 68-140-404 as to the maintenance and testing of AEDs to ensure that the devices are in optimal operating condition.
3. (c) Section 49-2-122(e) shall apply to private schools that place an AED in the school.

§ 49-50-805. Biological sex controls interscholastic athletic activity — Exception.

(a) In connection with an interscholastic athletic activity or event where membership in the Tennessee Secondary School Athletic Association is required, a student enrolled in a private school in this state is eligible to participate in such athletic activity or event only in accordance with the student's sex, as defined in § 49-2-802.
(b) This section does not prohibit a student whose sex, as defined in § 49-2-802, is female from participating on a team designated for male students if the school does not offer a separate team for female students in that sport.

Part 9 Tennessee Public Broadcasting Act of 1984

§ 49-50-901. Short title.

This part shall be known and may be cited as the “Tennessee Public Broadcasting Act of 1984.”

§ 49-50-902. Legislative intent.

It is declared to be the intent of the general assembly in enactment of this part to bring about the orderly transfer of licenses and operational responsibilities for state-owned educational television stations to appropriate local community agencies, and to encourage the further development of public television broadcasting in Tennessee. The general assembly recognizes that successful implementation of this goal is contingent upon diligent efforts by the state board of education and the department of education, as well as upon successful appropriate local community agencies. It is the intent of the general assembly that all departments of state government cooperate with and assist in this process. The general assembly also recognizes the crucial importance of state funding resources to the continued viability and improvement of the state educational television system.

§ 49-50-903. Stations eligible to receive grants — State contracts for special services.

(a) Pursuant to the funding mechanisms specified in this part or later adopted, the following television stations shall be eligible to receive grants from the state:
1. (1) WSJK, Sneedville;
2. (2) WTCI, Chattanooga;
3. (3) WCTE, Cookeville;
4. (4) WLJT, Lexington/Jackson;
5. (5) WKNO, Memphis;
6. (6) WDCN, Nashville; and
7. (7) WKOP, Knoxville.
(b) No station not listed in this section shall be eligible for grants or financial support from the state.
(c) In addition to grants provided under this part, departments and agencies of the state are authorized to contract with the stations listed in this section for specific services that may be required by such departments.

1 Backlink

49-50-908(b)

§ 49-50-904. Transfer of ownership and control.

Not later than July 1, 1986, ownership and control of the stations currently licensed to the state board of education shall be transferred to not-for-profit community corporations. Notwithstanding any other provision of this part and subject to the approval of the state board of education and the federal communications commission, any station may be transferred to a new not-for-profit corporation or to an existing not-for-profit corporation that is engaged in public broadcasting, and more than one (1) station may be operated by the not-for-profit broadcasting entity.

§ 49-50-905. Tennessee public television council.

(a) There is created the Tennessee public television council.
(b) The membership of the council shall consist of the general manager of each of the eligible stations in this state as defined in this part. If a general manager has an impairment that prevents the general manager's attendance in work on the council, then the general manager may appoint a designee to attend as the general manager's representative.
(c) Any station failing to participate actively in the work of the council or attempting to subvert its joint corporate activity may be expelled from the council by majority vote of its members and may not participate in deliberations concerning the funding formula to be proposed by the council in the next year, as provided in this part. The exclusion shall be for a period of one (1) year, but may be renewed in the event the station fails to evidence cooperative and supportive activity. Notwithstanding any other provisions of this part, no station that has failed to participate in deliberations concerning the proposed funding formula, by virtue of expulsion, shall have any right to a grant unless a grant to the station is specifically included in the proposal of the council when the proposal is made to the general assembly. It is the intention of the general assembly to provide incentives to individual stations to support the joint corporate activity of the council and to discourage self-serving, noncooperative activity by individual stations.
(d) Beginning on July 1, 1987, the council shall have responsibility for:
1. (1) Coordinating and facilitating cooperation between Tennessee public television stations;
2. (2) Acting as liaison between the stations and the legislative and executive branches of government; and
3. (3) Submitting annual reports of service provided and requests for appropriations to the governor, the chair of the government operations committee of the senate, the chair of the government operations committee of the house of representatives, and other appropriate committees of the general assembly.
  1 Backlink
  - 49-50-909(b)

1 Backlink

4-29-246(a)(50)

§ 49-50-906. Implementation of part.

(a) The state board of education, through the commissioner of education, is authorized and directed to take such action as the board deems necessary to implement and to oversee implementation of this part in a thorough and cost-effective manner.
(b) Throughout the implementation phase of this part, the board shall periodically inform the appropriate committees of the senate and of the house of representatives, designated by the respective speakers, of actions planned or undertaken to implement these provisions.
(c) The state board shall also take appropriate steps to:
1. (1) Explore alternatives and undertake negotiations to effectuate this part;
2. (2) Effectuate, in coordination with other appropriate agencies, the lease or transfer of the state-owned real and personal property currently utilized for educational television purposes, as may be necessary to accomplish the purposes of this part;
3. (3) Encourage and assist in the creation and development of the Tennessee public television council;
4. (4) Explore alternative methods and undertake action to assist public television stations in the development of their fund-raising capabilities; and
5. (5) Study alternative formulas for distributing annual state educational television grants in order to achieve an equitable funding pattern and encourage local fund-raising efforts. The formula shall be fully implemented no later than July 1, 1987.

§ 49-50-907. [Reserved.]

§ 49-50-908. Development and expansion of service.

(a) Notwithstanding any provisions of this part to the contrary, the state board of education is authorized, during the implementation phase of this part, to undertake such action as may be necessary to assist in or encourage the development of public television service in the Johnson City-Kingsport-Bristol area.
(b) Notwithstanding any law to the contrary, and in keeping with the intention of the general assembly to foster the development of public television as a resource for Tennessee citizens and institutions, all units of state government are authorized and encouraged to extend to the eligible stations enumerated in § 49-50-903 all possible assistance and cooperation. Assistance may include, but is not limited to, allowing the eligible stations to use state facilities and property without charge when not needed for other purposes or to the extension of other services without charge when such assistance will not impair the ability of the providing agency to perform its usual and required functions.

§ 49-50-909. Funding.

(a) Appropriations in the amounts to be determined annually by the general assembly are authorized for the purposes of carrying out this part.
(b) The Tennessee public television council, in accordance with § 49-50-905(d)(3), has the responsibility for submitting budgetary requests for appropriations for the stations to the governor and the proper committees of the general assembly. The council shall satisfy the appropriate committees of the general assembly that the stations are cooperating in providing high quality public television service to the people of this state, that the needs of the people of this state are being met through the provision of adequate instructional, cultural and informational programming and that the stations have implemented mechanisms for determining the needs of the citizens and institutions in their respective coverage areas.
(c) The commissioner of education may be requested by the general assembly to provide testimony concerning the adequacy of the educational television service being provided by the stations and the adequacy of the support services provided by the department of education.
(d) The general assembly shall appropriate funds it deems proper, to be disbursed by the commissioner to the eligible stations upon the terms set forth in this section.
(e) The commissioner shall make annual grants to the eligible stations under the terms of the grant formula that shall be provided by the Tennessee public broadcasting council. It is the responsibility of the commissioner to determine that each station requesting a grant under the terms of this part meets the grant criteria of the funding formula then in force. Having ascertained that each eligible station has met the criteria of the formula, the commissioner is authorized and directed to disburse grants to the stations as expeditiously as possible.
(f) The general assembly may appropriate from time to time capital improvement grants that it may deem proper. The grants shall be used for the purchase, replacement or improvement of the capital equipment of eligible stations and may be used to match grants received from other sources. Capital improvement grants are in addition to other grants that may be provided for station operations under any other provisions of this part.
(g) Capital improvement grants may be made by the general assembly upon the recommendation of the Tennessee public television council, the commissioner or upon the recommendation of other state officials, but no such grant may be made solely upon the recommendation or application of the station to whom the grant is to be awarded.
(h) The commissioner is authorized and directed to disburse sums appropriated for capital improvement grants to the grantee in accordance with the terms of the appropriation.

§ 49-50-910. Records — Audits.

(a) Any station that receives any grant under this part shall retain a complete set of business records for a period of not less than three (3) years following the date of the grant. These records are to be maintained in accordance with generally accepted accounting practices, and shall be in a form that is readily auditable.
(b) The commissioner or comptroller of the treasury may examine the records as necessary to ascertain that the sums appropriated by the general assembly are being used by the grantee stations for purposes of station operation or capital improvement and not for any private purpose.

§ 49-50-911. Prohibited state influence — Stations extended enumerated freedoms.

(a) No official of state government shall have the authority to attempt to influence the content of any individual program or series of programs or to influence the treatment of any subject by any eligible station as defined by this part.
(b) All eligible stations as defined in this part are extended the same protections of freedom of press and freedom from search and seizure as are extended to other journalistic enterprises in this state.

§ 49-50-912. Transfer of employees' benefits.

(a) Any person who is employed by a state-owned educational television station as defined by § 8-35-119 may continue participation in the state insurance program by notifying the state insurance committee of the person's intent to participate and by making the required employee payments for coverage. Notice shall be given within ninety (90) days of the transfer of control of the employing station. The local community agency shall be responsible for all employer costs incurred as a result of the employee electing to remain a participant in the state insurance program. Contributions shall be made at the same rate as employer contributions for state employees.
(b) It is a condition of voluntary transfer of control of a public television station from the state to the control of another licensee that the new licensee establish a system of sick leave, annual leave and other benefits for its employees that it deems proper, the terms of which shall be entirely within the discretion of the new licensee. However, the new licensee must establish an individual account of benefits for each person employed at the time of transfer of control.
(c) At the time of transfer of control of a television station from the state to any other licensee, the state shall certify to the new licensee the number of days of sick leave, annual leave and compensatory time accrued by each employee while in state service, and the accrued benefits shall be recorded in the individual account of each employee by the new licensee.
(d) At the time accrued sick or annual leave benefits or compensatory time are used by an employee of a television station formerly under state control, the new licensee shall bill the state; and the state shall pay to the new licensee a sum equal to the value of the sick or annual leave or compensatory time used by the employee. These payments shall only be made in the case of use of leave or compensatory time accrued by former employees of the state while those persons were employed by the state.
(e) At the time of retirement of any employee of an eligible Tennessee public television station, the employer shall certify to the retirement system the balance of unused sick leave for purposes of calculating retirement credit; provided, that the retiring employee is a member of the state retirement system. A station employee shall be entitled to sick leave credit on the same basis as an employee of the state.

Part 10 Special Schools

§ 49-50-1001. Organization and supervision of schools by commissioner of education — Management and control of schools by department of education.

(a)
1. (1) The commissioner of education may organize and supervise schools and classes according to the rules and standards established for the conduct of schools and classes of the public school system in this state in all institutions wholly or partly supported by this state that are not supervised by public school authorities.
2. (2) Schools and classes established in wholly state-owned institutions must be financed by the department of education.
(b) The state board of education shall direct the department of education to manage and control the Tennessee School for the Blind, Tennessee School for the Deaf, West Tennessee School for the Deaf, and Alvin C. York Agricultural Institute. The department of education may:
1. (1) Select and employ directors of schools, teachers, officers, and other employees for state special schools, including school counselors consistent with the requirements for LEAs set forth in § 49-6-303;
2. (2) Determine the salary and terms of employment for employees of state special schools;
3. (3) Recommend curricula for state special schools;
4. (4) Recommend to the state board of education for approval:
  1. (A) Standards and policies for the minimum requirements for admission to, and discharge from, state special schools; and
  2. (B) Rules to achieve for the school year 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;
5. (5) Receive donations of money, property, or securities from any source for the benefit of the institutions named in this subsection (b), which funds it shall, in good faith, disburse in accordance with the conditions of the gifts. Subject to the terms and conditions of legislative appropriations therefore, the department shall have the power to purchase land, condemn land, erect buildings and equip the buildings for the schools on such terms as it may deem advisable and advantageous and to pay for the property out of funds appropriated or donated to or for the schools. The department shall be vested with title to property so purchased or acquired;
6. (6) Administer the Tennessee School for the Blind, the Tennessee School for the Deaf, the West Tennessee School for the Deaf, and the Alvin C. York Agricultural Institute and to exercise with respect to these schools all the powers conferred upon it by § 12-1-109;
7. (7) Approve the budgets of the Tennessee School for the Blind, the Tennessee School for the Deaf, the West Tennessee School for the Deaf, and the Alvin C. York Agricultural Institute; and
8. (8) Employ at the Tennessee School for the Blind, the Tennessee School for the Deaf, the West Tennessee School for the Deaf, and the Alvin C. York Agricultural Institute at least one (1) employee who is a certified cardiopulmonary resuscitation (CPR) instructor. Such person shall be responsible for training other members of the school in CPR.
(c) For the purposes of this part:
1. (1) “Commissioner” means the commissioner of education; and
2. (2) “Department” means the department of education.
(d) The state board of education shall promulgate rules providing employees of the Tennessee School for the Blind, the Tennessee School for the Deaf, the West Tennessee School for the Deaf, the Alvin C. York Agricultural Institute, and any other special school hereafter established, the right to appeal to the board decisions of the commissioner relative to adverse job actions. Rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Appeals filed pursuant to the rules promulgated under this section are contested cases under title 4, chapter 5, part 3.

2 Backlinks

§ 49-50-1002. Budgetary, accounting, and financial reporting procedures — Carryover of funds.

(a) The department of finance and administration shall prescribe the budgetary, accounting, and financial reporting procedures for the Tennessee School for the Blind, the Tennessee School for the Deaf, the West Tennessee School for the Deaf, and the Alvin C. York Agricultural Institute.
(b) The department of education is authorized to carry over a maximum of ten percent (10%) of the total appropriated funds for operation of the state special schools system. This shall not affect the next year's appropriation. The department of education is authorized to utilize a part of this budget for the purposes of securing and utilizing federal grants.

§ 49-50-1003. Allocation of appropriations.

(a) The several appropriations of state funds annually made for the operation and maintenance of the Tennessee School for the Blind, the Tennessee School for the Deaf, the West Tennessee School for the Deaf, the Alvin C. York Agricultural Institute, and other special schools operated by the department of education as may hereafter be created shall be administered and expended under budgets approved by the department of education.
(b) The schools referenced in subsection (a) may award scholarships for the school's graduates. The graduates must be selected by the respective director of schools under the approval of the commissioner.
(c) The department shall obligate and expend appropriations for the capital improvement of the state special schools.
(d) The salary schedules for teachers and other professional personnel in the state special schools must be reasonably comparable to those currently in effect in the LEAs where the respective institution is located, but the salaries must be paid solely out of the state appropriations made to the respective institutions.

§ 49-50-1004. Tennessee School for the Blind.

(a) The school for the instruction of students who are blind or visually impaired in Nashville shall be a body corporate by the name of “Tennessee School for the Blind.”
(b) The corporation has the right to:
1. (1) Sue in law or equity;
2. (2) Receive donations of money from any source for the benefit of the school;
3. (3) Take and hold property, real and personal, for its use and benefit as a school; and
4. (4) Have a seal and such corporate rights and powers as are necessary and proper to effect the end of its creation, the education of students who are blind or visually impaired.
(c) The land, buildings, and appurtenances used by the Tennessee School for the Blind are the property of this state.
(d) The commissioner may:
1. (1) Administer and manage the household and domestic affairs of the school;
2. (2) Implement policies and guidelines of the state board of education relative to the school; and
3. (3) Establish a work training program for adults who are blind or visually impaired.
(e) Any student three (3) through twenty-one (21) years of age, both inclusive, who is a resident of this state and who has a visual impairment, including either partial sight or blindness, even with correction, that adversely affects the student's educational performance is eligible for admission to the Tennessee School for the Blind.
(f) The director of schools for the Tennessee School for the Blind may admit eligible students who have been evaluated and referred by the student's individualized education program team, as defined by § 49-10-102, for services at the school as the most appropriate placement within the least restrictive environment.
(g) Students admitted to the Tennessee School for the Blind who are residents of this state shall not be charged tuition.
(h) The Tennessee School for the Blind is authorized to implement programs and install facilities for career and technical education.

§ 49-50-1005. Tennessee School for the Deaf.

(a) The state school for the education of students who are deaf or hearing impaired, located in the city of Knoxville, shall be a body corporate by the name of “Tennessee School for the Deaf.” The state school for the education of students who are deaf or hearing impaired, located in the city of Jackson, shall be a body corporate by the name of “West Tennessee School for the Deaf.”
(b) Each corporation has the right to:
1. (1) Sue in law or equity;
2. (2) Receive donations of money from any source for the benefit of the school;
3. (3) Take and hold property, real and personal, for its use and benefit as a school; and
4. (4) Have a seal and such corporate rights and powers as are necessary and proper to effect the end of its creation, the education of students who are deaf.
(c) The commissioner may:
1. (1) Administer and manage the household and domestic affairs of the schools; and
2. (2) Implement policies and guidelines of the state board of education relative to the schools.
(d) The land, buildings, and appurtenances used by the Tennessee School for the Deaf and the West Tennessee School for the Deaf are the property of this state.
(e) Any student three (3) through twenty-one (21) years of age, both inclusive, who is a resident of this state and who has a hearing impairment that adversely affects the student's educational performance is eligible for admission to the Tennessee School for the Deaf or the West Tennessee School for the Deaf.
(f) The director of schools for the Tennessee School for the Deaf and the West Tennessee School for the Deaf may admit eligible students who have been evaluated and referred by the student's individualized education program team, as defined by § 49-10-102, for services at the school as the most appropriate placement within the least restrictive environment.
(g) Students admitted to the Tennessee School for the Deaf or the West Tennessee School for the Deaf who are residents of this state shall not be charged tuition.

§ 49-50-1006. Branch schools of school for the deaf.

(a) This state, acting through the state board of education and the commissioner of education, shall establish, maintain, and operate a school in Madison County for the hearing impaired children of west Tennessee.
(b) There shall also be a branch school of the school for the deaf located in Davidson County.

§ 49-50-1007. Sharing of same president, director of schools, or officers prohibited.

The Tennessee School for the Blind, the Tennessee School for the Deaf, the West Tennessee School for the Deaf, and the Alvin C. York Agricultural Institute shall not share the same president, director of schools, or officers at the same time.

§ 49-50-1008. Deaf mentor and parent advisor program.

(a)
1. (1) The Tennessee School for the Deaf, together with the West Tennessee School for the Deaf, shall maintain a deaf mentor and parent advisor program to assist families in implementing bilingual and bicultural home-based programming for young children who are deaf, hard of hearing, or deaf-blind.
2. (2) The program must be available at:
  1. (A) The West Tennessee School for the Deaf in Jackson;
  2. (B) The Tennessee School for the Deaf, Knoxville campus; and
  3. (C) The Tennessee School for the Deaf, Nashville campus.
3. (3) The program must focus on:
  1. (A) Preventing language deprivation or gaps through insufficient language access;
  2. (B) Providing a positive impact on a child's social and emotional development through a deaf role model and on a parent's emotional journey of having a deaf, hard of hearing, or deaf-blind child through a parent advisor; and
  3. (C) Ensuring that children who are deaf have equal access to learning opportunities at home and in the community.
4. (4) The program must use a deaf mentor curriculum.
5. (5) The program must provide hearing parents of children who are deaf, hard of hearing, or deaf-blind with the option of using a deaf mentor to expose the parents' children to American Sign Language and deaf culture and the option of using a parent advisor to expose the parents' children to listening and spoken English strategies and accessibility, allowing the children to grow and learn in a bilingual and bicultural milieu of hearing and deaf cultures instead of limiting the children's exposure to a signed or spoken English-only environment and the hearing culture of the children's families.
(b) Deaf mentors and parent advisors shall:
1. (1) Make regular visits to the homes of young children who are deaf, hard of hearing, or deaf-blind;
2. (2) Interact with the children and their families using American Sign Language and spoken English;
3. (3) Demonstrate American Sign Language and listening and spoken English techniques to family members; and
4. (4) Help families understand and appreciate deafness and deaf culture, as well as support them in understanding how to provide accommodations and access to communication.

Part 11 Student Transcripts

§ 49-50-1101. Student transcripts — Alterations — Penalties.

(a)
1. (1) A student transcript shall not be altered by any employee of an LEA, charter school, or virtual school unless the LEA, charter school, or virtual school has a written policy governing student transcript alterations. All transcript alterations shall be made in accordance with the LEA, charter school, or virtual school policy governing student transcript alterations.
2. (2) An LEA, charter school, or virtual school policy governing student transcript alterations must require any student transcript alteration to be supported by documentation providing an explanation of the reason for the transcript alteration and evidence that the student has earned the grade reflected in the altered transcript.
(b) An LEA, charter school, charter school authorizer, or virtual school shall not retaliate against an employee who brings unauthorized transcript alterations to the attention of school officials.
(c) Any person who intentionally violates this section may be subject to disciplinary action, including, but not limited to, revocation of a professional educator license or certification issued by the department of education, and may be subject to prosecution for falsification of educational or academic records under § 39-14-136.

Part 12 Toxic Art Supplies

§ 49-50-1201. Legislative findings and declaration.

The general assembly finds and declares that art supplies that contain toxic substances pose a serious and significant danger to the health and safety of school children. The general assembly also finds that school children are not sufficiently protected by present health laws in that materials that may threaten adverse health effects are not so labeled and, therefore, children are not properly warned as to the dangers inherent in the use of those materials.

§ 49-50-1202. Part definitions.

As used in this part, unless the content otherwise requires:
1. (1) “Art supplies” means any raw or processed material or manufactured product marketed or being represented by the manufacturer or repackager as being suitable for use in the demonstration or the creation of any work of visual or graphic art of any medium. These media may include, but shall not be limited to, paintings, drawings, prints, sculpture, ceramics, enamels, jewelry, stained glass, plastic sculpture, photographs and leather and textile goods; and
2. (2) “Toxic substance” means any substance that has the capacity to produce personal injury or illness to humans through ingestion, inhalation or absorption through any body surface.

§ 49-50-1203. Certification of art supplies as nontoxic — Examination.

(a) For each academic year, art supplies purchased by any school or school district for use by students in kindergarten (K) and grades one through six (1-6) shall be certified nontoxic by the Arts and Creative Materials Institute (ACMI) and shall bear the approved product (AP) or certified product (CP) seal certifying that the product is safe and contains no materials in sufficient quantities to be toxic or injurious to children.
(b) At the request of the commissioner of education, the commissioner of agriculture shall examine any art supply purchased by an LEA for unsafe levels of lead.

§ 49-50-1204. Lists of art supplies certified nontoxic.

(a) The commissioner of education shall make access to the list of art supplies that are certified nontoxic by the Arts and Creative Materials Institute (ACMI) available to all school districts in this state and shall make the list available to preschools, childcare centers and other businesses and organizations that involve children in the use of art supplies.
(b) The commissioner of education shall inform school districts of the requirements of this part and shall encourage school districts to dispose of art supplies that do not bear the approved product (AP) or certified product (CP) seal certifying that the product is safe and contains no materials in sufficient quantities to be toxic or injurious to children.
(c) The commissioner of education shall post on the website of the department appropriate resources for identifying whether a product is certified nontoxic by the Arts and Creative Materials Institute (ACMI) and other information concerning the safety of art supplies as deemed appropriate by the commissioner.

Part 13 Tennessee Foreign Language Institute [Repealed]

§ 49-50-1301. [Repealed]

§ 49-50-1302. [Repealed]

§ 49-50-1303. [Repealed]

§ 49-50-1304. [Repealed]

§ 49-50-1305. [Repealed]

§ 49-50-1306. [Repealed]

§ 49-50-1307. [Repealed]

§ 49-50-1308. [Repealed]

Part 14 Education Truth in Reporting and Employee Protection Act of 1989

§ 49-50-1401. Short title.

This part shall be known and may be cited as the “Education Truth in Reporting and Employee Protection Act of 1989.”

§ 49-50-1402. Purpose.

(a) The purpose of this part is to discourage persons, whether employed, elected or appointed, who are required to furnish statistical data, reports or other information to local or state departments, agencies or legislative bodies, from knowingly and willfully making or causing to be made any false or inaccurate compilation of statistical data, reports or information related to the operation of an LEA as defined in § 49-1-103. It is the intent of the general assembly to reduce the waste and mismanagement of public education funds, to reduce abuses in governmental authority and to prevent illegal and unethical practices.
(b) To help achieve these objectives, the general assembly declares that public education employees should be encouraged to disclose information on actions of LEAs that are not in the public interest and that legislation is needed to ensure that any employee making those disclosures shall not be subject to disciplinary measures, discrimination or harassment by any public official.

§ 49-50-1403. Part definitions.

As used in this part, unless the context otherwise requires:
1. (1) “Disciplinary action” means any direct or indirect form of discipline or penalty, including, but not limited to, dismissal, demotion, transfer, reassignment, suspension, reprimand, admonishment, reduction in force, withholding of work, unsatisfactory or below standard performance evaluation or the threat of such discipline or penalty;
2. (2) “Disclosure of information” means the written provision of evidence to any person, the department of education, a legislator or individual employee of the department or general assembly, or testimony before any committee of the general assembly, regarding any action, policy, regulation, practice or procedure, including, but not limited to, the waste of public education funds, mismanagement, falsification of state required reports, inaccurate compilation of statistical data or reports or abuse of authority by locally employed, elected or appointed officials or employees of an LEA; and
3. (3) “Person” or “persons” includes members of the local board of education, the director of the school system, supervisors, principals and other individual school system employees.

§ 49-50-1404. False statements to state or government employees, officials or entities.

No person or persons required by state law, or rules or regulations promulgated pursuant to those laws to collect, manage, review and maintain accurate records pertaining to the operation of an LEA shall knowingly and willfully make or cause to be made any false statement in any detail of statistical or financial data, reports or other information requested or required by a state official, employee, agency, department, board, commission or other body in the executive branch of state government, or any board, commission, committee, member or employee of the legislative branch of state government.

3 Backlinks

§ 49-50-1405. False statements to law enforcement agencies or the judiciary.

No person or persons required by state law, or rules or regulations promulgated pursuant to those laws, to collect, manage, review and maintain accurate records pertaining to the operation of an LEA shall knowingly and willfully make or cause to be made any false statement in any detail of statistical or financial data, reports, board minutes or other information requested or required by law enforcement agencies, the judiciary or any member or employee of a law enforcement agency or the judiciary.

3 Backlinks

§ 49-50-1406. Penalties.

Should any person be found guilty of knowingly and willfully making or causing to be made any false statement or report or otherwise violating the requirements of §§ 49-50-1404 and 49-50-1405, that person shall forfeit all pay and compensation for the position held for a period not to exceed one (1) year, be subject to dismissal, removal or ouster from the office or position and be ineligible for election or appointment for the same or a similar position for five (5) years.

§ 49-50-1407. Liability to agency or department.

Any person found to have personally profited from any violation of §§ 49-50-1404 and 49-50-1405 shall be liable to the affected LEA or state department or agency in an amount not to exceed actual money expended or lost and not administratively recoverable, plus the costs of any legal proceedings initiated by the affected LEA or state department or agency.

§ 49-50-1408. Reports of alleged falsification, waste or mismanagement.

(a) Any person having knowledge of a knowing or willful falsification within the meaning of §§ 49-50-1404 and 49-50-1405 or the waste or mismanagement of public education funds may report or disclose the falsification, waste or mismanagement to the department of education or committee of the general assembly or individual official, member or employee of the department or committee.
(b) The department shall make a thorough investigation of any written report of falsification, waste or mismanagement. No investigation of anonymous reports shall be required by this part. Reports of alleged falsification, waste or mismanagement shall be confidential only to the extent the person reporting requests that the person's name not be revealed.
(c) No penalty shall attach to the failure to report and a person reporting shall be presumed to be acting in good faith and shall thereby be immune from any liability, civil or criminal, that might otherwise be incurred or imposed for the reporting.

§ 49-50-1409. Civil action against party causing disciplinary action against reporting person.

(a) Any person reporting under this part shall have a civil cause of action against any person or employer who causes a disciplinary action or threat of disciplinary action against the reporting person. An action commenced pursuant to this part may seek appropriate injunctive relief or damages for each violation of this section.
(b) A court, in rendering a judgment over a disciplinary action against a person reporting pursuant to this part, shall order, as the court considers appropriate, reinstatement, payment of back wages, full reinstatement of fringe benefits and seniority rights, actual damages, or any combination of these remedies. A court may also award the complainant all or a portion of the costs of litigation, including reasonable attorney fees.

§ 49-50-1410. Collective bargaining agreements and other statutes.

(a) This part shall not be construed to diminish or impair the rights of a person under any collective bargaining agreement or as repealing any law now in force making it illegal for public employees or officials, elected or appointed, to violate certain statutes and providing a punishment for the violation.
(b) Proceedings under this part shall not be a bar to proceedings under any criminal, removal or ouster statute now in force or that may be in force.

§ 49-50-1411. Notice.

LEAs shall post notices and use other appropriate means to keep employees informed of their protections and rights under this part.

Part 15 Educational Records as Evidence Act

§ 49-50-1501. Short title.

This part shall be known and may be cited as the “Educational Records as Evidence Act.”

§ 49-50-1502. Part definitions.

As used in this part, unless the context otherwise requires:
1. (1) “Custodian” means the educational record practitioner and the administrator or other chief officer of an educational institution in this state and its proprietor, as well as their deputies and assistants, and any other persons who are official custodians or depositories of records;
2. (2) “Educational institution” means a public, private or parochial school providing education to students in the twelfth grade or below or a public or private postsecondary institution providing education to students at a level above the twelfth grade;
3. (3) “Eligible student” means a student who has reached eighteen (18) years of age or is attending a postsecondary institution;
4. (4) “Parent” means a parent of a student and includes a natural parent, a guardian, or an individual acting as a parent in the absence of a parent or a guardian; and
5. (5) “Student record” means an educational record that is directly related to a student and is maintained by an educational institution or by a party acting for the institution.

§ 49-50-1503. Subpoena duces tecum service and filing.

(a) Except as provided in § 49-50-1508, when a subpoena duces tecum is served upon a custodian of records of any educational institution in this state in an action or proceeding in which the educational institution is neither a party nor the place where any cause of action is alleged to have arisen, and the subpoena requires the production of all or any part of the records of the educational institution or of the educational institution's present or past student, it shall be sufficient compliance with the subpoena if the custodian or other officer of the educational institution within twenty (20) days after being served with a subpoena duces tecum, shall, either by personal delivery or certified or registered mail, file with the court clerk or the officer, body or tribunal conducting the hearing, a true and correct copy, which may be a copy reproduced on film or other reproducing material by microfilming, photographing, photostating, or other approximate process, or a facsimile, exemplification, or copy of such reproduction or copy, of all records described in the subpoena. Before complying with a subpoena for student records, the educational institution shall make a reasonable effort to notify the parent or the eligible student of the subpoena, so that the parent or eligible student may seek protective action, unless the subpoena was issued by a federal grand jury or for a law enforcement purpose and the court or other issuing agency ordered that the existence or the contents of the subpoena or the information furnished in response to the subpoena not be disclosed.
(b) Any party intending to use this section shall furnish the adverse party or the adverse party's attorney a copy of the subpoena duces tecum no less than ten (10) days prior to the date set for the hearing of the matter for which the records may be subpoenaed.

3 Backlinks

§ 49-50-1504. Production of subpoenaed records.

The copy of the records shall be separately enclosed in an inner envelope or wrapper, sealed, with the title and number of the action, name of witness and date of subpoena clearly inscribed thereon. The custodian of the record shall affix to the sealed envelope or wrapper containing student records an affidavit stating that each eligible student or parent of a student whose records are within the sealed envelope or wrapper was notified of the subpoena prior to compliance and the date on which the eligible student or parent was notified, unless the subpoena was issued by a federal grand jury or for a law enforcement purpose and the court or other issuing agency ordered that the existence or the contents of the subpoena or the information furnished in response to the subpoena not be disclosed. The sealed envelope or wrapper shall then be enclosed in an outer envelope or wrapper, sealed, and directed as follows:
1. (1) If the subpoena directs attendance in court, to the clerk of the court or to the judge of the court;
2. (2) If the subpoena directs attendance at a deposition, to the officer before whom the deposition is to be taken, at the place designated in the subpoena for the taking of the deposition, or at the officer's place of business; and
3. (3) In other cases, to the officer, body or tribunal conducting the hearing, at a like address.

1 Backlink

49-50-1506(b)

§ 49-50-1505. Unsealing subpoenaed records — Duties of custodian and issuing attorney.

(a)
1. (1) Unless the sealed envelope or wrapper is returned to a witness who is to appear personally, the copy of records shall remain sealed and shall be opened only at the time of trial, deposition or other hearing, upon the direction of the judge, court, officer, body or tribunal conducting the proceeding, in the presence of all parties who have appeared in person or by counsel at such trial, deposition or hearing. Before directing that the inner envelope or wrapper be opened, the judge, court, officer, body or tribunal shall first ascertain that:
  1. (A)
    1. (i) The custodian's affidavit attesting notification of each eligible student or parent of a student whose records are contained within the sealed envelope or wrapper is affixed;
    2. (ii) The eligible student or parent has had sufficient time in which to move to quash the subpoena; and
    3. (iii) No motion to quash the subpoena is pending; and
  2. (B)
    1. (i) The records have been subpoenaed at the instance of a student or parent of a student involved or the student's or parent's counsel of record;
    2. (ii) The student or parent involved or someone authorized in the student's or parent's behalf to do so for the student or parent has consented thereto and waived any privilege of confidentiality involved; or
    3. (iii) The records have been subpoenaed in a criminal proceeding.
2. (2) Records that are not introduced in evidence or required as part of the record shall be returned to the person or entity from whom they were received.
(b)
1. (1) Upon receipt of a subpoena, the custodian shall send the records to the attorney responsible for the issuance of the subpoena at the place and on or before the date designated in the subpoena, if the subpoena:
  1. (A) States conspicuously on its face that the records are required in a tort action or domestic relations proceeding in which the student or parent has raised the issue of the student's education level, performance or attendance; and
  2. (B) Directs the custodian's attendance at a deposition.
2. (2) Before opening the sealed records, the attorney responsible for the issuance of the subpoena shall ascertain that:
  1. (A) The custodian's affidavit attesting notification of each eligible student or parent of a student whose records are contained within the sealed envelope or wrapper is affixed;
  2. (B) Each eligible student or parent has had sufficient time in which to move to quash the subpoena; and
  3. (C) No motion to quash the subpoena is pending.
3. (3) The attorney responsible for the issuance of the subpoena need not meet the requirements of subdivision (a)(2) if the attorney furnishes a copy of the records to the adversary party or their counsel.

§ 49-50-1506. Custodian affidavit — Costs.

(a) The records shall be accompanied by an affidavit of a custodian stating in substance:
1. (1) That the affiant is the duly authorized custodian of the records and has authority to certify the records;
2. (2) That the copy is a true copy of all the records described in the subpoena;
3. (3) That the records were prepared by the personnel of the educational institution or persons acting under the educational institution's control in the ordinary course of business at or near the time of the act, condition or event reported therein; and
4. (4) Certifying the amount of the reasonable charges of the educational institution for furnishing the copies of the record.
(b) If the educational institution has none or only a portion of the records described, the custodian shall so state in the affidavit and file the affidavit and the records that are available in the manner described in §§ 49-50-1503 and 49-50-1504.
(c) The filing of the affidavit with respect to reasonable charges shall be sufficient proof of the expense, which shall be taxed as costs of court.

§ 49-50-1507. Evidentiary value of record copies and affidavits.

(a) The copy of the record shall be admissible in evidence to the same extent as though the original of the record were offered and the custodian had been present and testified to the matters stated in the affidavit.
(b)
1. (1) The affidavit shall be admissible in evidence and the matters stated in the affidavit shall be presumed true in the absence of a preponderance of evidence to the contrary.
2. (2) When more than one (1) person has knowledge of the facts, more than one (1) affidavit may be made.

§ 49-50-1508. Requiring personal attendance of custodian — Costs.

(a) Where the personal attendance of the custodian is required, the subpoena duces tecum shall contain a clause that reads: “The procedure authorized pursuant to § 49-50-1503 will not be deemed sufficient compliance with this subpoena.”
(b) Where both the personal attendance of the custodian and the production of the original record are required, the subpoena duces tecum shall contain a clause that reads: “Original records are required, and the procedure authorized pursuant to § 49-50-1503 will not be deemed sufficient compliance with this subpoena.”
(c) Where the personal attendance of the custodian is required, the reasonable cost of attendance and producing the records shall be taxed as costs of court.

1 Backlink

49-50-1503(a)

§ 49-50-1509. Substitution and preparation of record copies.

(a) In view of the property right of the educational institution in its records, original records may be withdrawn after introduction into evidence and copies substituted, unless otherwise directed for good cause by the court, judge, officer, body or tribunal conducting the hearing.
(b) The custodian may prepare copies of original records in advance of testifying for the purpose of making substitution of the original record, and the reasonable charges for making the copies shall be taxed as costs of court.
(c) If copies are not prepared in advance, they can be made and substituted at any time after introduction of the original record; and the reasonable charges for making the copies shall be taxed as costs of court.

Part 16 Self-Administration of Prescribed Medications and Other Treatments

§ 49-50-1601. Self-administration of pancreatic enzymes.

(a) As used in this section:
1. (1) “Emergency care plan” (ECP) means a child-specific action plan to facilitate quick and appropriate responses for an individual emergency in the school setting;
2. (2) “Individualized healthcare plan” (IHP) means a written plan of care developed at the local level to outline the provision of student healthcare services intended to achieve specific student outcomes. The IHP is part of the nursing process that is detailed in the National Association of School Nurses Position Statement: Individualized Healthcare Plans, The Role of the School Nurse (2013);
3. (3) “Pancreatic insufficiency” means a disorder of the digestive system. Pancreatic insufficiency may include the diagnosis of cystic fibrosis, a chronic disease that affects the lungs and digestive system.
(b) Self-administration in accordance with this section shall permit a student diagnosed with pancreatic insufficiency or cystic fibrosis to self-manage prescribed pancreatic enzyme therapy in the manner directed by the licensed healthcare provider without additional assistance or direction.
(c) An emergency care plan (ECP) may be a component of a student's individualized healthcare plan (IHP). The ECP shall specify when the emergency number (911) will be called and describe a plan of action when the student is unable to self-administer medication or self-manage treatment as prescribed.
(d)
1. (1) An IHP under this section shall be developed by a registered nurse (RN) in collaboration with the family, student, student's healthcare providers, and school personnel for the management of pancreatic insufficiency or cystic fibrosis while in school, participating in school-sponsored activities, and in transit to or from school or school-sponsored activities.
2. (2) The IHP shall be child-specific and shall address or include:
  1. (A) A written format for nursing assessment that includes health status, risks, concerns, and strengths;
  2. (B) Nursing diagnoses;
  3. (C) Interventions;
  4. (D) Delegation;
  5. (E) Training;
  6. (F) Expected outcomes; and
  7. (G) Goals to:
    1. (i) Meet the healthcare needs of a student with pancreatic insufficiency or cystic fibrosis; and
    2. (ii) Protect the safety of all students from the misuse or abuse of medication.
(e) With written authorization from the healthcare provider and parent, a student with pancreatic insufficiency or cystic fibrosis shall be allowed to carry and self-administer prescribed pancreatic enzymes.

§ 49-50-1602. Assistance in self-administration of medications — Administration of glucagons and anti-seizure medications by volunteers — Possession and self-administration of asthma-reliever inhalers — Diabetes care.

(a) Notwithstanding any law, policy or guideline to the contrary, a local board of education or a governing board for a nonpublic school may permit an employee or a person under contract to the board to assist in self-administration of medications, under the following conditions:
1. (1)
  1. (A) The student must be competent to self-administer nonprescription or prescription medication with assistance;
  2. (B) The student's condition, for which the medication is authorized or prescribed, must be stable;
  3. (C) The self-administration of the medication must be properly documented;
  4. (D) Guidelines, not inconsistent with this section, for the assistance in self-administration of nonprescription or prescription medications by personnel in the school setting, developed by the departments of health and education and approved by the board of nursing, must be followed;
  5. (E) The student's parent or guardian must give permission in writing for school personnel to assist with self-administration of medications. The written permission shall be kept in the student's school records; and
  6. (F) Assistance with self-administration shall primarily include storage and timely distribution of medication;
2. (2) Health care procedures including administration of medications to students during the school day or at related events shall be performed by appropriately licensed health care professionals in accordance with applicable guidelines of their respective regulatory boards and in conformity with policies and rules of local boards of education or governing boards of nonpublic schools. The student's parent or guardian must give permission in writing for appropriately licensed health care professionals to perform health care procedures and administer medications. The written permission shall be kept in the student's school records;
3. (3) Any person assisting in self-administration of medication or performing health care procedures, including administration of medications under this section, and any local board of education or governing board for a nonpublic school authorizing the self-administration of medications or the performance of health care procedures shall not be liable in any court of law for injury resulting from the reasonable and prudent assistance in the self-administration of such medication or the reasonable performance of the health care procedures, including administration of medications, if performed pursuant to the policies and guidelines developed by the departments of health and education and approved by applicable regulatory or governing boards or agencies;
4. (4) The departments of education and health shall jointly compile an annual report of self-administered medications and health care procedures, including administration of medications as provided for in this part, to students served in all public and nonpublic accredited schools in this state. This report shall be provided to the governor and the general assembly by October 31 of each year and shall include recommendations for meeting the needs for comprehensive school health.
  1 Backlink
  - 49-1-1003(c)
(b) In addition to assistance with self-administration of medications provided for in subsection (a), school personnel who volunteer under no duress or pressure and who have been properly trained by a registered nurse employed or contracted by the LEA may administer glucagon in emergency situations and may administer daily insulin to a student based on that student's individual health plan (IHP). However, if a public school nurse is available and on site, the nurse shall provide this service to the student. The public school nurse may train as many school personnel as volunteer and are willing to assist with the care of students with diabetes but should seek to ensure at least two (2) volunteers are available. The nurse shall be under no duress to qualify any volunteer unless such volunteer is trained and deemed by the nurse to be competent. In addition, in order to reduce the number of syringes present in schools, the nurse may encourage the use of an insulin pen, when available and deemed medically appropriate by the student's treating physician. The public school nurse employed or contracted by the LEA shall be responsible for updating and maintaining each IHP. The department of health and the department of education shall jointly amend current Guidelines for Use of Health Care Professionals and Health Procedures in a School Setting to reflect the appropriate procedures for use by registered nurses in training volunteer school personnel to administer glucagon and insulin. The board of nursing shall be afforded the opportunity to review and comment on the guidelines before they take effect and any training begins. The guidelines developed shall be used uniformly by all LEAs that choose to allow volunteer school personnel to administer glucagon and insulin. Training pursuant to subdivision (d)(3) to administer glucagon and insulin shall be repeated annually and competencies shall be documented at least twice a year in the employee's personnel file. The provisions of subdivision (a)(3) regarding protection from liability shall apply also to the volunteers who provide services pursuant to this subsection (b) and the registered nurses who provide their training.
(c) Notwithstanding any provision of this title or any other law or rule to the contrary:
1. (1) An LEA must permit possession and self-administration of a prescribed, metered dosage asthma-reliever inhaler by any asthmatic student if the student's parent or guardian:
  1. (A) Provides to the school written authorization for student possession and self-administration of the inhaler; and
  2. (B) Provides a written statement from the prescribing health care practitioner that the student suffers from asthma and has been instructed in self-administration of the prescribed, metered dosage asthma-reliever inhaler. The statement must also contain the following information:
    1. (i) The name and purpose of the medication;
    2. (ii) The prescribed dosage;
    3. (iii) The time or times the prescribed inhaler is to be regularly administered, as well as any additional special circumstances under which the inhaler is to be administered; and
    4. (iv) The length of time for which the inhaler is prescribed;
2. (2) The statements required in subdivision (c)(1) shall be kept on file in the office of the school nurse or school administrator;
3. (3) The LEA shall inform the student's parent or guardian that the school and its employees and agents shall incur no liability as a result of any injury sustained by the student or any other person from possession or self-administration of the inhaler. The student's parent or guardian shall sign a statement acknowledging that the school shall incur no liability and the parent or guardian shall indemnify and hold harmless the school and its employees against any claims relating to the possession or self-administration of the inhaler. Nothing in this subsection (c) shall be construed to relieve liability of the school or its employees for negligence;
4. (4) The permission for self-administration of the prescribed, metered dosage asthma-reliever inhaler shall be effective for the school year in which it is granted and must be renewed each following school year upon fulfilling the requirements of subdivisions (c)(1) and (3). The LEA may suspend or revoke the student's possession and self-administration privileges if the student misuses the inhaler or makes the inhaler available for usage by any other person; and
5. (5) Upon fulfilling the requirements of subdivision (c)(1), an asthmatic student may possess and use the prescribed, metered dose asthma-reliever inhaler when at school, at a school-sponsored activity or before or after normal school activities while on school properties, including school-sponsored child care or after-school programs.
(d)
1. (1) Notwithstanding any law, policy, or guideline to the contrary, a local board of education or a governing board for a nonpublic school may permit school personnel to volunteer to assist with the care of students with diabetes under the following conditions:
  1. (A) The student's parent or guardian and the student's personal health care team must have developed a medical management plan that lists the health services needed by the student at school and is signed by the student's physician, nurse practitioner or physician assistant;
  2. (B) The student's parent or guardian shall have given permission for the school's trained volunteer or school nurse to participate in the care of the student with diabetes. The written permission shall be kept in the student's school records.
  3. (C) Assistance in the care of students with diabetes must be documented in accordance with this subsection (d); and
  4. (D) The department of education and the department of health shall, after considering recommendations from national organizations involved with diabetes care, jointly amend current “Guidelines for Use of Health Care Professionals and Health Care Procedures in a School Setting” to reflect the appropriate procedures for use by the school registered nurse (RN) in training school personnel who volunteer to assist with the care of students with diabetes. The guidelines may not take effect and no training under the guidelines may take place until the board of nursing has been afforded an opportunity to review and comment on the guidelines. The guidelines must be used uniformly by all LEAs that choose to allow school personnel to volunteer to assist with the care of students with diabetes.
2. (2) The guidelines for assistance with the care of students with diabetes must include the following:
  1. (A) Guidelines for recognition, management and treatment of hypoglycemia and hyperglycemia;
  2. (B) Guidelines for understanding the individual health plan (IHP) for a student with diabetes with regard to blood glucose level target ranges, schedules for meals and snacks and actions to be taken in the case of schedule disruption; and
  3. (C) Guidelines for performing blood glucose monitoring, ketone checking and recording the results and also for performing insulin and glucagon administration.
3. (3) All school nurses must be educated in diabetes care and must have knowledge of the guidelines. School personnel, who volunteer under no duress to assist with the care of students with diabetes, must receive training pursuant to the guidelines from a school RN. The school RN may use certified diabetes educators and licensed nutritionists to assist with the training. All training must be renewed on an annual basis and competency must be noted in the personnel file. No school personnel shall be required to volunteer for the training. School personnel may not be reprimanded, subject to any adverse employment action or punished in any manner for refusing to volunteer.
4. (4) If a school nurse is on-site and available to assist, the school nurse must provide any needed diabetes assistance rather than other trained school personnel volunteering to assist the student. In addition, a school RN has primary responsibility for maintaining all student health records.
5. (5) The following persons shall not be liable in any court of law for injury resulting from reasonable assistance with the care of students with diabetes if performed pursuant to the guidelines developed by the departments of health and education:
  1. (A) Any school RN who provides the training;
  2. (B) Any person who is trained and whose competency is indicated in the person's personnel file as required in subdivision (d)(3); and
  3. (C) Any local board of education or governing board for a nonpublic school that authorizes school personnel to volunteer to assist with the care of students with diabetes.
6. (6) The activities set forth in this subsection (d) shall not constitute the practice of professional nursing unless performed by an individual licensed by the board of nursing.
7. (7) Upon written request of the parent or guardian, and if included in the student's medical management plan and in the IHP, a student with diabetes shall be permitted to perform blood glucose checks, administer insulin, treat hypoglycemia and hyperglycemia and otherwise attend to the care and management of the student's diabetes in any area of the school or school grounds and at any school-related activity, and shall be permitted to possess on the student's person at all times all necessary diabetes monitoring and treatment supplies, including sharps. Any sharps involved in diabetes care and management for a student shall be stored in a secure but accessible location, including on the student's person, until use of the sharps is appropriate. Use and disposal of sharps shall be in compliance with the guidelines set forth by the Tennessee occupational safety and health administration (TOSHA).
8. (8) An LEA shall not assign a student with diabetes to a school other than the school for which the student is zoned or would otherwise regularly attend because the student has diabetes.
9. (9) School RNs who provide training to volunteers under this subsection (d) shall not be subject to any disciplinary or other adverse licensing action by the board of nursing for injury resulting from assistance with the care of students with diabetes if performed pursuant to the guidelines developed by the departments of health and education.
(e)
1. (1) A student with anaphylaxis is entitled to possess and self-administer prescription anaphylaxis medication while on school property or at a school-related event or activity if:
  1. (A) The prescription anaphylaxis medication has been prescribed for that student as indicated by the prescription label on the medication;
  2. (B) The self-administration is done in compliance with the prescription or written instructions from the student's physician or other licensed health care provider; and
  3. (C) A parent of the student provides to the school:
    1. (i) Written authorization, signed by the parent, for the student to self-administer prescription anaphylaxis medication while on school property or at a school-related event or activity;
    2. (ii) A written statement, signed by the parent, in which the parent releases the school district and its employees and agents from liability for an injury arising from the student's self-administration of prescription anaphylaxis medication while on school property or at a school-related event or activity, except in cases of wanton or willful misconduct; and
    3. (iii) A written statement from the student's physician or other licensed health care provider, signed by the physician or provider, that:
      1. (a) Supports a diagnosis of anaphylaxis;
      2. (b) Identifies any food or other substances to which the student is allergic;
      3. (c) Describes any prior history of anaphylaxis, if appropriate;
      4. (d) Lists any medication prescribed for the child for the treatment of anaphylaxis;
      5. (e) Details emergency treatment procedures in the event of a reaction;
      6. (f) Lists the signs and symptoms of a reaction;
      7. (g) Assesses the student's readiness for self-administration of prescription medication; and
      8. (h) Provides a list of substitute meals that may be offered by school food service personnel.
2. (2) The physician's statement must be kept on file in the office of the school nurse of the school the student attends or, if there is not a school nurse, in the office of the principal of the school the student attends.
3. (3) If a student uses the medication in a manner other than prescribed, the student may be subject to disciplinary action under the school codes.
(f)
1. (1) The department of education, in conjunction with the department of health, shall develop and make available guidelines for the management of students with life-threatening food allergies to each LEA. The guidelines shall include, but need not be limited to:
  1. (A) Education and training for school personnel on the management of students with life-threatening food allergies, including training related to the administration of medication with a cartridge injector;
  2. (B) Procedures for responding to life-threatening allergic reactions to food;
  3. (C) Procedures for the maintenance of a file by the school nurse or principal for each student at risk for anaphylaxis;
  4. (D) Development of communication strategies between individual schools and local providers of emergency medical services, including appropriate instructions for emergency medical response;
  5. (E) Development of strategies to reduce the risk of exposure to anaphylactic causative agents in classrooms and common school areas such as the cafeteria;
  6. (F) Procedures for the dissemination of information on life threatening food allergies to school staff, parents and students, if appropriate by law;
  7. (G) Procedures for authorizing school personnel to administer epinephrine when the school nurse is not immediately available;
  8. (H) Procedures for the timely accessibility of epinephrine by school personnel when the nurse is not immediately available;
  9. (I) Development of extracurricular programs related to anaphylaxis, such as nonacademic outings and field trips, before and after school programs and school-sponsored programs held on weekends;
  10. (J) Creation of an individual health care plan tailored to the needs of each individual child at risk for anaphylaxis, including any procedures for the self-administration of medication by the children in instances where the children are capable of self-administering medication and where such self-administration is otherwise in accordance with this title; and
  11. (K) Collection and publication of data for each administration of epinephrine to a student at risk for anaphylaxis.
2. (2) Each LEA shall implement a plan based on the guidelines developed pursuant to subdivision (f)(1) for the management of students with life-threatening food allergies enrolled in the schools under its jurisdiction.
3. (3)
  1. (A) It is the intent of the general assembly that schools, both public and nonpublic, be prepared to treat allergic reaction in the event a student's personal epinephrine auto-injector is not available or the student is having a reaction for the first time.
  2. (B) Each school in an LEA and each nonpublic school is authorized to maintain at the school in at least two (2) unlocked, secure locations, including, but not limited to, the school office and the school cafeteria, epinephrine auto-injectors so that epinephrine may be administered to any student believed to be having a life-threatening allergic or anaphylactic reaction.
  3. (C) Notwithstanding any provision of title 63 to the contrary, a physician may prescribe epinephrine auto-injectors in the name of an LEA or nonpublic school to be maintained for use in schools when necessary.
  4. (D) When a student does not have an epinephrine auto-injector or a prescription for an epinephrine auto-injector on file, the school nurse or other trained school personnel may utilize the LEA or nonpublic school supply of epinephrine auto-injectors to respond to an anaphylactic reaction, under a standing protocol from a physician licensed to practice medicine in all its branches.
  5. (E) If a student is injured or harmed due to the administration of epinephrine that a physician has prescribed to an LEA or nonpublic school under this subdivision (f)(3), the physician shall not be held responsible for the injury unless the physician issued the prescription or standing protocol with intentional disregard for safety.
  6. (F) Similarly, if a student is injured or harmed due to administration of epinephrine to the student by a school nurse or other trained school personnel under this subdivision (f)(3), the school nurse or school employee shall not be held responsible for the injury unless the school nurse or school employee administered the epinephrine injection with an intentional disregard for safety.
(g)
1. (1) In addition to the assistance with self-administration of medications provided for in subsection (a), public and nonpublic school personnel who volunteer under no duress or pressure and who have been properly trained by a registered nurse employed or contracted by the LEA or governing board for a nonpublic school may administer anti-seizure medications, including diazepam gel, to a student in an emergency situation based on that student's IHP; however, if a school nurse is available, on site, and able to reach the student within the time limit for administration specified in the IHP, then the nurse shall provide this service to the student. All public schools are subject to all requirements in this subsection (g). Nonpublic schools whose governing boards choose to allow volunteer administration of anti-seizure medications are subject to all requirements of this subsection (g) except those in subdivisions (g)(2) and (7).
2. (2) A nurse employed or contracted by the LEA shall be responsible for updating and maintaining each IHP.
3. (3) The department of health and the department of education shall jointly amend current guidelines for use of health care professionals and health procedures in a school setting to reflect the appropriate procedures for use by registered nurses in training volunteer school personnel to administer anti-seizure medications, including diazepam gel, to a student in an emergency situation. The board of nursing and the Epilepsy Foundations of Tennessee shall be afforded the opportunity to review and comment on the guidelines before they take effect and any training begins. The guidelines developed shall be used uniformly by all LEAs and the governing boards of nonpublic schools that choose to allow volunteer school personnel to administer anti-seizure medications. In addition, the guidelines shall require at least one (1) school employee to serve as a witness on any occasion a volunteer administers anti-seizure medication during an emergency situation, unless a witness is not available within the time limit for administration specified in the IHP.
4. (4) Once a public or private school has determined to allow volunteer staff to administer anti-seizure medication in an emergency situation, the training referenced in subdivision (g)(3) shall be conducted as soon as possible, and shall be repeated annually thereafter. In addition, competencies to administer anti-seizure medications shall be documented in the personnel file of all volunteer school personnel. All volunteers trained to administer anti-seizure medications shall also be trained in cardiopulmonary resuscitation (CPR).
5. (5) Upon the decision of a trained volunteer to administer diazepam gel, school officials shall immediately summon local emergency medical services to the school to provide necessary monitoring or transport to safeguard the health and condition of the student.
6. (6) Trained volunteer school personnel administering anti-seizure medications under this subsection (g), any registered nurse who provides training to administer such medications and any local board of education or governing board for a nonpublic school authorizing the same shall not be liable in any court of law for injury resulting from the reasonable and prudent assistance in the administration of such medications, if performed pursuant to the policies and guidelines developed by the departments of health and education and approved by applicable regulatory or governing boards or agencies.
7. (7) An LEA shall not assign a student with epilepsy or other seizure disorder to a school other than the school for which the student is zoned or would otherwise regularly attend because the student has a seizure disorder.
8. (8) Prior to administration of an anti-seizure medication to a student by volunteer school personnel or a school nurse in an emergency situation, the student's parent or guardian shall provide:
  1. (A) The school with a written authorization to administer the medication at school;
  2. (B) A written statement from the student's health care practitioner, which statement shall contain the student's name, the name and purpose of the medication, the prescribed dosage, the route of administration, the frequency that the medication may be administered, and the circumstances under which the medication may be administered; and
  3. (C) Prior to its date of expiration, the prescribed medication to the school in its unopened, sealed package with the intact label affixed by the dispensing pharmacy.
9. (9) The written authorization required by subdivision (g)(8)(A) shall be kept on file in the office of the school nurse or school administrator. Unless subsequently rescinded in writing, the authorization shall be effective for the entirety of the school year in which it is granted.
10. (10) The school nurse or school administrator shall check monthly the expiration date for each anti-seizure medication in possession of the school. At least one (1) month prior to the expiration date of each medication, the school nurse or administrator shall inform the student's parent or guardian of the expiration date.
11. (11) A student's parent or guardian who has given the student's school written authorization to administer anti-seizure medication shall, in accordance with the student's IHP, notify the school administrator or school nurse if anti-seizure medication or prescription or over-the-counter medicines are administered to the student at a time at which the student is not present at school. The student's IHP shall set forth with specificity the requirements of reporting administration of medication and for the dissemination of such information to volunteer school personnel trained to administer anti-seizure medication. The notification shall be given after administration of medication before or at the beginning of the next school day in which the student is in attendance.

1 Backlink

68-140-501(1)

§ 49-50-1603. Administration of medicine that treats adrenal insufficiency.

(a) As used in this section, unless the context requires otherwise:
1. (1) “Adrenal crisis” means a sudden, severe worsening of symptoms associated with adrenal insufficiency, such as severe pain in the lower back, abdomen or legs, vomiting, diarrhea, dehydration, low blood pressure, or loss of consciousness;
2. (2) “Adrenal insufficiency” means a hormonal disorder that occurs when the adrenal glands do not produce enough adrenal hormones;
3. (3) “Nurse practitioner” means a nurse practitioner licensed under title 63, chapter 7; and
4. (4) “Physician” means a physician licensed under title 63, chapter 6 or 9.
(b)
1. (1) The state board of education, in consultation with the department of health, the board of nursing, the board of pharmacy, and the department of children's services, shall adopt rules for the administration of medication that treats adrenal insufficiency by school personnel trained in accordance with this section to any student on school premises whose parent or guardian has provided for the personnel the medication in accordance with subsection (e) and who the personnel believe in good faith is experiencing an adrenal crisis.
2. (2) Rules adopted under this subsection (b) must:
  1. (A) Include guidelines on the designation and training of school personnel who will be responsible for administering medication; and
  2. (B) Specify that a local education agency (LEA) is only required to train school personnel when the LEA has been notified by a parent or guardian that a student in a school of the LEA has been diagnosed with adrenal insufficiency.
(c)
1. (1) Each LEA board shall adopt policies and procedures that provide for the administration of medications that treat adrenal insufficiency.
2. (2) Policies and procedures adopted under subdivision (c)(1) shall be consistent with the rules adopted by the state board of education under subsection (b). An LEA board shall not require school personnel who have not received appropriate training to administer medication.
(d) Educational training on the treatment of adrenal insufficiency, as required by this section, shall be conducted under the supervision of a physician or nurse practitioner. The training may be conducted by any other health care professional licensed under title 63 as delegated by a supervising physician or nurse practitioner. The curricula shall include, at a minimum, the following subjects:
1. (1) General information about adrenal insufficiency and the dangers associated with adrenal insufficiency;
2. (2) Recognition of the symptoms of a person who is experiencing an adrenal crisis;
3. (3) The types of medications that are available for treating adrenal insufficiency; and
4. (4) Proper administration of medications that treat adrenal insufficiency.
(e) A person who has successfully completed educational training in the treatment of adrenal insufficiency as described in subsection (d) may receive from the parent or guardian of a student a medication that treats adrenal insufficiency and that is prescribed by a health care professional who has appropriate prescriptive privileges and is licensed under title 63, as well as the necessary paraphernalia for administration. The person may possess the medication and administer the medication to the student for whom the medication is prescribed if the student is suffering an adrenal crisis in an emergency situation when a licensed health care professional is not immediately available.
(f) An LEA employee administering the medication or performing healthcare procedures related to the administration of medication that treats adrenal insufficiency and a board of education authorizing the administration of medications or the performance of healthcare procedures related to adrenal insufficiency shall not be liable in any court of law for injury resulting from the administration of such medication or the performance of any related healthcare procedure if administered or performed in accordance with this section.

§ 49-50-1604. Guidelines regarding availability of opioid antagonists in schools.

(a) The state board of education, in consultation with the department of health, shall develop guidelines for the management of students presenting with a drug overdose for which administration of an opioid antagonist may be appropriate.
(b) Each LEA shall implement a plan based on the guidelines developed pursuant to subsection (a) for the management of students presenting with a drug overdose.
(c)
1. (1) It is the intent of the general assembly that schools, both public and nonpublic, be prepared to treat drug overdoses in the event other appropriate healthcare responses are not available.
2. (2) Each school within an LEA and each nonpublic school is authorized to maintain an opioid antagonist at the school in at least two (2) unlocked, secure locations, including, but not limited to, the school office and the school cafeteria, so that an opioid antagonist may be administered to any student believed to be having a drug overdose.
3. (3) Notwithstanding any provision of title 63 to the contrary, a physician may prescribe an opioid antagonist in the name of an LEA or nonpublic school to be maintained for use in schools when necessary. An LEA also may utilize a statewide collaborative pharmacy practice agreement pursuant to § 63-1-157 to obtain an opioid antagonist for administration.
4. (4) The school nurse, school resource officer, or other trained school personnel may utilize the LEA or nonpublic school supply of opioid antagonists to respond to a drug overdose, under a standing protocol from a physician licensed to practice medicine in all its branches.
5. (5) If a student is injured or harmed due to the administration of an opioid antagonist that a physician has prescribed to an LEA or nonpublic school under this subsection (c), the physician shall not be held responsible for the injury unless the physician issued the prescription or standing protocol with intentional disregard for safety.
6. (6) Similarly, if a student is injured or harmed due to the administration of an opioid antagonist to the student by a school nurse, school resource officer, or other trained school personnel under this subsection (c), the school nurse, school resource officer, or school employee shall not be held responsible for the injury unless the school nurse, school resource officer, or school employee administered the opioid antagonist with an intentional disregard for safety.

Part 17 Homeless Student Stability and Opportunity Gap Act

§ 49-50-1701. Part definitions.

As used in this part, “homeless child or youth” and “homeless student” have the same meaning as “homeless children and youths” in the McKinney-Vento Homeless Assistance Act (42 U.S.C. § 11434a(2)).

§ 49-50-1702. LEAs' duties to homeless students — Technical assistance for homeless-student liaisons.

(a) In accordance with the McKinney-Vento Homeless Assistance Act (42 U.S.C. § 11431 et seq.), LEAs must:
1. (1) Provide educational services and support to homeless students; and
2. (2) Designate a local liaison responsible for ensuring homeless students are identified and have a full and equal opportunity to succeed in school.
(b) The department of education shall provide technical assistance to homeless-student liaisons as needed.

§ 49-50-1703. Obtaining minor's birth certificate and state-issued identification card for homeless child.

A minor may obtain a copy of the minor's birth certificate from the department of health and a state-issued identification card from the department of safety; provided, that the minor has been verified as a homeless child or youth by at least one (1) of the following:
1. (1) A director or designee of a governmental or nonprofit agency that receives public or private funding to provide services to homeless people;
2. (2) An LEA liaison for homeless children or youth designated pursuant to 42 U.S.C. § 11432(g)(1)(J)(ii), or a school social worker or counselor;
3. (3) The director of a federal TRIO program or Gaining Early Awareness and Readiness for Undergraduate Programs program, or the director's designee; or
4. (4) A financial aid administrator.